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Contents

Part VIII

173. Bankruptcy off ences: Credit and Borrowing

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

(1)

The bankrupt debtor commits an offence, if—

(a)

either alone or jointly with any other person, the bankrupt debtor obtains credit to the extent of fifty thousand rupees or such higher value as may be prescribed, without the creditor being informed prior that a Bankruptcy Order is in effect in respect of the bankrupt debtor; or

Rescue, Rehabilitation and Insolvency

(b)

the bankrupt debtor engages, directly or indirectly, in any business under a name other than that specified in the Bankruptcy Order without disclosing prior to all persons with whom such debtor enters into any business transaction in the name specified in the Bankruptcy Order.

(2)

The bankrupt debtor commits an offence if, after the commencement of Bankruptcy-

(a)

the bankrupt debtor obtains property on credit and has not paid for the property; and

(b)

the bankrupt debtor obtains the property on credit-

(i)

by a false representation or other fraud;

(ii)

by a false statement of financial position or other false statement of the bankrupt debtor’s affairs; or

(iii)

under the false pretence of carrying on business and dealing with it in the normal course of business.

(3)

The reference to the bankrupt debtor obtaining credit includes the following cases-

(a)

where goods are hired to the bankrupt debtor under a hire-purchase agreement, or agreed to be sold to the bankrupt debtor under a conditional sale agreement; and

(b)

where the bankrupt debtor has been paid in advance (whether in money or otherwise) for the supply of goods or services.

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