Full legislation
s.93
Audit of trustee’s accounts
(1)
A trustee other than the Official Receiver shall keep an account of his
receipts and payments as such trustee.
(Replaced
18 of 2005 s. 34
)
(1A)
The Official Receiver may at any time require the trustee to provide him with
the account, and the trustee shall comply with the requirement within the specified
time.
(Added
18 of 2005 s. 34
)
(2)
The
account must be in the specified form.
(Replaced
22 of 2023 s. 7
)
(3)
The trustee shall provide the Official Receiver with such vouchers and
information relating to the account as he requires, and the Official Receiver may at
any time require the production of, and inspect, any books or accounts kept by the
trustee.
(Replaced
39 of 1987 s. 3
. Amended
18 of 2005 s. 34
)
(3A)
The Official Receiver may at any time cause the account to be audited.
(Added
39 of 1987 s. 3
)
(4)
When
the account has been audited, the trustee must deliver a copy of the account to each
of the specified entities for filing.
(Replaced
22 of 2023 s. 7
)
(4AA)
If the Official Receiver decides that the account need not be audited, the
trustee must, as soon as practicable after the decision, deliver a copy of the
account to each of the specified entities for filing.
(Added
22 of 2023 s. 7
)
(4AAB)
If a copy of the account is delivered by the trustee to a specified entity under
subsection (4) or (4AA), the
entity—
(a)
must keep the copy of the account so delivered to the entity in the manner
that the entity thinks fit; and
(b)
must cause the copy of the account so kept by the entity to be open on
payment of the prescribed fee to the inspection of any creditor, the bankrupt or
any person interested, in the manner that the entity thinks fit.
(Added
22 of 2023 s. 7
)
(4A)
Notwithstanding the fact that unaudited copies of an account have already been
filed, the Official Receiver may subsequently cause that account to be audited,
and
in that
event—
(Added
39 of 1987 s. 3
. Amended
22 of 2023 s. 7
)
(a)
the trustee must deliver a copy of the audited account to each of the
specified entities for filing;
(b)
a specified entity must keep the copy of the audited account so delivered
to the entity in the manner that the entity thinks fit; and
(c)
a specified entity must cause the copy of the audited account so kept by
the entity to be open on payment of the prescribed fee to the inspection of any
creditor, the bankrupt or any person interested, in the manner that the entity
thinks fit.
(Amended
22 of 2023 s. 7
)
(5)
The court may if it so desires examine the trustee and, after hearing the
explanation, if any, of the trustee, make such order as it may think just for
compelling the trustee to make good any loss to the estate which may appear to the
court to have been occasioned by any misfeasance, neglect or improper conduct or
omission of the trustee.
(Amended
39 of 1987 s. 3
)
(6)
In this
section—
specified entity
(
指明單位
) means—
(a)
the Official Receiver; or
(b)
the court.
(Added
22 of 2023 s. 7
)