Section 2

“advocate” means any person entitled to practise as an advocate or as a solicitor or as an advocate and solicitor under any law in any part of Malaysia;

“affidavit” includes attestation on honour;

“available act of bankruptcy” means any act of bankruptcy available for a bankruptcy petition at the date of the presentation of the petition on which the bankruptcy order is made;

*NOTE—see sections 4 and 5 of the Bankruptcy (Amendment) Act 2017 [Act A1534].

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“bankruptcy petition” means a creditor’s petition or a debtor’s petition for bankruptcy;

“Chief Judge” means the Chief Judge of the High Court in

Malaya or of the High Court in Sabah and Sarawak, as the case may require;

“consultative committee” means the committee appointed under section 25;

“the court” means the court having jurisdiction in bankruptcy under this Act;

“debt provable in bankruptcy” or “provable debt” includes any debt or liability by this Act made provable in bankruptcy;

“Director General of Insolvency” includes any officer appointed under section 70 and authorized to exercise the powers of the

Director General of Insolvency;

“gazetted” means published in the official Gazette of Malaysia or of any State (as the case may require) including any supplement or Extraordinary Gazette;

“general rules” includes forms;

“goods” includes all chattels personal;

“liability” includes any compensation for work or labour done, any obligation or possibility of an obligation to pay money or money’s worth on the breach of any express or implied covenant, contract, agreement or undertaking, whether the breach does or does not occur or is or is not likely to occur or capable of occurring before the discharge of the debtor, and generally it shall include any express or implied engagement, agreement or undertaking to pay, or capable or resulting in the payment of money or money’s worth, whether the payment is as respects amount fixed or unliquidated or as respects time, present or future, certain or dependent on any one contingency or on two or more contingencies, or as to mode of valuation capable of being ascertained by fixed rules or as matter of opinion;

“oath” includes attestation on honour;

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“ordinary resolution” means a resolution decided by a majority in value of the creditors present personally or by proxy at a meeting of creditors and voting on the resolution;

“prescribed” means prescribed by the Minister by rules made under this Act;

“property” includes money, goods, things in action, land and every description of property, whether real or personal and whether situate in Malaysia 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” means the Registrar of the High Court and includes a Deputy Registrar, a Senior Assistant Registrar or an Assistant

Registrar of the High Court;

“remote communication technology” has the meaning assigned to it in the Courts of Judicature Act 1964 [Act 91];

“resolution” means ordinary resolution;

“secured creditor” means a person holding a mortgage, charge or lien on the property of the debtor or any part thereof as a security for a debt due to him from the debtor but shall not include a plaintiff in any action who has attached the property of the debtor before judgment;

“social guarantor” means a person who provides, not for the purpose of making profit, the following guarantees: