Insolvency Act, 2006 Act 708

INSOLVENCY ACT, 2006 (ACT 708)
ARRANGEMENT OF SECTIONS
Section
The Official Trustee
1. The Official Trustee
2. Powers of the High Court
3. Insolvent estates fund
4. Insolvency register
5. Notices in the Gazette
6. Liability for default
7. Annual report
Insolvency Proceedings
Petitions
8. Commencement of proceedings
9. Creditor's petition
10. Debtor's petition
11. Procedure on petitions
Protection orders
12. Effect of protection order
13. Debtor's statement of affairs
14. Debtor's proposal for arrangement with creditors
15. Creditors' proof of debts
16. First meeting of creditors
Judicial consideration
17. Application to the High Court
18. Hearing of application
19. Insolvency order
20. Confirmation of arrangement with creditors
21. Rescission of protection order
Bankruptcy
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h Court
18. Hearing of application
19. Insolvency order
20. Confirmation of arrangement with creditors
21. Rescission of protection order
Bankruptcy
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22. Public examination of debtor
23. Adjudication of bankruptcy
24. Additional duties and disabilities of bankrupt
General duties and disabilities of debtor
25. Duty to co-operate with Official Trustee
26. Duty to disclose after-acquired property
27. Duty of disclosure when obtaining credit
28. Liability to arrest and seizure of property
29. Liability to interception of letters
Discharge
30. Date of discharge
31. Earlier discharge where additional payment made
32. Alteration of bankrupt's discharge date
33. Certificate of discharge
34. Effect of discharge
Termination of proceedings
35. When proceedings come to an end
36. Order terminating proceedings
Administration of debtors property
Assets passing to Official Trustee
37. Vesting on making of protection order
38. After-acquired property
39. Repayments by preferred creditors
40. Repayment of gifts
41. Repayments by moneylenders
42. Sums to be credited to debtor's official account
General functions of Official Trustee
43. Duty to protect assets
44. Duty to realise assets
45. Duty to verify debts ranking for dividend
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al account
General functions of Official Trustee
43. Duty to protect assets
44. Duty to realise assets
45. Duty to verify debts ranking for dividend
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46. Duty to amend admitted proofs
47. Duty to ascertain priority of debts
48. Duty to consult creditors
49. Enquiries by the High Court
Assets passing from Official Trustee
50. Cases where insolvency order not made
51. Disclaimer
52. Fees and outgoings
53. Return of personal effects to debtor
54. Dividends to creditors
55. Return of surplus assets to debtor
56. Payments to be made out of debtor's property
Arrangements with creditors apart from insolvency proceedings
57. Arrangements to which sections 58 to 61 apply
58. Arrangements register
59. Arrangements voidable unless registered
60. Setting aside of arrangement
61. Arrangement not to count as suspension of payments
Modifications in special cases
62. Debtors not of full age and capacity
63. Joint debtors
64. Debtors who are trustees
65. Participation in insolvency proceedings by subsequent creditors
Administration of estates of deceased insolvents
66. Administration orders
67. Effect of administration order
68. Creditors' proof of debts
69. First meeting of creditors
70. Duties of deceased's representative
71. Application of sections 37 to 56
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tion order
68. Creditors' proof of debts
69. First meeting of creditors
70. Duties of deceased's representative
71. Application of sections 37 to 56
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72. Order terminating administration
73. Death of debtor during insolvency proceedings
Supplemental provisions
74. Offences
75. Evidence
76. Rules
77. Interpretation
78. Repeal
SCHEDULE
Meetings of Creditors
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ring insolvency proceedings
Supplemental provisions
74. Offences
75. Evidence
76. Rules
77. Interpretation
78. Repeal
SCHEDULE
Meetings of Creditors
4

ACT 708
REPUBLIC OF GHANA
THE SEVEN HUNDRED AND EIGHTH
ACT
OF THE PARLIAMENT OF THE REPUBLIC
OF GHANA
ENTITLED
THE INSOLVENCY ACT, 2006
AN ACT to amend and consolidate the law to provide for the protection of creditors and
debtors in cases of insolvency and for related matters. DATE OF ASSENT: 18th April, 2006. ENACTED by the President and Parliament:
The Official Trustee
Section 1—Official Trustee
(1) There shall be a public office under the title of Official Trustee. (2) The President may, in accordance with article 195 of the Constitution, and within six
months after the coming into force of this Act, appoint the Official Trustee. (3) Until the appointment is made under subsection (2), the Registrar-General is the Official
Trustee. (4) A person shall not be appointed the Official Trustee unless that person is a legal practitioner
of not less than ten years standing. (5) An act required or authorised to be done by, or in relation to, the Official Trustee may
instead be done by, or in relation to a public officer authorised in that behalf by the Official
Trustee or under an enactment.

e Official Trustee may
instead be done by, or in relation to a public officer authorised in that behalf by the Official
Trustee or under an enactment.

(6) For the purposes of subsection (5), a public officer is presumed to be so authorised unless
the contrary is shown. (7) In the performance of the functions of the office, the Official Trustee
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ic officer is presumed to be so authorised unless
the contrary is shown. (7) In the performance of the functions of the office, the Official Trustee
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(a) may seek the services of a person who is not a public officer, and
(b) may make appropriate payments for the services of that person. Section 2—Powers of the High Court
(1) A person aggrieved by an act done by the Official Trustee in the performance of a function
under this Act may appeal to the High Court, which shall make an appropriate order. (2) Where a person refuses or fails to comply with a requirement made by the Official Trustee
under this Act, the Official Trustee may apply to the High Court, and the Court may order the
requirement to be carried out. (3) The Official Trustee may, where in doubt as to a matter arising in connection with the
performance of a function under this Act, apply to the High Court for directions. Section 3—Insolvent estates Fund
(1) There is hereby established a public fund to be known as the Insolvent estates fund, to
which shall be credited the sums of money received by the Official Trustee under this Act and
to which the Official Trustee shall debit the sums of money disbursed under this Act.

ums of money received by the Official Trustee under this Act and
to which the Official Trustee shall debit the sums of money disbursed under this Act.

(2) There is hereby established an account within the insolvent estates fund to which shall be
credited the sums of money received by the Official Trustee by way of fees and any other
charges. (3) The payments required or authorised by this Act to be met out of the insolvent estates fund
are hereby charged on that Fund. Section 4—Insolvency register
(1) The Official Trustee shall make and keep an insolvency register, in respect of a debtor in
relation to whom a protection order is made.

y register
(1) The Official Trustee shall make and keep an insolvency register, in respect of a debtor in
relation to whom a protection order is made.

(2) The Official Trustee shall record in the register within seven days, as it becomes available,
(a) the name and address of the debtor, the previous names of the debtor, and a change in the
debtor's name or address which is notified to the Official Trustee;
(b) the date of the making of the protection order;
(c) the date on which the protection order ceases to have effect, and the reason for its ceasing
to have effect;
(d) where an insolvency order is made, the date of the making of the order, the date on which
the debtor is discharged and the date on which the insolvency proceedings are terminated;
(e) where the debtor is adjudged bankrupt, the date of the adjudication, the appointed discharge
date, and an alteration in that date;
(f) where a participation order is made, the date of the making of the order and where the
debtor's discharge is revoked by virtue of the order, a statement to that effect. (3) Where an administration order is made in respect of a deceased debtor, the Official Trustee
shall, within seven days, record in the insolvency register as it becomes available,
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r is made in respect of a deceased debtor, the Official Trustee
shall, within seven days, record in the insolvency register as it becomes available,
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(a) the name and last known address of the debtor, and the previous names of the debtor,
(b) the date of the making of the administration order, and
(c) the date of the termination of the administration. (4) The insolvency register shall be open, during working hours, for public inspection on
payment of the prescribed fee. (5) The Official Trustee shall, on an application made by a person in the prescribed form, and
on payment of the prescribed fee, provide copies of an entry in the insolvency register. Section 5—Notices in the Gazette
(1) Where an information is required to be recorded in the insolvency register, the Official
Trustee, in addition to recording the information in the register, shall publish the information
in the Gazette within fourteen days after it becomes available to the Official Trustee. (2) Within fourteen days after the end of each June and December, the Official Trustee shall
publish in the Gazette the names, including former names, and addresses of the bankrupts,
together with the dates on which they were adjudged bankrupt and their appointed discharge
dates.

luding former names, and addresses of the bankrupts,
together with the dates on which they were adjudged bankrupt and their appointed discharge
dates.

Section 6—Liability for default
(1) A liability does not attach to the Official Trustee in respect of a breach of a duty imposed
on the Official Trustee by or under this Act, and, except in so far as may result from an order
made under subsection (3) of section 42, a liability does not attach to the Republic in respect
of that breach. (2) Subsection (1) does not affect the institution against a public officer of criminal proceedings
or of disciplinary proceedings under the Civil Service Act, 1960 (C.A. 5). Section 7—Annual report
Within three months after the end of each December, the Official Trustee shall prepare and lay
before Parliament, a report giving details of the operation of this Act during the previous year. Insolvency proceedings
Petitions
Section 8—Commencement of proceedings
(1) Insolvency proceedings in respect of a debtor shall be initiated by the presentation of a
petition to the Official Trustee in the prescribed manner, and accompanied by the prescribed
fee, for the making of a protection order, enabling the debtor's assets to be conserved for the
protection of the creditors until the affairs of the debtor have been considered by the High
Court.

abling the debtor's assets to be conserved for the
protection of the creditors until the affairs of the debtor have been considered by the High
Court.

(2) A petition shall not be presented
(a) in respect of a body corporate, or
(b) in respect of two or more debtors except where the debts are owed by those debtors jointly. 7

be presented
(a) in respect of a body corporate, or
(b) in respect of two or more debtors except where the debts are owed by those debtors jointly. 7

(3) Where a petition is presented, the High Court may, on an application made by the Official
Trustee, restrain the institution or continuance of civil proceedings by or against the debtor. (4) Civil proceedings under subsection (3) do not include proceedings by a secured creditor for
the realisation of the security of the secured creditor. (5) A petition maybe withdrawn or amended, with the prior consent in writing of the Official
Trustee, before a protection order is made.

red creditor. (5) A petition maybe withdrawn or amended, with the prior consent in writing of the Official
Trustee, before a protection order is made.

Section 9—Creditor's petition
(1) A petition may be presented in respect of a debtor by any one or more of the creditors, if
the indebtedness of the debtor to the petitioner, or the petitioners collectively, in liquidated
sums of money payable immediately amounts to at least one hundred million cedis and if,
(a) the debtor has, within the preceding three months, suspended payment or given notice to a
creditor that the debtor has suspended, or is about to suspend, payment of the debts; or
(b) the sheriff has, within the preceeding three months, and in pursuance of a writ of fieri facias
issued in the Republic in respect of the debtor, taken possession of a property of the debtor and
sold the property or retained it for at least twenty-one days; or
(c) a creditor is entitled to proceed with the execution, by means of a writ of fieri facias issued
or issuable in the Republic, of a judgement or order obtained against the debtor not less than
seven days previously.

of a writ of fieri facias issued
or issuable in the Republic, of a judgement or order obtained against the debtor not less than
seven days previously.

(2) Where a petitioner is a secured creditor,
(a) the value and description of the security shall be specified in the petition; and
(b) for the purpose of applying the one hundred million cedis limit under subsection (1), the
amount of the secured debt shall be reduced by the value of the security as specified. Section 10—Debtor's petition
(1) A petition may be presented by a debtor in respect of the affairs of that debtor if the debtor
is insolvent and the indebtedness in liquidated sums of money payable immediately amounts
to at least one hundred million cedis. (2) Where an indebtedness referred to in subsection (1) is to a secured creditor then, unless the
total of the unsecured debts amounts to at least fifty million cedis in liquidated sums of money
payable immediately, the debtor shall specify in the petition the value and description of the
security. (3) For the purpose of applying the one hundred million cedis limit under subsection (1), the
amount of the secured debt shall be reduced by the value of the security as specified.

g the one hundred million cedis limit under subsection (1), the
amount of the secured debt shall be reduced by the value of the security as specified.

Section 11—Procedure on petitions
(1) A copy of a creditor's petition shall be served on the debtor by the petitioner two clear days
before the day on which it is presented. (2) After seven days have elapsed following the presentation of a petition, the Official Trustee
shall consider the petition and evidence in support of the petition together, in the case of a
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the presentation of a petition, the Official Trustee
shall consider the petition and evidence in support of the petition together, in the case of a
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creditor's petition, with the representations made by the debtor and evidence in support of the
petition. (3) Where a duly presented petition is not withdrawn the Official Trustee shall make a
protection order in respect of the petition. (4) The Official Trustee shall not make a protection order under subsection (3), if it appears
that, owing to payments by the debtor or other change of circumstances, the debtor's total
indebtedness in liquidated sums of money payable immediately, including indebtedness to
persons who are not parties to the petition, has, after deduction of the value of securities held
in respect of the indebtedness, fallen below one, hundred million cedis. (5) The Official Trustee
(a) may, where a petition was not duly presented or the indebtedness of the debtor has been
reduced,
(b) shall, if the petition has not been withdrawn,
give notice to the petitioner and, in the case of a creditor's petition, to the debtor that the petition
is dismissed. (6) Where two or more petitions are presented in respect of a debtor, a protection order made
on any of the petitions shall be deemed to have been made on all of them.

more petitions are presented in respect of a debtor, a protection order made
on any of the petitions shall be deemed to have been made on all of them.

