Insolvency Act · 2022 Revised Edition · Part 3
27. Lodging of accounts of receivers and managers
Official textFrom Attorney General's Chambers, unchanged
Every receiver or manager of the property of a company or of the property in Brunei Darussalam of any other corporation shall —
property
“property”, in relation to a company, includes money, goods, things in action and every description of property, whether real or personal, and whether in Brunei Darussalam or elsewhere, and also obligations and every description of interest whether present or future or vested or contingent arising out of, or incidental to, property.
within one month after the expiration of the period of 6 months from the date of his appointment and of every subsequent period of 6 months and within one month after he ceases to act as
Insolvency receiver or manager, lodge with the Registrar a detailed account in the prescribed form showing —
his receipts and his payments during each period of 6 months, or, where he ceases to act as receiver or manager, during the period from the end of the period to which the last preceding account related or from the date of his appointment, as the case may be, up to the date of his so ceasing;
the aggregate amount of those receipts and payments during all preceding periods since his appointment;
and
where he has been appointed pursuant to the powers contained in any instrument —
the amount owing under that instrument at the time of his appointment, in the case of the first account, and at the expiration of every 6 months after his appointment and, where he has ceased to act as receiver or manager at the date of his so ceasing; and
his estimate of the total value of all assets of the company or such other corporation which are subject to that instrument; and
before lodging such account, verify by affidavit all accounts and statements referred to therein.
The Registrar may, of his own motion or on the application of the company or such other corporation or a creditor, cause the accounts to be audited by a public accountant appointed by the
Registrar.
For the purposes of the audit, the receiver or manager shall furnish the auditor with such vouchers and information as he requires and the auditor may at any time require the production of and inspect any books of account kept by the receiver or manager or any document or other records relating thereto.
Where the Registrar causes the accounts to be audited on the request of the company or such other corporation or a creditor, he may require the applicant to give security for the payment of the cost of the audit.
company
“company” means a company incorporated or registered under the Companies Act;
Insolvency 42
insolvency
“insolvency”, in relation to a company, includes the approval of a voluntary arrangement or the appointment of a judicial manager;
The costs of an audit under subsection (2) shall be fixed by the
Registrar and be paid by the receiver or manager unless the Registrar otherwise determines.
Every receiver or manager who fails to comply with this section is guilty of an offence and liable on conviction to a fine not exceeding $1,000, and, in the case of a continuing offence, with a further fine not exceeding $50 for every day or part thereof during which the offence continues after conviction.
Terms defined in s 3
company
Defined · s 3“company” means a company incorporated or registered under the Companies Act;
document
Defined · s 3“document” includes summons, notice, order and other legal process, and registers;
insolvency
Defined · s 3“insolvency”, in relation to a company, includes the approval of a voluntary arrangement or the appointment of a judicial manager;
property
Defined · s 3“property”, in relation to a company, includes money, goods, things in action and every description of property, whether real or personal, and whether in Brunei Darussalam or elsewhere, and also obligations and every description of interest whether present or future or vested or contingent arising out of, or incidental to, property.
security
Defined · s 3“security” means any mortgage, charge, lien or other security interests;
Part
Judicial Management
Part
Winding Up of Companies Registered Under Companies Act
Chapter I
Chapter II
Chapter III
Chapter IV
Chapter V
Chapter VI
Chapter VII
Chapter VIII
Chapter IX
Chapter X
Part