Law library · Sierra Leone · The Bankruptcy Act, 2009
Section 124, The Bankruptcy Act, 2009
Status not yet checkedThe Bankruptcy Act, 2009, Sierra Leone
(1) Any person who has been adjudged bankrupt and inrespect of whose estate a receiving order has been made, in each of
the following cases commits an offence if:-
(a) he does not, to the best of his knowledge
and belief fully and truly discover to the
trustee all his property, real and personal, and
how, to whom and for what consideration and
when he disposed of any part of it, except
such part as has been disposed of in the
ordinary way of his trade (if any) or laid out
in the ordinary expenses of his family, unless
he proves that he had no intent to defraud;
(b) he does not deliver up to the trustee, or as
the trustee directs, all such part of his
movable property in his custody or under
his control and which he is required by law
to deliver up, unless he proves that he had
no intent to defraud;
(c) if he does not deliver up to the trustee, or as
the trustee directs, all books, documents,
papers and writings in his custody or under
his control relating to his property or affairs,
unless he proves that he had no intent to
defraud;
(d) after the presentation of a bankruptcy
months next before such presentation, he
conceals any part of his property to the value
of Le10,000,000 or more or conceals any debt
due to or from him, unless he proves that he
had no intent to defraud;
(e) after the presentation of a bankruptcy
months next before such presentation, he
fraudulently removes any part of his property
to the value of Le10,000,000 or more.
(f) he makes any material omission or
misstatement in any statement relating to his
affairs, unless he proves that he had no intent
to defraud;
(g) knowing or having any reason to believe that
a false debt has been proved by any person
under the bankruptcy, he fails for the period
of a month to inform the trustee;
(h) after the presentation of a bankruptcy
petition by or against him, he prevents or is
party or privy to preventing the production
Fraudulent
debtors.
76 77
of any book, document, paper or writing
affecting or relating to his property or affairs,
unless he proves that he had no intent to
conceal the state of his affairs or to defeat
the law;
(i) after the presentation of a bankruptcy
months next before the presentation, he
removes, conceals, destroys, mutilates or
falsifies or is privy to the removal,
concealment, destruction, mutilation or
falsification of any book or document
affecting or relating to his property or affairs,
unless he proves that he had no intent to
conceal the state of his affairs or to defeat
the law;
(j) after the presentation of a bankruptcy
months next before the presentation, he
fraudulently parts with, alters or makes any
omission in, or is privy to the fraudulently
parting with, altering or making any omission
in, any document affecting or relating to his
property or affairs;
(k) after the presentation of a bankruptcy
petition by or against him or at any meeting
of his creditors within twelve months next
before the presentation, he attempts to
account for any part of his property by
fictitious losses or expenses;
(l) within twelve months next before the
presentation of a bankruptcy petition by or
against him or after the presentation of a
bankruptcy petition and before the making o
of a receiving order, he, by false representation or other fraud has obtained any
property on credit, and has not paid for it;
(m) within twelve months next before the
presentation of a bankruptcy petition by or
against him or after the presentation of a
receiving order, he obtains under the false
pretence of carrying on business, and if a
trader, of dealing in the ordinary way of his
trade, any property on credit and has not paid
for it, unless he proves that he had not, within
twelve months next before the presentation
of a bankruptcy petition by or against him or
after the presentation of a bankruptcy
petition and before the making of a receiving
order, he pawns, pledges or disposes of any
property which he had obtained on credit and
has not paid for, unless in the case of a trader
such pawning, pledging or disposing of, is
in the ordinary way of his trade, and unless
in any case he proves that he had no intent
to defraud; or
(n) he makes any false representation or other
fraud for the purpose of obtaining the
consent of his creditor to an agreement with
reference to his affairs,
and shall be liable on conviction to a fine not exceeding Le20,000,000
or to imprisonment for a term not exceeding two years or to both the
fine and imprisonment
(2) A person who has sent out of Sierra Leone any
property which he has obtained on credit and has not paid for shall,
until the contrary is proved be deemed to have disposed of it otherwise
than in the ordinary way of his trade if, the property, not having been
paid or accounted for at the date of the receiving order by the person
to whom it was sent, the last-mentioned person does not pay or
account for it within a reasonable time after being called upon to do
so by the trustee or cannot be found within a reasonable time.
78 79
Read the whole lawDownload PDFAsk Tima what this means
Check the current official version before relying on this text. MiLAWYER shares legal information, not legal advice.