Bankruptcy Act · 2021 Revised Edition · Part 7
Section 115A
Official textFrom Attorney General's Chambers, unchanged
The Minister may, by notification published in the Gazette, declare that the Government of Brunei Darussalam has entered into an agreement with the governments of Malaysia and Singapore for the recognition by each government of the Official Assignees in bankruptcy appointed by the other government.
From the date of that notification, where any person has been adjudged a bankrupt by a court in Malaysia or Singapore, as the case may be, such property of the bankrupt situate in Brunei Darussalam as would, if he had been adjudged bankrupt in Brunei Darussalam, vest in the Official
Assignee of Malaysia or Singapore, as the case may be, shall vest in the
Official Assignee appointed by the governments of Malaysia and Singapore, and all Courts in Brunei Darussalam shall recognise the title of such Official
Assignee to such property.
property
"property" includes money, goods, things in action, land and every description of property, whether real or personal and whether situate in Brunei Darussalam or elsewhere, also obligations, easements and every description of estate, interest and profit, present or future, vested or contingent, arising out of or incident to property as above defined;
Subsection (2) does not apply where a bankruptcy application has been made against the bankrupt in Brunei Darussalam until the application has been dismissed or withdrawn or the bankruptcy order has been rescinded or annulled.
The production of an order of adjudication purporting to be certified, under the seal of the Court in Malaysia or Singapore making the order, by the registrar of that Court, or of a copy of the official Gazette of
Registrar
"Registrar" means the Registrar of the Supreme Court and includes the Chief Registrar, Deputy Registrar and Assistant Registrar;
Malaysia or Singapore containing a notice of an order adjudging that person a bankrupt shall be conclusive proof in all Courts in Brunei Darussalam of the order having been duly made and of its date.
The Official Assignee of Malaysia or Singapore may sue and be sued in any Court in Brunei Darussalam by the official names of "the Official
Assignee of the Property of (name of bankrupt), a Bankrupt under the Law of
Malaysia, or "the Official Assignee of the Property of (name of bankrupt)
under the Law of Singapore".
Evidence
Terms defined in s 2
property
Defined · s 2"property" includes money, goods, things in action, land and every description of property, whether real or personal and whether situate in Brunei Darussalam or elsewhere, also obligations, easements and every description of estate, interest and profit, present or future, vested or contingent, arising out of or incident to property as above defined;
Registrar
Defined · s 2"Registrar" means the Registrar of the Supreme Court and includes the Chief Registrar, Deputy Registrar and Assistant Registrar;
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