(7) After a protection order is made a further petition shall not be presented in respect of the
debtor before the termination of the insolvency proceedings. Protection orders
Section 12—Effect of protection order
While a protection order has effect,
(a) existing and after-acquired property of the debtor shall vest in the Official Trustee in
accordance with sections 37 and 38, and shall be conserved in accordance with section 43;
(b) the debtor is subject to the duties and disabilities specified in sections 25, 26, 28 and 29;
(c) civil proceedings by or against the debtor shall not be instituted or continued without the
leave of the High Court. Section 13—Debtor's statement of affairs
(1) Within seven days after the making of a protection order, or a longer period which the
Official Trustee may allow, the debtor shall, lodge with the Official Trustee a statement of
affairs conforming to subsection (2), unless a statement of affairs has been lodged previously.

shall, lodge with the Official Trustee a statement of
affairs conforming to subsection (2), unless a statement of affairs has been lodged previously.

(2) The statement of affairs shall contain
(a) particulars of the debtor's existing and potential assets and of any other property in the
possession or control of the debtor,
(b) a list of creditors, showing the amounts and due dates of debts and particulars of securities
held,
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in the
possession or control of the debtor,
(b) a list of creditors, showing the amounts and due dates of debts and particulars of securities
held,
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(c) particulars of the debtor's transactions during a period which the Official Trustee may
specify,
(d) a statement of the reasons for the debtor's insolvency, unless the debtor denies the
insolvency, and
(e) any other additional information required by the Rules or by the Official Trustee. Section 14—Debtor's proposal for arrangement with creditors
Within seven days after the making of a protection order, or a longer period, which the Official
Trustee may allow, the debtor may make a proposal for an arrangement with creditors, and
lodge the details of the proposal with the Official Trustee.

Trustee may allow, the debtor may make a proposal for an arrangement with creditors, and
lodge the details of the proposal with the Official Trustee.

Section 15—Creditors' proof of debts
(1) In this Act "provable debt" means an obligation the value of which is capable of assessment
in money, being
(a) an obligation which, apart from this Act, would have been enforceable by the creditor
against the debtor at the date on which the protection order was made, or
(b) an existing or a future obligation, which, by reason of a transaction which took place before
the date on which the protection order was made might, apart from this Act, have become
enforceable by the creditor against the debtor after that date;
and references in this Act to the value of approvable debt are references to its value apart from
this Act on the date on which the protection order was made. (2) An existing or a future obligation referred to in paragraph (a) of subsection (1) does not
include an obligation unenforceable by virtue of a law relating to limitation of actions. (3) While a protection order has effect, a creditor may lodge with the Official Trustee a proof
of debts, in accordance with subsection (4).

actions. (3) While a protection order has effect, a creditor may lodge with the Official Trustee a proof
of debts, in accordance with subsection (4).

(4) A proof of debts shall be in two parts, the first part containing brief particulars of,
(a) the values and due dates of provable debts alleged by the creditor to be outstanding in favour
of the creditor against the debtor, and the nature and value of the securities held by the creditor
in respect of those debts,
(b) the values and due dates of the obligations outstanding the debtor's favour against the
creditor, being obligations which would be provable debts if a protection order had been made
against the creditor on the date on which the protection order was made against the debtor,
(c) the nature and value of securities held by the debtor in respect of the obligations mentioned
in paragraph (b), and
(d) the total values of the debts, obligations and securities;
and the second part containing details of the transactions from which the debts and obligations
arose. 10

es of the debts, obligations and securities;
and the second part containing details of the transactions from which the debts and obligations
arose. 10

(5) A copy of the first part of a proof of debts lodged under subsection (3) shall be given by the
Official Trustee to the debtor and to each creditor who is mentioned in the debtor's statement
of affairs or who, not being so mentioned, lodges a proof of debts. (6) Where the debtor knows or believes that the proof of debts is false in a material particular,
the debtor shall inform the Official Trustee of the falsity within fourteen days of the receipt of
the proof of debts. (7) The Official Trustee shall examine the proof of debts lodged under this section and if, after
considering the representations made by the debtor or any other creditor, it appears
(a) that an item is improperly included or a value is incorrectly stated, or
(b) that the proof of debts is otherwise incorrect,
the Official Trustee shall give notice of the objection to the creditor, who may lodge an
amended proof of debts within the period specified in the notice or the extended period that the
Official Trustee may allow. (8) Where it appears that a proof of debts is correct, the Official Trustee shall give notice to the
creditor admitting the proof of debts subject to verification under section 45.

oof of debts is correct, the Official Trustee shall give notice to the
creditor admitting the proof of debts subject to verification under section 45.

(9) Where the creditor fails to lodge an amended proof of debts or a further amended proof of
debts, within the period allowed under subsection (7), and the Official Trustee is still of the
opinion that the previous proof of debts is incorrect, the Official Trustee shall give notice to
the creditor of the rejection of the proof of debts. Section 16—First meeting of creditors
(1) The Official Trustee shall call a first meeting of creditors for a date not later than four weeks
after the publication of a protection order, and shall give a notice of the meeting which is
practicable to each creditor who is mentioned in the debtor's statement of affairs or who, if not
mentioned, has lodged a proof of debts. (2) Within seven days of giving the notice under subsection (1), the Official Trustee shall give
to each creditor a copy of the debtor's statement of affairs and of the proposals for an
arrangement with creditors lodged by the debtor together with the observations on the statement
that the Official Trustee may wish to make.

als for an
arrangement with creditors lodged by the debtor together with the observations on the statement
that the Official Trustee may wish to make.

