Section 148 of Insolvency Act CAP 53: Bankrupt to give bankruptcy trustee financial information

    

(1) The bankrupt shall give the bankruptcy trustee (or any person employed by the bankruptcy trustee) the information and details that are necessary to prepare a financial statement that shows the financial position of the bankrupt's estate.
(2) If required to do so by the bankruptcy trustee, the bankrupt shall, before the deadline, prepare and deliver to the bankruptcy trustee a full, true, and detailed financial statement that shows—
(a) details of the bankrupt's trading and stocktaking; and
(b) details of the bankrupt's profit and losses during any period within the three years immediately preceding the date on which the bankruptcy commenced.
(3) To enable the bankrupt to prepare the financial statement referred to in subsection (2)—
(a) the bankruptcy trustee shall give the bankrupt full access to the bankrupt's accounting records that are in the bankruptcy trustee's possession; and
(b) if the bankruptcy trustee believes it necessary to do so, that trustee shall provide the bankrupt with the assistance of a certified public accountant at the expense of the bankrupt's estate.
(4) A bankrupt who, without reasonable excuse, fails to comply with a requirement of this section commits an offence and on conviction is liable to a fine not exceeding two hundred thousand shillings or to imprisonment for a term not exceeding six months, or to both.
(5) If, after being convicted of an offence under subsection (4), a bankrupt, without reasonable excuse, continues to fail to comply with the relevant requirement, the bankrupt commits a further offence on each day during which the failure continues and on conviction is liable to a fine not exceeding twenty thousand shillings for each such offence.
(6) For the purposes of this section, the deadline is the expiry of twenty-one days after the bankruptcy commenced or of such extended period as the bankruptcy trustee may allow.


Disclaimer: This document is not to be taken as legal advise.

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