A voluntary administrator or liquidator has the power to apply to the court to conduct a public examination under oath of a director. A receiver can also apply for a public examination if ASIC consents. Being summonsed to appear for a public examination is a serious matter and should not be ignored. Seek immediate legal advice if you are in any way concerned about the public examination process or your rights. The external administrator conducting the public examination may be interested in your personal financial position or further details about assets or transactions the company undertook. Often the need for a public examination can be avoided by cooperating with the external administrator.
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