Singapore legislation

Section 104

of Bankruptcy Act

Section 104

Reciprocal recognition of Official Assignees

(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 of 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:Provided that this subsection shall not apply where a bankruptcy petition has been presented against the bankrupt in Singapore, until the petition has been dismissed or withdrawn or the receiving order has been rescinded or the adjudicating order has been annulled as the case may be.

(3)

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.

(4)

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”.