Insolvency, Restructuring and Dissolution Act 2018 · 2020 Revised Edition · Part 20 · Bankruptcy Offences
412. Obtaining credit, engaging in business, or standing as guarantor
Feedback & supportLast amended by an amending law of 2023.
An individual shall be guilty of an offence if, being an undischarged 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;
either alone or jointly with any other person, the individual obtains credit to the extent of at least $1,000 (or such higher amount as may be prescribed) from any person without informing that person, at the time the credit is obtained, that the individual is an undischarged bankrupt;
the individual engages in any trade or business under a name other than that under which the individual was adjudged bankrupt without disclosing to every person with whom the individual enters into any business transaction, at the time the transaction is entered into, the name under which the individual was adjudged bankrupt;
the individual provides a guarantee, indemnity or security to the extent of at least $1,000 (or such higher amount as may be prescribed) in respect of any amount borrowed or charged or any credit obtained by another person, without informing the lender or creditor, at the time the guarantee, indemnity or security is provided, that the individual is an undischarged bankrupt; or
the individual receives money or other consideration of at least $10,000 (or such higher amount as may be prescribed) from a person that is advance payment for the supply of goods or services, without informing that person, at the time the money or other consideration is received, that the individual is an undischarged bankrupt, regardless of —
whether the money or other consideration is received on the individual’s own account or on account of another person; and
whether the money or other consideration received is full or partial payment for the supply of the goods or services.
In this section, any reference to a bankrupt obtaining credit is to be read as including a reference to any case in which —
goods are bailed to the bankrupt under a hire‑purchase agreement; and
the bankrupt is paid in advance (whether in money or otherwise) for the supply of goods or services.
The Minister may, by order in the Gazette, exempt any person or class of persons from subsection (1)(d).
Minister
“Minister” means —(a)except as provided in paragraph (b), the Minister charged with the responsibility for administration of affairs of insolvent persons and insolvent companies; and(b)for the purposes of sections 124(1)(g) and (2)(c), 125(5), 127(3) and 198, the Minister charged with the responsibility for registration of companies;