Administration in bankruptcy of estate of person dying insolvent
419.—(1) In this section, unless the context otherwise requires, “creditor” means one or more creditors qualified to make a bankruptcy application under Part 16.
(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 the debtor been alive, may make to the Court an application for an order for the administration of the estate of the deceased debtor according to Parts 16 to 21.
(3) Every application under this section is to be in the same form as a creditor’s bankruptcy application under section 307, with such variations as the case may require, except that in the case of an application by the Official Assignee, it is not necessary to allege or prove that any debt is owing to the applicant.
(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.
(5) An application for administration under this section must 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 ensue as under an administration order made on the application of a creditor.
(6) An administration order under this section must not be made until the expiration of 2 months after the date of the grant of probate or letters of administration, unless with the concurrence of the legal representative of the deceased debtor.
(7) Upon an administration order being made under this section, the property of the debtor vests in the Official Assignee as trustee of the property without any further conveyance, transfer or assignment, and the Official Assignee must forthwith proceed to realise and distribute the same in accordance with Parts 16 to 21.
(8) Sections 334, 335 and 336 so far as they relate to persons other than the debtor, and, with the modifications under this section, all the provisions of Part 17, so far as the same are applicable, apply to the case of an administration order under this section, and for the purposes of such application, unless the context otherwise requires, every reference to a bankrupt is to be read as a reference to the legal representative of the deceased debtor.
(9) Sections 361, 367 and 368 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 must have regard to any claims by the legal representative of the deceased debtor to payment of the proper funeral and testamentary expenses incurred by the legal representative in and about the debtor’s estate, and such claims are deemed to be preferential debts under the administration order and are 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 Parts 16 to 21 in the case of a bankruptcy, the surplus is, subject to section 391(2), to 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 on the application, no payment or transfer of property made by the legal representative after the giving of the notice operates as a discharge to the legal representative as between the legal representative and the Official Assignee.
(13) Subject to this section, nothing in this section invalidates any payment made or act or thing done in good faith by the legal representative before the date of the administration order.
Arbitration agreements to which bankrupt is party
420.—(1) This section applies where a bankrupt had become party to a contract containing an arbitration agreement before the commencement of his or her bankruptcy.
(2) If the Official Assignee adopts the contract, the arbitration agreement is enforceable by or against the Official Assignee in relation to matters arising from or connected with the contract.
(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 the Court thinks fit in all the circumstances of the case, order that the matter be referred to arbitration in accordance with the arbitration agreement.
Costs
421.—(1) No payment may, 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 Parts 3 and 13 to 22 or the regulations to be performed by the trustee in bankruptcy or special manager, as the case may be.
(2) Unless agreed to by the Official Assignee, all bills and charges of any solicitor, manager, accountant, auctioneer, broker and other person (each called in this section a billing person) must be assessed by the Court.[Act 25 of 2021 wef 01/04/2022]
(3) Every billing person must, on request by the Official Assignee, which request the Official Assignee must make a sufficient time before declaring a dividend, deliver the billing person’s bill of costs or charges for assessment by the Court.[Act 25 of 2021 wef 01/04/2022]
(4) If the billing person fails to deliver the bill of costs or charges for assessment by the Court within 7 days after receipt of the request mentioned in subsection (3), or such further time as the Court on application grants, the Official Assignee must declare and distribute the dividend without regard to any claim by the billing person, and after such declaration and distribution, any such claim is forfeited as against the Official Assignee personally and as against the estate.[Act 25 of 2021 wef 01/04/2022]
Actions by Official Assignee and bankrupt’s partners
422.—(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 is void.
(3) Notice of the application for authority to commence the action or proceeding must be given to the bankrupt’s partner and the partner may show cause against it, and on the partner’s application the Court may, if the Court thinks fit, direct that the partner is to receive the partner’s proper share of the proceeds of the action or proceeding, and if the partner does not claim any benefit from the proceeds of the action or proceeding, the partner is to be indemnified against costs in respect of the action or proceeding as the Court directs.
Action in aid of courts of Malaysia and designated countries
423.—(1) The Court and the officers of the Court must, 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 Court, is deemed sufficient to enable the Court to exercise in respect of the matters directed by the order such jurisdiction as either the court which made the request or the 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.