(3) The Official Trustee shall put appropriate questions to the meeting, but where the debtor
has proposed an arrangement with creditors, the meeting shall be asked to approve or reject the
proposal. (4) An arrangement with creditors is not approved unless it has secured at least three-quarters
of the votes cast, which represent three-quarters of the total amount of moneys owed by the
debtor. (5) The meeting shall be closed not later than six weeks after the publication of the protection
order. (6) The Schedule shall apply in relation to the meeting. Judicial consideration
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later than six weeks after the publication of the protection
order. (6) The Schedule shall apply in relation to the meeting. Judicial consideration
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Section 17—Application to the High Court
(1) Within fourteen days after the closing of the first meeting of creditors, the Official Trustee
shall make an application for judicial consideration to the High Court, for the Court to consider
the debtor's affairs and give its decision as to the future course of the insolvency proceedings. (2) On an application for judicial consideration, the Court may make
(a) an insolvency order, or
(b) an order confirming an arrangement with creditors, or
(c) an order rescinding the protection order. (3) On the making of an order under subsection (2), the protection order shall cease to have
effect, but the debtor's assets shall remain vested in the Official Trustee except as otherwise
provided by section 50. Section 18—Hearing of application
(1) At the hearing of an application for judicial consideration, the debtor and a creditor who
has lodged a proof of debts may appear and be heard in person or by counsel, and the Official
Trustee shall submit to the High Court a report on the circumstances of the case.

ts may appear and be heard in person or by counsel, and the Official
Trustee shall submit to the High Court a report on the circumstances of the case.

(2) A copy of the report of the Official Trustee to the Court shall be served on a creditor who
has lodged a proof of debts two clear days before the hearing of the application under
subsection (1). (3) The Official Trustee's report shall include, together with any other information which may
assist the Court, a statement of
(a) the grounds on which the protection order was made,
(b) the assets of the debtor which have become vested in the Official Trustee,
(c) the liabilities of the debtor,
(d) the conduct of the debtor before and since the presentation of the petition, and
(e) the decisions taken at the first meeting of creditors. (4) The Official Trustee and any other person entitled to appear may adduce oral or written
evidence and cross-examine a witness called before the Court. (5) The Official Trustee shall give the assistance that the Court may require for the Court to
reach a conclusion.

a witness called before the Court. (5) The Official Trustee shall give the assistance that the Court may require for the Court to
reach a conclusion.

Section 19—Insolvency order
(1) The High Court shall make an insolvency order where it does not, under section 20 or 21,
confirm an arrangement with creditors or rescind the protection order
(2) Where an insolvency order is made, the Official Trustee shall proceed to realise and
distribute the debtor's assets in accordance with sections 37 to 56. (3) While the insolvency order has effect,
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rustee shall proceed to realise and
distribute the debtor's assets in accordance with sections 37 to 56. (3) While the insolvency order has effect,
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(a) the debtor is subject to the duties and disabilities specified in sections 25 to 29; and
(b) civil proceedings by or against the debtor shall not be instituted or continued without the
leave of the Court. Section 20—Confirmation of arrangement with creditors
(1) Where an arrangement with creditors was approved by the first meeting of creditors and it
does not appear that grounds for bankruptcy exist or that it is likely that they exist, the High
Court shall make an order confirming the arrangement if,
(a) its terms are fair and reasonable,
(b) it provides for an order of priority of payments corresponding to that laid down by section
54, and
(c) it provides for payment in full of the fees and outgoings due to the Official Trustee in respect
of the insolvency proceedings. (2) Where the conditions specified in paragraphs (a) to (c) of subsection (1) are not satisfied,
the Court may adjourn the hearing of the application for judicial consideration and direct the
first meeting of creditors to be reopened with a view to the submission by the debtor of
proposals for a modified arrangement.

deration and direct the
first meeting of creditors to be reopened with a view to the submission by the debtor of
proposals for a modified arrangement.

(3) On confirmation by the Court, an arrangement with creditors in respect of every provable
debt owed by the debtor, becomes binding on the debtor and on each creditor who was entitled
to lodge a proof of debts, whether or not that creditor voted in favour of the arrangement. (4) The Official Trustee shall supervise the carrying into effect of an arrangement with creditors
confirmed by the Court; and the Court may, on the application of the Official Trustee or a
person interested, give the directions that may be expedient for carrying it into effect. (5) Where it appears to the Court, on the application of the Official Trustee or a person
interested,
(a) that default has been made in carrying into effect an arrangement with creditors confirmed
by the Court, or
(b) that for a reason it is impracticable or would be unjust to proceed with the arrangement, or
(c) that confirmation of the arrangement was procured by fraud,
the Court may annul the arrangement but without prejudice to anything previously done under
the arrangement.

of the arrangement was procured by fraud,
the Court may annul the arrangement but without prejudice to anything previously done under
the arrangement.

(6) Where an arrangement is annulled, the Court may make a protection order against the
debtor, and this Act shall apply as if the protection order had been then made by the Official
Trustee on a creditor's petition. Section 21—Rescission of protection order
(1) The High Court shall rescind the protection order if it appears,
(a) that having regard to new evidence and to the circumstances generally, the order should not
have been made; or
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protection order if it appears,
(a) that having regard to new evidence and to the circumstances generally, the order should not
have been made; or
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(b) that due to payments made on behalf of the debtor or other change or circumstances,
payment in full has been achieved. (2) On information given by the Official Trustee that the assets vested in the Official Trustee
are likely to be sufficient to provide for payment in full, the Court may
(a) adjourn the hearing of the application for judicial consideration, and
(b) authorise the Official Trustee to realise and distribute the assets as if an insolvency order
had been made. (3) Where the hearing is adjourned under subsection (2), the Official Trustee shall apply to the
High Court for the hearing to be resumed,
(a) when payment in full has been achieved, or
(b) if at any time it appears to the Official Trustee that the assets are not sufficient to provide
for payment in full;
and where it is satisfied that payment in full has been achieved the Court shall rescind the
protection order.

ficient to provide
for payment in full;
and where it is satisfied that payment in full has been achieved the Court shall rescind the
protection order.

Bankruptcy
Section 22—Public examination of debtor
(1) Where, at the time when an insolvency order is made, or on an application made by the
Official Trustee at a subsequent time before the debtor's discharge from the insolvency order,
it appears to the High Court that grounds for bankruptcy exist or that it is likely that they exist,
the Court shall direct the debtor to undergo an examination at a public sitting of the Court in
respect of the conduct and affairs of the debtor. (2) Subject to section 8 of the Oaths Decree, 1972, (NRCD 6) (by which a person is permitted
to give evidence on affirmation in certain cases), the debtor shall be examined on oath and shall
answer the questions put by the Court or allowed by the Court to be put to the debtor by or on
behalf of the Official Trustee or a creditor who has lodged a proof of debts. (3) A transcript of the examination shall be made and read to or by the debtor and signed by
the debtor; and the transcript may be used as in any subsequent civil or criminal proceedings
affecting the debtor, whether instituted under this Act or not.

tor; and the transcript may be used as in any subsequent civil or criminal proceedings
affecting the debtor, whether instituted under this Act or not.

