Singapore legislation

Section 136

of Bankruptcy Act

Section 136

Unclaimed or undistributed money

(1)

Where any person other than the Official Assignee has under his control pursuant to or arising out of any composition or scheme of arrangement under this Act any money representing a dividend which has remained unclaimed for more than 6 months and where that person has under his control after the expiration of 6 months from the date of declaration of a dividend any other unclaimed or undistributed money arising from the property of the debtor, he shall forthwith pay the money to the Official Assignee whose receipt shall be an effectual discharge in respect thereof.

(2)

The Official Assignee may at any time order that person to submit to him an account verified by affidavit of the sums received and paid by him in respect of any such composition or scheme and may direct and enforce an audit of the account.

(3)

The Official Assignee may collect and get in all such unclaimed or undistributed money and at his instance the court may exercise all the powers conferred by this Act with respect to the discovery and realisation of the property of a debtor and the provisions of Part I with respect thereto shall with any necessary modifications apply to proceedings under this section.

(4)

This section shall not deprive any claimant of any larger or other right or remedy to which he may be entitled against any person other than the Official Assignee.

(5)

If any claim is made to any part of such money and such claim is established to the satisfaction of the Official Assignee the amount certified by the Official Assignee to be due to the claimant shall be paid to him, without interest, from the Bankruptcy Estates Account in the prescribed manner.

(6)

All unclaimed dividends and moneys remaining unclaimed or undistributed after a final dividend has been declared shall stand at the credit of the Bankruptcy Estates Account for 7 years and if they remain unclaimed at the expiration of that period they shall be credited to the Consolidated Fund.

(7)

If any claim is made to any part of the unclaimed dividends or money so transferred to the Consolidated Fund and if such claim is established to the satisfaction of the Official Assignee, the amount certified by the Official Assignee to be due to the claimant shall be paid to him, without interest, from the Consolidated Fund.

Section 136 — Bankruptcy Act | laws.sg