Skip to content
Contents

Part VI

102. Powers of Bankruptcy Trustee

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

The Bankruptcy Trustee may exercise any of the following powers:-

(a)

the power to carry on any business of the bankrupt debtor so far as may be necessary for winding it up beneficially and so far as the Bankruptcy

Trustee is able to do so without contravening any requirement imposed by or under any enactment;

(b)

the power to bring, institute or defend any action or legal proceedings relating to the property comprised in the Bankruptcy Estate;

(c)

the power to accept as the consideration for the sale of any property comprised in the Bankruptcy

Estate a sum of money payable at a future time

Rescue, Rehabilitation and Insolvency subject to such stipulations as to security or otherwise as the creditors' committee or the court thinks fit;

(d)

the power to mortgage or pledge any part of the property comprised in the Bankruptcy Estate for the purpose of raising money for the payment of the bankrupt debtor’s debts;

(e)

the power, where any right, option or other power forms part of the Bankruptcy Estate, to make payments or incur liabilities with a view to obtaining, for the benefit of the creditors, any property which is the subject of the right, option or power;

(f)

the power to make such compromise or other arrangement as may be thought expedient with creditors, or persons claiming to be creditors, in respect of debts provable in the bankruptcy;

(g)

the power to make such compromise or other arrangement as may be thought expedient with respect to any claim arising out of or incidental to the Bankruptcy Estate made or capable of being made on the Bankruptcy Trustee by any person;

(h)

the power to sell any part of the property for the time being comprised in the Bankruptcy Estate, including the goodwill and book debts of any business;

(i)

the power to refer to arbitration, or compromise on such terms as may be agreed, any debts, claims or liabilities subsisting or supposed to subsist between the bankrupt debtor and any person who may have incurred any liability to the bankrupt debtor;

Rescue, Rehabilitation and Insolvency

(j)

the power to make such compromise or other arrangement as may be thought expedient with respect to any claim arising out of or incidental to the Bankruptcy Estate made or capable of being made by the Bankruptcy Trustee on any person;

(k)

the power to give receipts for any money received by the Bankruptcy Trustee, being receipts which effectually discharge the person paying the money from all responsibility in respect of its application;

(l)

the power to prove, rank, claim and draw a dividend in respect of such debts due to the bankrupt debtor as are comprised in his estate;

and

(m)

the power to exercise in relation to any property comprised in the Bankruptcy Estate any powers the capacity to exercise which is vested in the

Bankruptcy Trustee under this Part of this Act.

(2)

For the purposes of, or in connection with, the exercise of any of his powers under this Part, the Bankruptcy Trustee may, by his official name—

(a)

hold property of every description;

(b)

make contracts;

(c)

sue and be sued;

(d)

enter into engagements binding on oneself and, in respect of the Bankruptcy Estate, on any successors in office;

(e)

employ an agent;

(f)

execute any power of attorney, deed or other instrument, and such trustee may do any other act which is necessary or expedient for the purposes of or in connection with the exercise of those powers.

Rescue, Rehabilitation and Insolvency

Part VII

Personal Insolvency Register

Part VIII

Part IX

Part X

Compromises

Part XI

Micro Small Medium Enterprise (MSME) Company Debt Restructuring Arrangements

Part XII

Part XIII

Part XIV

Cross - Border Insolvency

Part XV

Part XVI

Part XVII

Schedules