Section 23—Adjudication of bankruptcy
(1) Where a public examination is held under section 22, the High Court shall make an order
adjudging the debtor a bankrupt if one or more of the following have been established, namely,
(a) that for an aggregate period of twelve months within the three years preceding the making
of the protection order; the debtor continued to carry on the trade or business of the debtor in
the knowledge that the debtor was insolvent;
(b) that the debtor contributed to the insolvency by rash speculations or culpable neglect of the
business affairs of the debtor, or by gambling or extravagance;
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ebtor contributed to the insolvency by rash speculations or culpable neglect of the
business affairs of the debtor, or by gambling or extravagance;
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(c) that a provable debt was contracted by the debtor with the intention that it should not be
met or without a reasonable expectation of being able to meet it;
(d) that the debtor has failed to account satisfactorily for assets of the debtor which have
disappeared since the date of the making of the protection order or during the year previous to
that date;
(e) that the debtor has persistently and without adequate excuse failed to carry out the duties of
the debtor in the insolvency proceedings;
(f) that the debtor is a former bankrupt;
(g) that within the preceding three years the debtor has been convicted of an offence involving
dishonesty in relation to property and has been sentenced to a term of imprisonment of not less
than three months;
(h) that within the preceding three years the debtor has been convicted of an offence under
section 7 or 8 of the Registration of Business Names Act, 1962 (Act, 151).Repealed by s.78 of
Insolvency Act, 2006 (Act 708)
(2) The order shall specify a date, at least two years after the making of the order, for the
discharge of the bankrupt.

nsolvency Act, 2006 (Act 708)
(2) The order shall specify a date, at least two years after the making of the order, for the
discharge of the bankrupt.

(3) Where the Court has directed the debtor to undergo a public examination under section 22,
but the examination cannot be held because the debtor has absconded, or is medically unfit to
appear, or for any other sufficient reason, the Court may proceed under this section as if the
examination had been held. Section 24—Additional duties and disabilities of bankrupt
(1) In addition to the duties and disabilities imposed on a bankrupt by virtue of an insolvency
order made against the bankrupt, the bankrupt shall not
(a) carry on, or take part in the management or direction of, a trade or business,
(b) operate an account with a bank, or any other financial institution,
(c) obtain credit exceeding ten million cedis, or
(d) enter into a hire-purchase agreement,
except with the prior consent in writing of the Official Trustee and in accordance with the
directions that may be given to the bankrupt by the Official Trustee.

the prior consent in writing of the Official Trustee and in accordance with the
directions that may be given to the bankrupt by the Official Trustee.

(2) A bankrupt shall, in the form approved by the Official Trustee,
(a) keep a record of the income, expenditure and any other financial dealings of the bankrupt,
and
(b) lodge with the Official Trustee at intervals of not more than four months an income and
expenditure account. (3) For the purposes of paragraph (d) of subsection (1), "hire-purchase agreement" means an
agreement by which a person agrees to bail goods to a bailee on the terms that the property in
the goods may or will pass to the bailee after payment of two or more instalments. 15

rees to bail goods to a bailee on the terms that the property in
the goods may or will pass to the bailee after payment of two or more instalments. 15

General duties and disabilities of debtor
Section 25—Duty to co-operate with Official Trustee
(1) In addition to the specific duties imposed on the debtor, by or under this Act, the debtor
shall, during the period between the making of a protection order and the termination of the
insolvency proceedings, comply within seven days with a direction given by the Official
Trustee in connection with the debtor's affairs. (2) During the period specified in subsection (1), the debtor
(a) shall attend every meeting of creditors called by the Official Trustee and give the
information to the meeting that may be required by the Official Trustee;
(b) shall, within seven days, give notice to the Official Trustee of a change in the name or
address of the debtor;
(c) shall not destroy, alter, conceal or dispose of an account book or any other record of the
financial affairs of the debtor. Section 26—Duty to disclose after-acquired property
(1) The debtor shall, on becoming entitled to an after-acquired property, give notice of that
property to the Official Trustee.

fter-acquired property
(1) The debtor shall, on becoming entitled to an after-acquired property, give notice of that
property to the Official Trustee.

(2) For the purposes of subsection (1), "after-acquired property" includes movable and
immovable property, and income, which becomes, or but for this Act would become, vested in
the debtor during the period between the making of the protection order and the discharge of
the debtor or earlier termination of the insolvency proceedings. Section 27—Duty of disclosure when obtaining credit
Where a bankrupt or any other debtor who has not been discharged intends, whether personally
or jointly with another person to obtain credit exceeding, ten million cedis from a person, the
debtor shall disclose to that person, before seeking to obtain the credit, that the bankrupt or any
other debtor is a bankrupt or is undischarged from an insolvency order.

to that person, before seeking to obtain the credit, that the bankrupt or any
other debtor is a bankrupt or is undischarged from an insolvency order.

Section 28—Liability to arrest and seizure of property
(1) Where insolvency proceedings are in progress against a debtor, and it appears to the High
Court that the proceedings are or may be impeded because the debtor,
(a) has absconded, or is likely to do so,
(b) has removed, concealed, destroyed or damaged any property, or is likely to do so, or
(c) is likely to fail to attend as required before the Court, the Official Trustee or a meeting of
creditors,
the Court may, without prejudice to its powers in relation to contempt of court, issue a warrant
for the arrest of the debtor, or the seizure of the property in question, or for both the arrest and
the seizure. (2) Where a warrant of arrest is issued under subsection (1), the provisions of the Criminal
Procedure Act, 1960 (Act 30) relating to arrest shall apply in the same way as they apply to the
16

der subsection (1), the provisions of the Criminal
Procedure Act, 1960 (Act 30) relating to arrest shall apply in the same way as they apply to the
16

arrest for a criminal offence; and a debtor arrested under that warrant may, for the purposes of
the insolvency proceedings, be conveyed in custody to a hearing by the Court or the Official
Trustee, or to a meeting of creditors. (3) Property seized under subsection (1) shall be dealt with as the Court may direct, but property
which does not belong to the debtor and is not likely to be subject to the powers of the Official
Trustee under sections 37 to 56 shall be returned to its owner within twenty eight days. Section 29—Liability to interception of letters
(1) Where, during the period between the making of a protection order and the termination of
the insolvency proceedings, it appears to the High Court that the proceedings may be impeded
unless the Official Trustee is enabled to inspect the debtor's incoming correspondence, the
Court may make an order directed to the Minister responsible for Communications requiring
the Minister to cause a postal article or any other article in print or electronic or any other form
in course of transmission to the debtor during the period, not exceeding six months, specified
in the order, to be readdressed to the Official Trustee.

n course of transmission to the debtor during the period, not exceeding six months, specified
in the order, to be readdressed to the Official Trustee.

