Bankruptcy Act 1988

Powers of trustee, etc.

112

112.(1) F99[ In the winding up the trustee shall be subject to the control of the Court and shall have regard to any directions given to him by the committee of inspection or by resolution of the creditors.]

(2) Subject to subsection (1), the trustee shall have all the powers and may perform all the functions conferred by this Act on the Official Assignee in relation to property vested in him and the provisions of this Act (other than those of Parts IV and VI) shall apply, with any necessary modifications, in relation to the winding up of the property of a bankrupt by a trustee and a committee of inspection as they apply in relation to the administration of such property by the Official Assignee and the trustee shall be substituted for the Official Assignee in such provisions where appropriate.

(3) F100[Where on an application to it under section 110 the Court makes an order referred to in that section it shall at the same time make provision for]:

(a) the remuneration of the trustee,

(b) the making of regular reports by the trustee at subsequent sittings in relation to the winding up,

(c) the procedure to be followed by the trustee in the lodgment of monies received by him,

(d) the audit of the trustee's accounts, and

(e) such other matters as may be prescribed.

Annotations

Amendments:

F99

Substituted (1.06.2016) by Bankruptcy (Amendment) Act 2015 (60/2015), s. 14(a), S.I. No. 253 of 2016.

F100

Substituted (1.06.2016) by Bankruptcy (Amendment) Act 2015 (60/2015), s. 14(b), S.I. No. 253 of 2016.