On 22/05/2013,
you requested for the version in force on 22/05/2013
incorporating all amendments published on or before 22/05/2013.
The closest version currently available is that of 31/10/2009.
PART XI
MISCELLANEOUS PROVISIONS
148.
—(1) In this section, unless the context otherwise requires, “creditor” means one or more creditors qualified to make a bankruptcy application under this Act.
[42/2005]
(2) The Official Assignee or any creditor of a deceased debtor whose debt would have been sufficient to support a bankruptcy application against the debtor had he been alive, may make to the court an application for an order for the administration of the estate of the deceased debtor according to this Act.
[42/2005]
(3) Every application under this section shall be in the same form as a creditor’s bankruptcy application under section 57, with such variations as the case may require, except that in the case of an application by the Official Assignee, it shall not be necessary to allege or prove that any debt is owing to the applicant.
[42/2005]
(4) Upon the prescribed notice being given to the legal representative, if any, of the deceased debtor, the court may, in the prescribed manner, upon proof of the applicant’s debt, unless the court is satisfied that there is a reasonable probability that the estate will be sufficient for the payment of the debts owing by the deceased debtor, make an order for the administration in bankruptcy of the deceased debtor’s estate, or may, upon cause being shown, dismiss the application with or without costs.
[42/2005]
(5) An administration order under this section shall not be made until the expiration of 2 months from the date of the grant of probate or letters of administration, unless with the concurrence of the legal representative of the deceased debtor.
(6) An application for administration under this section shall not be made to the court after proceedings have been commenced for the administration of the deceased debtor’s estate except that the court may, in that case, on the application of any creditor and on proof that the estate is insufficient to pay its debts in the prescribed manner, make an order for the administration of the estate of the deceased debtor in bankruptcy, and the like consequences shall ensue as under an administration order made on the application of a creditor.
[42/2005]
(7) Upon an administration order being made under this section, the property of the debtor shall vest in the Official Assignee as trustee thereof without any further conveyance, transfer or assignment, and he shall forthwith proceed to realise and distribute the same in accordance with this Act.
(8) Sections 83 and 84 so far as they relate to persons other than the debtor, and, with the modifications under this section, all the provisions of Part VII shall, so far as the same are applicable, apply to the case of an administration order under this section.
(9) Sections 98, 105 and 106 shall apply in the case of an administration order under this section as if the administration order were a bankruptcy order.
(10) In the administration of the property of the deceased debtor under an administration order, the Official Assignee shall have regard to any claims by the legal representative of the deceased debtor to payment of the proper funeral and testamentary expenses incurred by him in and about the debtor’s estate and such claims shall be deemed to be preferential debts under the administration order and shall be payable in full out of the debtor’s estate in priority to all other debts.
(11) If on the administration of a deceased debtor’s estate any surplus remains in the hands of the Official Assignee after payment in full of all the debts due from the debtor, together with the costs of the administration and interest as provided by this Act in the case of a bankruptcy, the surplus shall, subject to section 122(2), be paid over to the legal representative of the deceased debtor’s estate or dealt with in such other manner as is prescribed.
(12) Upon notice being given to the legal representative of a deceased debtor of the making by a creditor of an application under this section, and in the event of an administration order being made thereon, no payment or transfer of property made thereafter by the legal representative shall operate as a discharge to him as between himself and the Official Assignee.
[42/2005]
(13) Subject to this section, nothing in this section shall invalidate any payment made or act or thing done in good faith by the legal representative before the date of the administration order.
148A.
—(1) This section shall apply where a bankrupt had become party to a contract containing an arbitration agreement before the commencement of his bankruptcy.
[37/2001]
(2) If the Official Assignee adopts the contract, the arbitration agreement shall be enforceable by or against the Official Assignee in relation to matters arising from or connected with the contract.
[37/2001]
(3) If the Official Assignee does not adopt the contract and a matter to which the arbitration agreement applies requires to be determined in connection with or for the purposes of the bankruptcy proceedings —
(a)
the Official Assignee; or
(b)
any other party to the agreement,
may apply to the court which may, if it thinks fit in all the circumstances of the case, order that the matter be referred to arbitration in accordance with the arbitration agreement.
[37/2001]
(4) In this section, “court” means the court which has jurisdiction in the bankruptcy proceedings.
[37/2001]
149.
—(1) No payment shall, without the approval of the Official Assignee, be allowed in the accounts of any trustee in bankruptcy or of any special manager in respect of the performance by any other person of the ordinary duties which are required by this Act or the rules to be performed by himself.