(2) Subsection (1) is subject to the operation of clause (2) of article 18 of the Constitution. (3) After taking the copies and retaining the articles that the Official Trustee considers
expedient for the purposes of the proceedings, the Official Trustee shall transmit the remaining
articles to the debtor within seven days. Discharge
Section 30—Date of discharge
(1) The date of discharge from an insolvency order of a debtor who is not a bankrupt shall be
the earliest of the following dates, namely,
(a) the date two years after the insolvency order was made;
(b) the date on which payment in full is achieved;
(c) the date specified in a proposal for additional payment approved by the High Court Under
section 31. (2) The date of discharge from an insolvency order and from bankruptcy of a debtor who is a
bankrupt shall be the date fixed under section 23 at the time when the debtor was adjudged
bankrupt, or if that date has been altered by the Court under section 31 or 32 shall be the date
as altered. (3) The date which will be the date of discharge unless an event occurs to alter it, is in this Act
referred to as the appointed discharge date.

ered. (3) The date which will be the date of discharge unless an event occurs to alter it, is in this Act
referred to as the appointed discharge date.

Section 31—Earlier discharge where additional payment made
(1) Where before the appointed discharge date of a bankrupt or any other debtor,
(a) a person other than the debtor gives notice to the Official Trustee of a proposal to pay to
the Official Trustee a sum of money specified in the notice for distribution to the creditors if
the debtor's discharge is fixed for an earlier date specified in the notice, in this section referred
to as the specified date, and
17

he creditors if
the debtor's discharge is fixed for an earlier date specified in the notice, in this section referred
to as the specified date, and
17

(b) it appears to the Official Trustee that the proposal is made in good faith and could be carried
out,
the Official Trustee shall call a meeting of creditors, to which the Schedule shall apply, and
shall report to the meeting the views of the Official Trustee on the proposal and also, if the
debtor is a bankrupt on the debtor's conduct since the debtor was adjudged a bankrupt together
with an account of any new facts which have since come to light as to the conduct and affairs
of the debtor before the debtor was adjudged bankrupt. (2) After hearing the Official Trustee's report and the observations made by or on behalf of the
debtor, the meeting shall vote on the proposal. (3) If the meeting approves the proposal the Official Trustee shall apply to the High Court for
its decision on the proposal and shall submit to the Court a report dealing with the matters
required to be dealt with in the report to the meeting and including the decision of the meeting.

ubmit to the Court a report dealing with the matters
required to be dealt with in the report to the meeting and including the decision of the meeting.

(4) Where the Court is satisfied that it would be proper to discharge the debtor on the specified
date it shall make an order,
(a) fixing that date as the appointed discharge date, and
(b) requiring the person making the proposal to pay the sum of money specified in the order to
the Official Trustee within the period specified in the order. (5) The specified date
(a) shall not be less than two months after the date on which notice of the proposal is given to
the Official Trustee, and
(b) in the case of a bankrupt shall not be less than two years after the date on which the bankrupt
was adjudged bankrupt;
and the Official Trustee shall carry out the requirements of this section in sufficient time to
enable the Court to give its decision before the specified date. (6) A sum of money paid under this section is, for the purposes of this section, paid by way of
gift to the debtor unless the proposal states that it is to be paid by way of loan.

this section is, for the purposes of this section, paid by way of
gift to the debtor unless the proposal states that it is to be paid by way of loan.

Section 32—Alteration of bankrupt's discharge date
(1) Where, before the appointed discharge date of a bankrupt, it appears to the Official Trustee
that the date shall be altered to an earlier or later date by reason of,
(a) the conduct of the bankrupt since the bankrupt was adjudged a bankrupt, or
(b) new facts which have come to light as to the conduct or affairs before the bankrupt was so
adjudged,
the Official Trustee shall call a meeting of creditors, to which the Schedule shall apply, and
shall report to the meeting the view of the Official Trustee as to the appropriate new discharge
date and as to the debtor's conduct since the debtor was adjudged a bankrupt, together with an
account of the new facts. 18

appropriate new discharge
date and as to the debtor's conduct since the debtor was adjudged a bankrupt, together with an
account of the new facts. 18

(2) After hearing the Official Trustee's report and the observations made by or on behalf of the
debtor, the meeting shall vote on whether the discharge date should be altered and if so what
the new date should be. (3) Where after the meeting the Official Trustee remains of the opinion that the discharge date
should be altered, the Official Trustee shall apply to the High Court for its decision, and shall
submit to the Court a report dealing with the matters required to be dealt with in the report to
the meeting, including the decision of the meeting. (4) Where the Court is satisfied that the date should be altered, it shall make an order fixing as
the appointed discharge date a new date it considers appropriate. (5) The same meeting of creditors may, at the instance of the Official Trustee, consider a
proposal made under section 31 and matters brought before it under this section, and the Court
may deal in the same proceedings with applications under section 31 and under this section.

atters brought before it under this section, and the Court
may deal in the same proceedings with applications under section 31 and under this section.

Section 33—Certificate of discharge
A bankrupt or any other debtor is discharged on the arrival of the appointed discharge date of
the bankrupt or the other debtor, and the Official Trustee shall issue a certificate of discharge
within seven days to the bankrupt or the debtor. Section 34—Effect of discharge
(1) The discharge of a bankrupt or any other debtor
(a) shall release that person from the provable debts whether or not included in a proof of debts,
and
(b) shall relieve that person for the future from the duties and liabilities under sections 24, 26
and 27. (2) The discharge of a bankrupt or any other debtor
(a) shall not release a person who at the date when the insolvency order was made was a partner
or co-trustee of the bankrupt or the debtor, or was jointly bound with the bankrupt or the debtor
under a contract or otherwise, or was a surety or in the nature of a surety for the bankrupt or
the debtor, and
(b) shall not bring the insolvency proceedings to an end.

otherwise, or was a surety or in the nature of a surety for the bankrupt or
the debtor, and
(b) shall not bring the insolvency proceedings to an end.

