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← Insolvency, Restructuring and Dissolution Act 2018

Insolvency, Restructuring and Dissolution Act 2018 s 401

s 401 Disabilities of bankrupt

401.—(1) Where a bankrupt has not obtained his or her discharge —(a) unless the bankrupt has obtained the previous sanction of the Official Assignee, the bankrupt is incompetent to commence, continue or defend —(i) any action other than —(A) an action for damages in respect of any injury to the bankrupt’s person; or (B) a matrimonial proceeding; or (ii) any appeal arising from any action referred to in sub‑paragraph (i); and (b) the bankrupt must not leave, or remain or reside outside, Singapore without the previous permission of the Official Assignee. (2) Despite subsection (1)(a), the bankrupt must notify the Official Assignee of any proceedings mentioned in subsection (1)(a)(i)(A) or (B), or any appeal arising from any such proceedings, not later than 3 days before commencing, continuing or defending the proceedings or appeal, as the case may be. (3) A bankrupt who fails to comply with this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both. (4) In this section —“action” and “proceedings” include arbitration; “matrimonial proceeding” means any of the following proceedings:(a) a proceeding under Part 8, 9, 9A or 10 of the Women’s Charter 1961;[Act 18 of 2023 wef 16/01/2025] (aa) a proceeding under Part 10B of the Women’s Charter 1961;[Act 18 of 2023 wef 16/01/2025] (ab) a proceeding under Part 10C of the Women’s Charter 1961;[Act 18 of 2023 wef 16/01/2025] (b) a proceeding mentioned in section 35(2)(a), (b), (c), (d) or (e) or 35A of the Administration of Muslim Law Act 1966.[Act 18 of 2023 wef 16/01/2025]

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Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.

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