Reciprocal recognition of Official Assignees
424.—(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 the bankrupt had been adjudged bankrupt in Singapore, vest in the Official Assignee of Singapore, vests in the Official Assignee appointed by the government of Malaysia, and all courts in Singapore must recognise the title of such Official Assignee to such property.
(3) Subsection (2) does 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.
(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 a person a bankrupt is 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”.
Evidence of proceedings at meetings of creditors
425.—(1) A minute of proceedings at a meeting of creditors under Parts 3 and 13 to 21, signed at the same or the next ensuing meeting by a person describing himself or herself as or appearing to be chairperson of the meeting at which the minute is signed, is to be received in evidence without further proof.
(2) Until the contrary is proved, every meeting of creditors in respect of the proceedings of which a minute has been signed is deemed to have been duly convened and held, and all resolutions passed or proceedings had to have been duly passed or had at the meeting.
Evidence of proceedings in bankruptcy
426. 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; or
(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 under Parts 3 and 13 to 22,
is if it appears to be sealed with the seal of the Court or purports to be signed by any judge of the Court, or is certified as a true copy by the Registrar, receivable in evidence in all legal proceedings.
Swearing of affidavits
427. Subject to the Rules, any affidavit may be used in the 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, certified as such by a consul or person performing consular functions on behalf of the government or by a notary public.
Death of witness, etc.
428. In the case of the death of the debtor or bankrupt, or of the spouse of the debtor or bankrupt, or of a witness whose evidence has been received by the Court in any proceedings under Parts 3 and 13 to 22, the deposition of the person so deceased, purporting to be sealed with the seal of the Court, or a copy of the deposition purporting to be so sealed, is admissible as evidence of the matters deposed to in the deposition.
Service of summons, notice, etc.
429.—(1) Every summons, notice or document required or authorised to be served on any person under any provision of Parts 3 and 13 to 21 and, despite anything to the contrary in the Criminal Procedure Code 2010, every summons issued by a court for the attendance of any person accused of any offence under Parts 3 and 13 to 21, may be served on the person —(a)
by delivering it to that person;
(b)
by delivering it to any adult person residing at that person’s usual or last known place of residence or employed at that person’s last known place of business;
(c)
by leaving it at that person’s usual or last known place of residence or business; or
(d)
by forwarding it by registered post in a cover addressed to that person at that person’s usual or last known place of residence or business or at any address furnished by that person.
(2) In proving service by registered post, it is sufficient to prove that the registered cover containing the summons, notice or document was duly addressed and posted.
Formal defect not to invalidate proceedings or acts
430.—(1) No proceedings in bankruptcy are 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 the Court.
(2) The acts of a person as a trustee or as a special manager, and the acts of the creditors’ committee appointed for any bankruptcy, are valid despite any defect in the appointment, election or qualifications of the trustee, manager or any member of the committee, as the case may be.
Acts of corporations, firms and lunatics
431. For all or any of the purposes of Parts 3 and 13 to 22 —(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; and
(c)
a person who lacks capacity may act by —(i)
a donee of a lasting power of attorney granted by the person with powers in relation to the person for the purposes of Parts 3 and 13 to 22; or
(ii)
a deputy appointed or deemed to be appointed for the person by the court under the Mental Capacity Act 2008 with powers in relation to the person for the purposes of Parts 3 and 13 to 22.
Exclusion of liability relating to computerised information service
432. Where the Official Assignee provides a service to the public by which 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 is liable for any loss or damage suffered by any member of the public or the bankrupt by reason of any error or omission of any nature in the information, regardless of how the error or omission is caused, if the provision of the information containing the error or omission is made in good faith and in the ordinary course of the discharge of the duties of the employee.
List of undischarged bankrupts, etc., to be kept
433.—(1) The Official Assignee must maintain, in such form or manner as the Official Assignee thinks fit —(a)
a list of undischarged bankrupts;
(b)
a list of discharged bankrupts;
(c)
a record of every bankruptcy order;
(d)
a record of every order rescinding a bankruptcy order;
(e)
a record of every order, and every certificate of the Official Assignee, discharging a bankruptcy order; [Act 1 of 2023 wef 01/11/2023]
(f)
a record of every order, and every certificate of the Official Assignee, annulling a bankruptcy order; and[Act 1 of 2023 wef 01/11/2023]
(g)
a record of the particulars of the current employment status and employment history of every undischarged bankrupt, as provided to the Official Assignee under section 332(3)(a)(iv) or (4)(c), 333(1)(a) or 399(1)(b) or (c).[Act 1 of 2023 wef 01/11/2023]
(2) Subject to subsections (3) and (4), the Official Assignee may allow any person, on payment of the prescribed fee, to inspect or otherwise have access to the whole or any part of any list or record mentioned in subsection (1)(a) to (e) and (g) as the Official Assignee may determine.[Act 1 of 2023 wef 01/11/2023]
(3) Subject to section 393(3), where a bankruptcy order has been annulled, no person may inspect or have access to any part of any record maintained by the Official Assignee which relates to the bankruptcy order or the annulment of the bankruptcy order.