Termination of proceedings
Section 35—When proceedings come to an end
(1) Where an insolvency order is not made, insolvency proceedings shall come to an end on
(a) the withdrawal or dismissal of the petition by which the proceedings were initiated, or
(b) the confirmation of an arrangement with creditors under section 20, or
(c) the rescission of the protection order under section 21 . (2) Where an insolvency order is made the insolvency proceedings shall come to an end on the
making by the High Court of an order under section 36. 19

(2) Where an insolvency order is made the insolvency proceedings shall come to an end on the
making by the High Court of an order under section 36. 19

Section 36—Order terminating proceedings
(1) Where a bankrupt or any other debtor is discharged, and,
(a) the Official Trustee has completed the distribution of the debtor's assets under sections 37
to 56, and
(b) the Official Trustee's final accounts in the insolvency have been drawn up, and have been
passed by the Auditor-General,
the Official Trustee shall apply to the High Court for an order terminating the insolvency
proceedings. (2) The Official Trustee shall give notice of the application, together with a summary of the
final accounts, to the debtor and to every creditor with an admitted proof. (3) The Court shall grant the application if satisfied that it is duly made. Administration of debtor's property
Assets passing to Official Trustee
Section 37—Vesting on making of protection order
(1) On and by virtue of the making of a protection order, the movable and immovable property
vested in the debtor immediately before the order was made, shall vest in the Official Trustee
to the same extent, and, subject to subsection (3), with the same incidents.

immediately before the order was made, shall vest in the Official Trustee
to the same extent, and, subject to subsection (3), with the same incidents.

(2) The property in the possession of the debtor at any time within six months before the
protection order was made shall be presumed to be vested in the debtor unless the contrary is
shown. (3) Property which has become vested in the Official Trustee under this section shall not be
subject to attachment, distress or any other proceedings for the enforcement of an obligation
against the debtor, whether founded on a judgement or not. (4) Subsection (3) does not apply to proceedings for the enforcement of a security. Section 38—After-acquired property
(1) The Official Trustee shall bring about the vesting in the Official Trustee to the same extent
and, subject to subsection (3), with the same incidents, of the after-acquired property of the
debtor except property exempted by subsection (2) or as determined by the Official Trustee.

the same incidents, of the after-acquired property of the
debtor except property exempted by subsection (2) or as determined by the Official Trustee.

(2) The following after-acquired property shall he exempted, namely,
(a) property necessary for the reasonable current maintenance of the debtor, the spouse and
children of the debtor;
(b) money paid or payable to the debtor, as compensation for the diminished earning capacity
of the debtor, by way of damages for personal injury or other lump sum;
(c) money paid or payable to the debtor by way of loan;
(d) movable property bought by the debtor and not paid for in full;
20

jury or other lump sum;
(c) money paid or payable to the debtor by way of loan;
(d) movable property bought by the debtor and not paid for in full;
20

(e) property in which a property mentioned in paragraph (b), (c) or (d) has been directly or
indirectly invested, or which otherwise represents that property:
(3) Property which has become vested in the Official Trustee under this section are not subject
to attachment, distress or any other proceedings for the enforcement of an obligation against
the debtor, whether founded on a judgement or not. (4) Subsection (3) does not apply to proceedings for the enforcement of a security. (5) Where the debtor has, with respect to after-acquired property which is not exempted,
entered into a transaction by which the whole or a part of the value of the properly is lost to the
creditors, the Official Trustee may apply to the High Court for an order setting aside the
transaction and requiring the property or its value, or that part of the property that was lost to
the creditors, to be transferred to the Official Trustee.

ction and requiring the property or its value, or that part of the property that was lost to
the creditors, to be transferred to the Official Trustee.

(6) The Official Trustee may give notice to an employer, a banker or any other person who but
for this section would be under an obligation to transfer after-acquired property which is not
exempted to, or to the order of, the debtor to transfer the property instead to the Official Trustee,
whose receipt shall be a sufficient discharge. (7) A person who fails to comply with a notice under subsection (6) shall pay to the Official
Trustee a sum of money necessary to make good a loss to the creditors arising from the failure.

notice under subsection (6) shall pay to the Official
Trustee a sum of money necessary to make good a loss to the creditors arising from the failure.

Section 39—Repayments by preferred creditors
(1) Where, between the making of an insolvency order and the debtor's discharge, it appears to
the Official Trustee that, during the six months ending with the making of the protection order
and at a time when the debtor was insolvent, the debtor
(a) made a payment or any other transfer of property, or
(b) created a mortgage or any other charge, or suffered a judgement or incurred any other
obligation,
with the dominant intent that any of the creditors of the debtor should benefit at the expense of
others, the Official Trustee shall give notice to the creditor so preferred requiring that creditor,
within the period specified in the notice, to restore to the Official Trustee, whether by payment
of money, transfer of property or surrender of rights, the benefit which has accrued to the
creditor by reason of that preferment.

whether by payment
of money, transfer of property or surrender of rights, the benefit which has accrued to the
creditor by reason of that preferment.

(2) Where an insolvency order is made against a debtor, a person who, during the relevant
period, received a payment of money, or any other transfer of property, in respect of a debt
owed to that person by the debtor, shall, on receipt of a notice given in that behalf by the
Official Trustee, restore the property or its value to the Official Trustee. (3) Subsection (2) does not apply to a payment or any other transfer of property,
(a) made by the debtor to the debtor's banker, in so far as it has been subsequently disbursed
by the banker in meeting cheques drawn by the debtor;
(b) made in respect of a debt incurred during the relevant period;
(c) made in respect of a secured debt; or
21

n meeting cheques drawn by the debtor;
(b) made in respect of a debt incurred during the relevant period;
(c) made in respect of a secured debt; or
21

(d) made on the enforcement against a third party of a guarantee or indemnity, or of a mortgage,
charge or lien on that party's property. (4) Where an insolvency order is made against a debtor, the property in the possession of the
sheriff at the time of the making of the protection order, being property of which possession
was taken under an execution issued by a creditor of the debtor or the proceeds of that property,
shall, after deduction of the sheriffs and bailiff’s charges in the execution, be transferred to the
Official Trustee. (5) Where a person complies with a notice given under subsection (1) or (2), that person may,
within one month after the notice was given, lodge a proof of debts, or require the Official
Trustee to amend that proof, so as to enable the debt in respect of which the notice was given
to rank for dividend at the value which is appropriate in view of the compliance.

f, so as to enable the debt in respect of which the notice was given
to rank for dividend at the value which is appropriate in view of the compliance.

