Malaysia legislation
Section 38
Section 38
Duties and disabilities of bankrupt
(a)
the bankrupt shall be incompetent to maintain any action
(other than an action for damages in respect of an injury to his person) without the previous sanction of the Director General of Insolvency;
(b)
the bankrupt shall once in every six months render to the Director General of Insolvency an account of all moneys and property which have come to his hands for his own use during the preceding six months, and shall pay and make over to the Director General of Insolvency so much of the same moneys and property as have not been expended in the necessary expenses of maintenance of himself and his family;
Act 360
(ba) notwithstanding paragraph (b), the bankrupt shall immediately report to the Director General of Insolvency the receipt of any moneys, property or proceeds in any form from property the value of which exceeds five hundred ringgit and which moneys, property or proceeds do not form part of his usual income and the bankrupt shall, as soon as may be required by the
Director General of Insolvency, pay or make over such moneys, property or proceeds to the Director General of Insolvency;
(bb) the bankrupt shall immediately inform the Director General of Insolvency if there is any change of his home address;
(c)
the bankrupt shall not leave Malaysia without the previous permission of the Director General of Insolvency or of the court;
(d)
the bankrupt shall not, except with the previous permission of the Director General of Insolvency or of the court, enter into or carry on any business either alone or in partnership, or become a director of any company or otherwise directly or indirectly take part in the management of any company;
(e)
the bankrupt shall not, except with the previous permission of the Director General of Insolvency or of the court, engage in the management or control of any business carried on by or on behalf of, or be in the employment of, any of the following persons, namely—
(i)
his spouse;
(ii)
a lineal ancestor or a lineal descendant of his or a spouse of such ancestor or descendant; or
(iii)
a sibling of his or a spouse of such sibling.
(1a)
In granting permission under paragraph (c), (d) or (e) of subsection (1), the Director General of Insolvency or the court may impose such conditions as he or it may think fit.
Insolvency 63
(2)
A bankrupt who makes default in performing or observing this section or a condition imposed pursuant to subsection (1a)
shall be deemed guilty of a contempt of court, and shall be punished accordingly on the application of the Director General of Insolvency.
Power to prevent bankrupt from leaving Malaysia 38a. (1) The Director General of Insolvency may by notice issued to any immigration officer request that a bankrupt be prevented from leaving Malaysia.
(2)
Subject to any order issued or made under any written law relating to banishment or immigration, an immigration officer who receives a notice under subsection (1) in respect of any bankrupt shall take or cause to be taken all such measures as may be necessary to give effect to it.
(3)
An immigration officer shall be empowered to seize and deliver to the Director General of Insolvency any passport or travel document belonging to any bankrupt who is attempting to leave Malaysia without the previous permission of the Director
General of Insolvency.
(4)
For the purposes of this section, “immigration officer” means any person appointed under section 3 of the Immigration Act 1959
[Act 155].
List of undischarged bankrupts to be kept