(2) Unless agreed to by the Official Assignee, all bills and charges of solicitors, managers, accountants, auctioneers, brokers and other persons shall be taxed by the prescribed officer, and no payments in respect thereof shall be allowed in the accounts of the Official Assignee without leave of the court given after such taxation has been made.
(3) Every such person shall, on request by the Official Assignee, which request the Official Assignee shall make a sufficient time before declaring a dividend, deliver his bill of costs or charges to the prescribed officer for taxation, and if he fails to do so within 7 days after receipt of the request, or such further time as the court on application grants, the Official Assignee shall declare and distribute the dividend without regard to any claim by him, and thereupon any such claim shall be forfeited as well against the Official Assignee personally as against the estate.
150.
—(1) Where a partner in a firm is adjudged bankrupt, the court may authorise the Official Assignee to commence and prosecute any action or other legal proceeding in the names of the Official Assignee and of the bankrupt’s partner.
(2) Any release by the bankrupt’s partner of the debt or demand to which the action or proceeding relates shall be void.
(3) Notice of the application for authority to commence the action or proceeding shall be given to the bankrupt’s partner and he may show cause against it, and on his application the court may, if it thinks fit, direct that he shall receive his proper share of the proceeds of the action or proceeding, and if he does not claim any benefit therefrom he shall be indemnified against costs in respect thereof as the court directs.
151.
—(1) The High Court and the officers thereof shall, in all matters of bankruptcy and insolvency, act in aid of and be auxiliary to the courts of Malaysia or any designated country having jurisdiction in bankruptcy and insolvency so long as the law of Malaysia or the designated country requires its courts to act in aid of and be auxiliary to the courts of Singapore.
(2) An order of any such court of Malaysia or any designated country, seeking aid with a request to the High Court, shall be deemed sufficient to enable the High Court to exercise in respect of the matters directed by the order such jurisdiction as either the court which made the request or the High Court could exercise in respect of similar matters within their several jurisdictions.
(3) In this section, “designated country” means any country designated for the purposes of this section by the Minister by notification in the Gazette.
152.
—(1) The Minister may, by notification in the Gazette, declare that the Government of Singapore has entered into an agreement with the government of Malaysia for the recognition by each government of the Official Assignees in bankruptcy appointed by the other government.
(2) From the date of that notification where any person has been adjudged a bankrupt by a court in Malaysia, such property of the bankrupt situate in Singapore as would, if he had been adjudged bankrupt in Singapore, vest in the Official Assignee of Singapore, shall vest in the Official Assignee appointed by the government of Malaysia, and all courts in Singapore shall recognise the title of such Official Assignee to such property.
(3) Subsection (2) shall not apply where a bankruptcy application has been made against the bankrupt in Singapore until the application has been dismissed or withdrawn or the bankruptcy order has been rescinded or annulled.
[42/2005]
(4) The production of an order of adjudication purporting to be certified, under the seal of the court in Malaysia making the order, by the registrar of that court, or of a copy of the official Gazette of Malaysia containing a notice of an order adjudging that person a bankrupt shall be conclusive proof in all courts in Singapore of the order having been duly made and of its date.
(5) The Official Assignee of Malaysia may sue and be sued in any court in Singapore by the official name of “the Official Assignee of the Property of (name of bankrupt), a Bankrupt under the Law of Malaysia”.
153.
—(1) A minute of proceedings at a meeting of creditors under this Act, signed at the same or the next ensuing meeting by a person describing himself as or appearing to be chairman of the meeting at which the minute is signed, shall be received in evidence without further proof.
(2) Until the contrary is proved, every meeting of creditors in respect of the proceedings whereof a minute has been so signed shall be deemed to have been duly convened and held, and all resolutions passed or proceedings had thereat to have been duly passed or had.
154. Any —
(a)
application or copy of an application in bankruptcy;
(b)
order or certificate or copy of an order or certificate made by the court in bankruptcy;
(c)
instrument, affidavit or document or copy of an instrument, an affidavit or a document made or used in the course of any bankruptcy proceedings or other proceedings had under this Act,
shall, if it appears to be sealed with the seal of the court or purports to be signed by any judge thereof, or is certified as a true copy by the Registrar, be receivable in evidence in all legal proceedings whatever.
