Singapore legislation
Section 334
Section 334
Powers of Official Assignee to examine persons, etc.
(1)
The Official Assignee or any officer authorised by the Official Assignee may at any time, before or after a bankrupt’s discharge, by notice in writing —
summon any person listed in subsection (2) to appear before the Official Assignee, on such date and at such time as may be specified in the notice, to be examined on oath in relation to the bankrupt’s affairs, dealings and property; and
require that person to produce and surrender any book, document or copy of a book or document in that person’s possession or control that relates to the bankrupt’s affairs, dealings and property, and without payment, inspect, keep, copy, photograph or take extracts from the book, document or copy.
(2)
The persons referred to in subsection (1) are —
the bankrupt;
the bankrupt’s spouse;
a person known or suspected by the Official Assignee to possess any of the bankrupt’s property or any document relating to the bankrupt’s affairs, dealings and property;
a person believed by the Official Assignee to owe the bankrupt money;
a person believed by the Official Assignee to be able to give information regarding —
the bankrupt; or
the bankrupt’s affairs, dealings and property; and
a trustee of a trust of which the bankrupt is a settlor or is or has been a trustee.
(3)
The Official Assignee may apply to the Court for a warrant to be issued for the arrest of a person summoned under subsection (1)(a), where —
the person without reasonable excuse fails to appear for the examination on the date and at the time specified in the notice; or
there are reasonable grounds for believing that the person has absconded, or is about to abscond, with a view to avoiding compliance with this section.
(4)
The Court may authorise any person arrested under subsection (3) to be kept in custody until that person is brought before the Court or until such other time as the Court may order.
(5)
Where a person has been arrested under subsection (3), the Court may order the person’s release, either with or without security to the satisfaction of the Court that the person will abide by such conditions as the Court may think fit to impose.
(6)
Any person who, without reasonable excuse, does any of the following shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,500 or to imprisonment for a term not exceeding one month or to both:
fails to appear before the Official Assignee as required by a notice under subsection (1)(a);
fails to answer any question relating to the bankrupt’s affairs, dealings or property that is posed to that person in an examination under subsection (1)(a);
fails to produce or surrender any book, document or copy of a book or document, in that person’s possession or control, as required by a notice under subsection (1)(b).