Insolvency, Restructuring and Dissolution Act 2018 · 2020 Revised Edition · Part 3 · Official Assignee, Official Receiver and Insolvency Practitioners
22. General duties of Official Assignee as regards bankrupt’s conduct and affairs
Feedback & supportThe Official Assignee has the following duties as regards a bankrupt:
Official Assignee
“Official Assignee” means the Official Assignee appointed under section 16(1) and includes a Deputy Official Assignee, a Senior Assistant Official Assignee and an Assistant Official Assignee;
to investigate the conduct and affairs of the bankrupt, and report to the Court as to whether there is reason to believe that the bankrupt has committed any act that constitutes an offence under this Act or under section 421, 422, 423 or 424 of the Penal Code 1871, or that would otherwise justify the Court in refusing, suspending or qualifying an order for the bankrupt’s discharge;
to make such other reports concerning the conduct of the bankrupt as the Court may direct or as are prescribed;
to take such part as may be directed by the Court or as is prescribed, in any examination of the bankrupt and other persons;
to take such part and give such assistance in relation to the prosecution of any fraudulent bankrupt or any other person charged with an offence under this Act, as the Court may direct or as is prescribed.
A report by the Official Assignee under subsection (1) is, in any proceedings, prima facie evidence of the facts stated in the report.
In this section, the conduct and affairs of a bankrupt include the bankrupt’s conduct and affairs before the making of the bankruptcy order against the bankrupt.
bankrupt
“bankrupt” means —(a)an individual debtor who has been adjudged bankrupt by a bankruptcy order; or(b)where a bankruptcy order has been made against a firm, each of the partners in the firm;