Bankruptcy Act · 2021 Revised Edition · Part 7
128. Unclaimed and undistributed dividends or funds
Official textFrom Attorney General's Chambers, unchanged
Where the trustee under any bankruptcy, composition or scheme pursuant to this Act has -
under his control any unclaimed dividend which has remained unclaimed for more than 6 months; or
after making a final dividend, has in his hands or under his control any unclaimed or undistributed money arising from the property of the debtor, he shall forthwith pay it to the Registrar who shall carry the same to an account to be termed the Bankruptcy Estates Account. The Registrar's receipt for the money so paid shall be a sufficient discharge to the trustee in respect thereof.
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;
The trustee, whether he has obtained his release or not, may be called upon by the Court to account for any unclaimed funds or dividends and any failure to comply with the requisitions of the Court in this behalf may be dealt with as a contempt of court.
Any person claiming to be entitled to any monies paid into the
Bankruptcy Estates Account under this Act may, within 5 years of the date when the monies was so paid in, apply to the Registrar for payment to him of the monies, and the Registrar, if satisfied that the person claiming is entitled, shall make an order for the payment to such person of the sum due. Any person dissatisfied with the decision of the Registrar may appeal to the
Registrar
"Registrar" means the Registrar of the Supreme Court and includes the Chief Registrar, Deputy Registrar and Assistant Registrar;
Court.
After any money has remained unclaimed in the Bankruptcy
Estates Account for a period of 5 years, it shall be dealt with in accordance with the provisions of any written law relating to unclaimed balances.
Bankruptcy
CAP. 67 101
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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