[42/2005]
155. Subject to the rules, any affidavit may be used in a court if it is sworn —
(a)
in Singapore before any person authorised to administer oaths or any Magistrate;
(b)
in Malaysia or other Commonwealth country before a judge, magistrate, justice of the peace or any person authorised to administer oaths under any written law for the time being in force in Malaysia or that Commonwealth country; and
(c)
in any other place before a magistrate or justice of the peace or other person qualified to administer oaths in that place who is certified to be a magistrate or justice of the peace or person qualified as aforesaid by a consul or person performing consular functions on behalf of the government or by a notary public.
156. In case of the death of the debtor or bankrupt, as the case may be, or of his spouse, or of a witness whose evidence has been received by any court in any proceedings under this Act, the deposition of the person so deceased, purporting to be sealed with the seal of the court, or a copy thereof purporting to be so sealed, shall be admitted as evidence of the matters therein deposed to.
157.
—(1) Where, by any provision of this Act, any summons, notice or document is required or authorised to be served on any person, it may be served —
(a)
by delivering it to him;
(b)
by delivering it to any adult person residing at his usual or last known place of residence or employed at his last known place of business;
(c)
by leaving it at his usual or last known place of residence or business; or
(d)
by forwarding it by registered post in a cover addressed to him at his usual or last known place of residence or business or at any address furnished by him.
[37/99]
(2) In proving service by registered post, it shall be sufficient to prove that the registered cover containing the summons, notice or document was duly addressed and posted.
[37/99]
158.
—(1) No proceedings in bankruptcy shall be invalidated by any formal defect or by any irregularity, unless the court before which an objection is made to the proceedings is of the opinion that substantial injustice has been caused by the defect or irregularity and that the injustice cannot be remedied by any order of that court.
(2) The acts of a person as the trustee of a bankrupt’s estate or as a special manager, and the acts of the creditors’ committee appointed for any bankruptcy, shall be valid notwithstanding any defect in the appointment, election or qualifications of the trustee or manager or, as the case may be, of any member of the committee.
Exemption from stamp duty
159. [Repealed by Act 38 of 2002]
160. For all or any of the purposes of this Act —
(a)
a corporation may act by any of its officers authorised in that behalf under the seal of the corporation;
(b)
a firm may act by any of its members;
(c)
a mentally disordered person or lunatic may act by his committee.
161. Any creditor of the bankrupt may, upon payment of the prescribed fee, at all reasonable times inspect personally or by agent, any such books, papers or documents in the possession of the Official Assignee.
162. Where the Official Assignee provides a service to the public whereby computerised information of prescribed particulars of a bankrupt is supplied to the public on payment of a prescribed fee, neither the Government nor any of its employees involved in the supply of such information shall be liable for any loss or damage suffered by members of the public by reason of any errors or omissions of whatever nature appearing therein or howsoever caused if made in good faith and in the ordinary course of the discharge of the duties of such employees.
163.
—(1) The Official Assignee shall maintain, in such form or manner as he thinks fit —
(a)
a list of undischarged bankrupts; and
(b)
a record of every bankruptcy order and every order rescinding, annulling or discharging any bankruptcy order,
and may allow any person, on payment of the prescribed fee, to inspect or otherwise have access to any part of such list or record as the Official Assignee may determine.
(2) Where the question arises as to whether a person is an undischarged bankrupt, a certificate from the Official Assignee stating whether or not that person is an undischarged bankrupt shall be prima facie evidence of the facts stated therein.
[6/2004]
164.
—(1) Where a trustee or nominee is in possession of or has under his control —
(a)
any unclaimed dividend or other moneys which have remained unclaimed for more than 6 months from the date when the dividend or other moneys became payable; or
(b)
after making final distribution, any unclaimed or undistributed moneys arising from the property of a bankrupt,
he shall forthwith pay those moneys to the Official Assignee to be placed to the credit of the Bankruptcy Estates Account.
(2) Upon payment under subsection (1), the Official Assignee shall issue to the trustee or nominee the prescribed certificate of receipt for the moneys so paid and that certificate shall be an effectual discharge to him in respect thereof.
(3) The Official Assignee shall from time to time pay out of the Bankruptcy Estates Account and into the Insolvency Assistance Fund maintained under section 165 so much of the sums standing to the credit of the Account as represents —
(a)
dividends or balances in the Account which do not exceed $50;
(b)
dividends which were declared but have not been claimed for a period of 6 years; and
(c)
balances in the Account which have not been claimed for a period of 6 years from the date that —
(i)
the bankruptcy order has been annulled by the court;
(ii)
the bankrupt has been discharged from bankruptcy by the court;
(iii)
the bankrupt has been discharged from bankruptcy by a certificate issued by the Official Assignee;
(iv)
the bankruptcy application made against the debtor has been withdrawn by the applicant or dismissed by the court; or
(v)
the moneys were paid into the Account under subsection (1).
