Companies Act · 2021 Revised Edition · Part · Management and Administration Registered Office and Name
141. Provisions as to undischarged bankrupts acting as directors
Official textFrom Attorney General's Chambers, unchanged
If any person being an undischarged bankrupt act as director of, or directly or indirectly takes part in or is concerned in the management of, any company except with the leave of the Court by which he was adjudged bankrupt, he is guilty of an offence and liable on conviction to a fine of $5,000 and imprisonment for one year:
director
"director" includes any person occupying the position of director of a corporation by whatever name called and includes a person in accordance with whose directions or instructions the directors of a Companies corporation are accustomed to act and an alternate or substitute director;
Provided that a person is not guilty of an offence under this section by reason that he, being an undischarged bankrupt, has acted as director of, or taken part or been concerned in the management of, a company, if at the commencement of this Act he was acting as director of, or taking part or being concerned in the management of, that company and has continuously so acted, taken part or been concerned since that date and the bankruptcy was prior to that date.
The leave of the Court for the purpose of this section shall not be given unless notice of intention to apply therefor has been served on the
Official Receiver and it shall be the duty of the Official Receiver, if he is of opinion that it is contrary to the public interest that any such application should be granted, to attend on thehearing of and opposethe granting of the application.
150 CAP. 39
Companies
In this section -
"company" includes an unregistered company and a company incorporated outside Brunei Darussalam which has an established place of business within Brunei Darussalam;
place of business
"place of business" includes a share transfer or share registration ofice;
"Official Receiver" means the Official Receiver in bankruptcy.
Terms defined in this Act
director
Defined · s 2"director" includes any person occupying the position of director of a corporation by whatever name called and includes a person in accordance with whose directions or instructions the directors of a Companies corporation are accustomed to act and an alternate or substitute director;
place of business
Defined · s 307"place of business" includes a share transfer or share registration ofice;
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Restrictions on Sale of Shares and Offers of Shares for Sale
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Prohibition of Partnerships with More Than Twenty Members
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