(4) Where an individual’s target contribution was paid in full before the individual’s discharge from bankruptcy, and 5 years have lapsed after the date of discharge, no person (except the individual) may inspect or otherwise have access to —(a)
the part of the list mentioned in subsection (1)(b) relating to the bankruptcy which the individual was discharged from; and
(b)
the part of any record mentioned in subsection (1)(c) or (e) relating to the bankruptcy which the individual was discharged from.
(5) 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 is prima facie evidence of the facts stated in the certificate.
Unclaimed and undistributed moneys
434.—(1) Where a trustee in bankruptcy or nominee is in possession of or has under the control of the trustee or nominee —(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,
the trustee or nominee (as the case may be) must 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 must issue to the trustee in bankruptcy or nominee the prescribed certificate of receipt for the moneys so paid and that certificate is an effectual discharge to the trustee or nominee in respect of the payment.
(3) The Official Assignee must from time to time pay out of the Bankruptcy Estates Account and into the Insolvency Assistance Fund maintained under section 436 so much of the sums standing to the credit of the Bankruptcy Estates Account as represents —(a)
dividends or balances in the Bankruptcy Estates Account which do not exceed $50;
(b)
dividends which were declared but have not been claimed for a period of 6 years; or
(c)
balances in the Bankruptcy Estates Account which have not been claimed for a period of 6 years after 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 a debtor has been withdrawn by the applicant or dismissed by the Court; or
(v)
the moneys were paid into the Bankruptcy Estates Account under subsection (1).
(4) The Official Assignee must from time to time pay out of the Debt Repayment Schemes Account and into the Debt Repayment Scheme Assistance Fund maintained under section 435 so much of the sums standing to the credit of the Debt Repayment Schemes Account as represents —(a)
balances in the Debt Repayment Schemes Account which do not exceed $50; or
(b)
balances in the Debt Repayment Schemes Account in respect of a debt repayment scheme which have remained unclaimed for a period of 6 years after the date on which the debt repayment scheme has ceased under section 298(1).
Debt Repayment Scheme Assistance Fund
435.—(1) The Official Assignee must maintain and administer a fund to be known as the Debt Repayment Scheme Assistance Fund (called in this section the Fund) in accordance with such regulations as may be prescribed.
(2) The following are to be paid into the Fund:(a)
all moneys mentioned in section 434(4);
(b)
all costs and fees recovered by the Official Assignee in any proceedings under Part 15 in which moneys from the Fund were applied.
(3) The Fund may be applied by the Official Assignee for such purposes as may be prescribed.
(4) The Minister may from time to time pay such sums of moneys out of the Fund and into the Consolidated Fund as the Minister may determine.
(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.
Insolvency Assistance Fund
436.—(1) The Official Assignee must maintain and administer a fund to be known as the Insolvency Assistance Fund (called in this section the Fund) in accordance with such regulations as may be prescribed.
(2) The following are to be paid into the Fund:(a)
all unclaimed moneys mentioned in section 434(3);
(b)
all costs and fees recovered by the Official Assignee in any proceedings taken under Parts 3 and 13 to 22 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 379;
(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 may 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 out of the Fund and into the Consolidated Fund as the Minister may determine.
Composition of offences
437.—(1) The Official Assignee may compound any offence under Division 2 of Part 3 and Parts 13 to 21 which is prescribed as a compoundable offence by collecting from the person reasonably suspected of having committed the offence a sum not exceeding the lower of the following:(a)
one half of the amount of the maximum fine that is prescribed for the offence;
(b)
$5,000.
(2) On payment of the sum of money under subsection (1), no further proceedings are to be taken against that person in respect of the offence.
(3) All sums collected under this section must be paid into the Consolidated Fund.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
