Singapore legislation

Section 3

of Bankruptcy Act

Section 3

Acts of bankruptcy

(1)

A debtor commits an act of bankruptcy in each of the following cases:

(a)

if in Singapore or elsewhere he makes a conveyance, transfer or assignment of his property to a trustee or trustees for the benefit of his creditors generally;

(b)

if in Singapore or elsewhere he makes a fraudulent conveyance, gift, delivery or transfer of his property or of any part thereof;

(c)

if in Singapore or elsewhere he makes any conveyance or transfer of his property or of any part thereof, or creates any charge thereon, which would under this or any other enactment for the time being in force be void as a fraudulent preference if he were adjudged bankrupt;

(d)

if with intent to defeat or delay his creditors he —

(i)

departs out of Singapore or being out of Singapore remains out of Singapore;

(ii)

departs from his dwelling-house or otherwise absents himself, or begins to keep house or closes his place of business; or

(iii)

submits collusively or fraudulently to an adverse judgment or order for the payment of money;

(e)

if execution issued against him has been levied by seizure of his property under process in an action or in any civil proceeding in the High Court or a District Court where the judgment, including costs, amounts to the sum of $500;

(f)

if he files in the court a declaration of his inability to pay his debts or presents a bankruptcy petition against himself;

(g)

if he gives notice to any of his creditors that he has suspended or that he is about to suspend payment of his debts;

(h)

if he makes to any two or more of his creditors, not being partners, an offer of composition with his creditors or a proposal for a scheme of arrangement of his affairs, and such offer or proposal is not followed by the registration within 14 days thereafter of a deed of arrangement with his creditors, in accordance with the rules for the time being in force for the registration of deeds of arrangement under this Act;

(i)

if a creditor has obtained a final judgment or final order against him for any amount and execution thereon not having been stayed has served on him in Singapore, or by leave of the court elsewhere, a bankruptcy notice under this Act requiring him to pay the judgment debt or sum ordered to be paid in accordance with the terms of the judgment or order, or to secure or compound for it to the satisfaction of the creditor or the court, and he does not within 7 days after service of the notice in case the service is effected in Singapore, and in case the service is effected elsewhere then within the time limited in that behalf by the order giving leave to effect the service, either comply with the requirements of the notice or satisfy the court that he has a counterclaim, set-off or cross demand which equals or exceeds the amount of the judgment debt or sum ordered to be paid and which he could not set up in the action or proceeding in which the judgment or order was obtained;

(j)

if the Sheriff or the bailiff of a District Court makes a return that the debtor was possessed of no property liable to seizure; and for the purposes of this paragraph the date when the writ is lodged with the Sheriff or the bailiff of a District Court shall be deemed to be the date of the act of bankruptcy.

(2)

A bankruptcy notice under this Act shall be in the prescribed form, shall state the consequences of non-compliance therewith, and shall be served as prescribed.

(3)

In this section “debtor” shall be deemed to include any person, whether a citizen of Singapore or not —

(a)

who is domiciled in Singapore;

(b)

who within a year before the date of the presentation of the petition has ordinarily resided in or had a dwelling-house or place of business in Singapore; or

(c)

who though not himself personally within Singapore carries on business by an agent within Singapore.

Section 3 — Bankruptcy Act | laws.sg