Singapore legislation

Section 111

of Bankruptcy Act

Section 111

Punishment of fraudulent debtors

(1)

Any person who has been adjudged bankrupt or in respect of whose estate a receiving order has been made under this Act shall in each of the cases following be punished with imprisonment which may extend to 2 years or with fine or with both:

(a)

if he does not to the best of his knowledge and belief fully and truly discover to the Official Assignee all his property, and how, and to whom, and for what consideration, and when he disposed of any part thereof, except such part as has been disposed of in the ordinary way of his trade, if any, or laid out in the ordinary expenses of his family, unless he satisfies the court that he had no intent to defraud;

(b)

if he does not deliver up to the Official Assignee or as he directs all such part of his property as is in his custody or under his control, and which he is required by law to deliver up, unless he satisfies the court that he had no intent to defraud;

(c)

if he does not deliver up to the Official Assignee or as he directs all books, documents, papers and writings in his custody or under his control relating to his property or affairs, unless he satisfies the court that he had no intent to defraud;

(d)

if, after the presentation of a bankruptcy petition by or against him or within 12 months next before such presentation, he conceals any part of his property to the value of $100 or upwards or conceals any debt due to or from him, unless he satisfies the court that he had no intent to defraud;

(e)

if, after the presentation of a bankruptcy petition by or against him or within 12 months next before such presentation, he fraudulently removes any part of his property of the value of $100 or upwards;

(f)

if he makes any material omission in any statement relating to his affairs, unless he satisfies the court that he had no intent to defraud;

(g)

if, knowing or believing or having reason to believe that a false debt has been proved by any person under the bankruptcy, he fails for the period of one month to inform the Official Assignee thereof;

(h)

if, after the presentation of a bankruptcy petition by or against him, he prevents the production of any book, document, paper or writing affecting or relating to his property or affairs, unless he satisfies the court that he had no intent to conceal the state of his affairs or to defeat the law;

(i)

if, after the presentation of a bankruptcy petition by or against him, or within 12 months next before such presentation, he conceals, destroys, mutilates or falsifies or is privy to the concealment, destruction, mutilation or falsification of any book or document affecting or relating to his property or affairs, unless he satisfies the court that he had no intent to conceal the state of his affairs or to defeat the law;

(j)

if, after the presentation of a bankruptcy petition by or against him, or within 12 months next before such presentation, he makes or is privy to the making of any false entry in any book or document affecting or relating to his property or affairs, unless he satisfies the court that he had no intent to conceal the state of his affairs or to defeat the law;

(k)

if, after the presentation of a bankruptcy petition by or against him, or within 12 months next before such presentation he fraudulently parts with, alters or makes any omission in, or is privy to the fraudulently parting with, altering or making any omission in, any document affecting or relating to his property or affairs;

(l)

if, after the presentation of a bankruptcy petition by or against him, or at any meeting of his creditors within 12 months next before the presentation thereof, he attempts to account for any part of his property by fictitious losses or expenses;

(m)

if, being an undischarged bankrupt —

(i)

either alone or jointly with any other person he obtains credit to the extent of $100 or upwards from any person without informing that person that he is an undischarged bankrupt; or

(ii)

he engages in any trade or business under a name other than that under which he was adjudicated bankrupt without disclosing to all persons with whom he enters into any business transaction the name under which he was adjudicated bankrupt;

(n)

if, within 12 months next before the presentation of a bankruptcy petition by or against him, he by any false representation or other fraud has obtained any property on credit and has not paid for the same;

(o)

if, within 12 months next before the presentation of a bankruptcy petition by or against him, he being a trader obtains, under the false pretence of carrying on business and dealing in the ordinary way of his trade, any property on credit and has not paid for the same, unless he satisfies the court that he had no intent to defraud;

(p)

if, within 12 months next before the presentation of a bankruptcy petition by or against him, he being a trader pawns, pledges or sends out of Singapore in unusual quantities or to unusual quarters, or disposes of otherwise than in the ordinary way of his trade any property which he has obtained on credit and has not paid for, unless he satisfies the court that he had no intent to defraud;

(q)

if he is guilty of any false representation or other fraud for the purpose of obtaining the consent of his creditors or any of them to any agreement with reference to his affairs or his bankruptcy;

(r)

if, having been engaged in any trade or business and having outstanding at the date of the receiving order any debt contracted in the course and for the purposes of such trade or business, —

(i)

he has, within two years prior to the presentation of the bankruptcy petition, materially contributed to or increased the extent of his insolvency by gambling or by rash and hazardous speculation, and such gambling or speculation is unconnected with his trade or business;

(ii)

he has, between the date of the presentation of the petition and the date of the receiving order, lost any part of his estate by such gambling or rash and hazardous speculation; or

(iii)

on being required by the Official Assignee at any time, or in the course of his public examination by the court, to account for the loss of any substantial part of his estate incurred within a period of a year next preceding the date of the presentation of the bankruptcy petition, or between that date and the date of the receiving order, he fails to give a satisfactory explanation of the manner in which such loss was incurred.

(2)

In determining for the purpose of subsection (1)(r) whether any speculation was rash and hazardous, the financial position of the accused person at the time when he entered into the speculation shall be taken into consideration.

(3)

A person who has sent out of Singapore any property which he has obtained on credit and not paid for shall, until the contrary is proved, be deemed to have disposed of the same otherwise than in the ordinary way of his trade, if that property not having been paid or accounted for at the date of the receiving order by the person to whom that property was sent, such last-mentioned person cannot be found, or does not pay or account for the same within a reasonable time after being called upon to do so by the Official Assignee.

(4)

Where any person pawns, pledges or disposes of any property in circumstances which amount to an offence under subsection (1)(p), every person who takes in pawn or pledge or otherwise receives the property knowing it to be pawned, pledged or disposed of in such circumstances shall be guilty of an offence and shall be liable on conviction to be punished in the same way as if he had received the property knowing it to have been obtained in circumstances amounting to an offence.

(5)

A prosecution shall not be instituted against any person in respect of an offence punishable under subsection (1)(r) except by order of the court nor where the receiving order in the bankruptcy is made within two years of 1st July 1958.

Section 111 — Bankruptcy Act | laws.sg