s 102 Transfer of undertakings to Commission
102.—(1) On the transfer date, all the assets and liabilities of the transferor that relate solely or mainly to the product safety functions or legal metrology functions, or both, are transferred to the Commission. (2) When any asset or liability of the transferor is transferred under subsection (1), the following provisions have effect:(a) the asset that is the subject of the transfer vests in the Commission by virtue of this section and without the need for any further conveyance, transfer, assignment or assurance; (b) the liability that is the subject of the transfer becomes by virtue of this section the liability of the Commission; (c) all legal or other proceedings relating to that asset or liability started before the transfer date by or against the transferor (or a predecessor of the transferor) and pending immediately before that date are taken to be proceedings pending by or against the Commission; (d) any legal or other proceedings relating to that asset or liability which could have been started immediately before the transfer date by or against the transferor (or a predecessor of the transferor) may be started by or against the Commission; (e) a judgment or order of a court or other tribunal obtained before the transfer date by or against the transferor (or a predecessor of the transferor) relating to that asset or liability may be enforced by or against the Commission; (f) any document relating to legal or other proceedings relating to that asset or liability that has been served on or by the transferor (or a predecessor of the transferor) before the transfer date is taken, where appropriate, to have been served on or by the Commission; (g) any act, matter or thing done or omitted to be done before the transfer date in relation to that asset or liability by, to or in respect of the transferor (or a predecessor of the transferor) is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the Commission; (h) a reference to the transferor (or a predecessor of the transferor) in any written law, any instrument made under any Act, any contract, agreement, arrangement or undertaking, or any document of any kind, to the extent to which the reference relates to that asset or liability, is taken to be, or to include, a reference to the Commission; (i) any agreement relating to that asset or liability and to which the transferor (or a predecessor of the transferor) is a party becomes enforceable by or against the Commission. (3) The operation of this section does not —(a) constitute a breach of, or default under, any Act or other law, or otherwise a civil wrong or criminal wrong; (b) constitute a breach of duty of confidence (whether arising by contract, in equity, by custom, or in any other way); (c) constitute a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets or liabilities or the disclosure of any information; (d) terminate any agreement or obligation, or fulfil any condition that allows a person to terminate any agreement or obligation, or give rise to any right or remedy in respect of any agreement or obligation; (e) frustrate any contract or cause any contract or instrument to be void or otherwise unenforceable; (f) release any surety, other obligor or other obligee wholly or in part from any obligation; or (g) constitute an event of breach of, or default under, any contract or other instrument.[Act 13 of 2025 wef 01/07/2025]