Law library · Sierra Leone · The Bankruptcy Act, 2009
Section 128, The Bankruptcy Act, 2009
Status not yet checkedThe Bankruptcy Act, 2009, Sierra Leone
(1) Any person who has been adjudged bankrupt, or inrespect of whose estate a receiving order has been made, commits an
offence if–
(a) he engages in any trade or business and has
outstanding at the date of the receiving order,
any debts contracted in the course and for
the purposes of the trade or business;
(b) he has, within two years prior to the
presentation of the bankruptcy petition,
materially contributed to or increased the
extent of his insolvency by gambling or by
rash and hazardous speculation and such
gambling or speculation are unconnected
with his trade or business;
(c) he has, between the date of the presentation
of the petition and the date of the receiving
order lost any part of his estate by such
gambling or rash or hazardous speculation;
or
(d) on being required by the official receiver at
any time, or in the course of his public
examination by the court, to account for the
loss of any substantial part of his estate
incurred within a period of one year next
preceding the date of the presentation of the
bankruptcy petition or between that date and
the date of the receiving order, he fails to
give a satisfactory explanation of the manner
in which such loss was incurred,
and is liable on conviction to a fine not exceeding Le20,000,000 or to
a term of imprisonment not exceeding one year to both the fine and
imprisonment.
(2) In determining for the purposes of subsection (1)
whether any speculation was rash and hazardous, the financial
position of the accused person at the time when he entered into the
speculation shall be taken into consideration.
(3) A prosecution shall not be instituted against any
person under this section except by order of the court.
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