[42/2005; 6/2009]
(4) The Official Assignee shall from time to time pay out of the Debt Repayment Schemes Account and into the Debt Repayment Scheme Assistance Fund maintained under section 164A so much of the sums standing to the credit of the Account as represents —
(a)
balances in the Account which do not exceed $50; and
(b)
balances in the Account in respect of a debt repayment scheme which have remained unclaimed for a period of 6 years from the date on which the debt repayment scheme has ceased under section 56K(1).
[6/2009]
164A.
—(1) The Official Assignee shall maintain and administer a fund to be known as the Debt Repayment Scheme Assistance Fund (referred to in this section as the Fund) in accordance with such rules as may be prescribed.
[6/2009]
(2) There shall be paid into the Fund —
(a)
all moneys referred to in section 164(4); and
(b)
all costs and fees recovered by the Official Assignee in any proceedings under Part VA in which moneys from the Fund were applied.
[6/2009]
(3) The Fund may be applied by the Official Assignee for such purposes as may be prescribed.
[6/2009]
(4) The Minister may from time to time pay such sums of moneys out of the Fund and into the Consolidated Fund as he may determine.
[6/2009]
(5) If any claimant makes any demand against the Official Assignee for any amount of unclaimed moneys paid into the Fund under subsection (2)(a), the Minister may direct that payment of that amount, free of interest, be made to the claimant out of the Consolidated Fund.
[6/2009]
165.
—(1) The Official Assignee shall maintain and administer a fund to be known as the Insolvency Assistance Fund (referred to in this section as the Fund) in accordance with such rules as may be prescribed.
(2) There shall be paid into the Fund —
(a)
all unclaimed moneys referred to in section 164(3); and
(b)
all costs and fees recovered by the Official Assignee in any proceedings taken under this Act in which moneys from the Fund were applied.
(3) Subject to subsections (4) and (6), the Fund may be applied by the Official Assignee for all or any of the following purposes:
(a)
for the remuneration of special managers appointed under section 113;
(b)
for the payment of all costs, fees and allowances to solicitors and other persons in proceedings on behalf of a bankrupt’s estate or to recover assets of the estate;
(c)
for the payment of such costs and fees in the administration of a bankrupt’s estate as the Official Assignee may determine;
(d)
for such other purposes as may be prescribed.
(4) If any claimant makes any demand against the Official Assignee for any amount of unclaimed moneys paid into the Fund under subsection (2)(a), the Minister may direct that payment of that amount, free of interest, be made to the claimant out of the Consolidated Fund.
(5) No moneys from the Fund shall be applied for any proceedings where, in the opinion of the Official Assignee, there is no reasonable ground for taking, defending, continuing or being a party to the proceedings or where there are sufficient moneys for such purpose in the bankrupt’s estate.
(6) The Minister may from time to time pay such sums of moneys in the Fund into the Consolidated Fund as he may determine.
165A.
—(1) The Official Assignee may, in his discretion, compound any offence under this Act as may be prescribed as being an offence which may be compounded by collecting from the person reasonably suspected of having committed the offence a sum not exceeding $1,000.
[37/99]
(2) The Minister may make rules prescribing the offences which may be compounded.
[37/99]
166. The Minister may make rules for the purposes of carrying into effect the objects of this Act and, without prejudice to the generality of this power, the rules may contain —
(a)
provisions with respect to meetings of creditors, the functions, membership and proceedings of a creditors’ committee;
(b)
provisions with respect to the proof of debts, the manner and conditions of proving a debt and the manner and expenses of establishing the value of any debt or security;
(c)
provisions with respect to the scale of appropriation of salary under section 109;
(d)
provisions prescribing any fees payable under this Act and the rules; and
(e)
such incidental, supplemental and transitional provisions as may appear to the Minister to be necessary or expedient.
167.
—(1) In any written law or document in which a reference is made to the Bankruptcy Act (Cap. 20, 1985 Ed.) repealed by this Act, such reference shall be read as a reference to this Act.
(2) The transitional provisions and savings set out in the Schedule shall have effect.