(6) For the purposes of this section, "relevant period" means the period beginning twenty-one
days before the presentation of the petition on which the protection order was made, or, if the
protection order was made on two or more petitions, before the presentation of the first petition,
and ending with the making of the protection order.

protection order was made on two or more petitions, before the presentation of the first petition,
and ending with the making of the protection order.

Section 40—Repayment of gifts
(1) Where, between the making of an insolvency order and the debtor's discharge, it appears to
the Official Trustee that the debtor made a disposition of the debtor's property otherwise than
for full value or in settlement of a due debt, or incurred an obligation otherwise than for full
value, and was not made for the purpose of defeating creditors,
(a) during the two years ending with the making of the protection order, or
(b) more than two years but less than ten years before the making of the protection order and
at a time when the debtor was insolvent,
the Official Trustee shall give notice to the person to whom the disposition was made or for
whose benefit the obligation was incurred requiring that person within the period specified in
the notice, to restore to the Official Trustee, whether by payment of money, transfer of property
or surrender of rights, the excess of the benefit which had accrued to that person above the
value of the consideration provided. (2) Excess benefit restored under subsection (1) shall be treated as a provable debt in respect
of which a proof of debts may be lodged within one month after it was restored.

ed under subsection (1) shall be treated as a provable debt in respect
of which a proof of debts may be lodged within one month after it was restored.

(3) This section does not apply to a disposition made in consideration of marriage unless the
High Court is of the opinion that the disposition was made for the purpose of defeating
creditors. Section 41—Repayments by money-lenders
(1) Where it appears to the Official Trustee that, during the ten years ending with the making
of the protection order, a sum of money was paid or allowed by the debtor, the Official Trustee
may give notice to the lender requiring the lender, within the period specified in the notice, to
make a similar repayment to the Official Trustee. (2) Subsection (1) is applicable
22

uiring the lender, within the period specified in the notice, to
make a similar repayment to the Official Trustee. (2) Subsection (1) is applicable
22

(a) at any time between the making of an insolvency order and the debtor's discharge, and
(b) in respect of a loan in circumstances which the High Court would have ordered the lender
to make repayment to the debtor, if proceedings had been brought under the applicable law. Section 42—Sums to be credited to debtor's official account
(1) The Official Trustee shall open a debtor's official account, with in the insolvent estates fund
for each debtor in respect of whom a protection order is made. (2) The Official Trustee shall credit the debtor's official account with
(a) the moneys received by the Official Trustee in respect of the debtor by virtue of sections 37
to 41,
(b) the payments made to the Official Trustee in respect of the debtor under an order for early
discharge made under section 31 or otherwise for the purpose of increasing the assets available
for dividend, and
(c) the repayments in respect of excess dividends made under subsection (2) of section 54.

urpose of increasing the assets available
for dividend, and
(c) the repayments in respect of excess dividends made under subsection (2) of section 54.

(3) Where on the application of the debtor or a creditor, it appears to the High Court before the
termination of the insolvency proceedings that assets have been lost to the estate by reason of
a default by the Official Trustee, the Court may order that the debtor's official account be
credited with the sum of money that may appear to the Court to be just, and that an equivalent
sum of money be debited to the fees account.

account be
credited with the sum of money that may appear to the Court to be just, and that an equivalent
sum of money be debited to the fees account.

General functions of Official Trustee
Section 43—Duty to protect assets
(1) On the making of a protection order the Official Trustee
(a) shall take possession of the property which has passed to the Official Trustee under section
37;
(b) shall take the steps that are expedient to procure, in relation to stocks and shares and any
other property transferable in the books of a body corporate or any other person which have
passed to the Official Trustee under section 37, the transfer of the property into the name of the
Official Trustee;
(c) shall make the arrangements that are expedient to secure the carrying on of a trade or
business the continuance of which would be likely to benefit the creditors;
(d) shall secure the payment to the Official Trustee or any other discharge of the debts and any
other obligations, the right to which has passed to the Official Trustee under section 37;
(e) shall take any other steps that are expedient to ensure the protection of the debtor's assets
for the benefit of the creditors.

under section 37;
(e) shall take any other steps that are expedient to ensure the protection of the debtor's assets
for the benefit of the creditors.

(2) Until an insolvency order is made the Official Trustee shall not dispose of, or encumber, a
property, otherwise than in the course of a trade or business, without the consent of the debtor
or the authority of the High Count. 23

or encumber, a
property, otherwise than in the course of a trade or business, without the consent of the debtor
or the authority of the High Count. 23

(3) A restriction on the transferability of the property as is mentioned in paragraph (b) of
subsection (1) of this section is not operative in the case of a transfer to the Official Trustee. (4) The Official Trustee may, on suspecting that property is concealed, offer a reward, to a
person who is not the debtor personally, who produces the property or gives information
leading to its discovery. (5) The reward shall not exceed one-twentieth of the value of the property recovered by the
action of that person. Section 44—Duty to realise assets
(1) On the making of an insolvency order the Official Trustee shall realise as soon as practicable
the assets not held as cash by the means and for the return that will produce for distribution to
the creditors sums of money representing the full value of the assets. (2) Subsection (1) does not require the realisation of an asset which cannot be readily or
advantageously disposed of. Section 45—Duty to verify debts ranking for dividend
(1) On the making of an insolvency order the Official Trustee shall take the steps that are
practicable to verify the correctness of every admitted proof.

On the making of an insolvency order the Official Trustee shall take the steps that are
practicable to verify the correctness of every admitted proof.

(2) Where an insolvency order is made, and the creditor's obligations that are mentioned in
paragraph (b) of subsection (3 ) of section 15 are included in the creditor's admitted proof,
(a) the obligations are cancelled on the making of the insolvency order, and the values of the
debts shall be proportionally reduced, in a case where the total value of the obligations as shown
in the proof is less than the total value of debts owed to the creditor as shown;
(b) the obligations are proportionally reduced on the making of the insolvency order by the
total value of the debts in any other case, and the proof shall be expunged. (3) The Official Trustee may give notice to a creditor holding a security that, if the security is
not realised within the period specified in the notice, which shall not be less than six months,
it will be treated as surrendered. (4) All securities are held subject to a judicial order. (5) Subject to sections 31 to 56, a debt shall rank for dividend at any time if, but only if, it is at
that time included in an admitted proof; and the value of the debt shall be taken to be the value
shown at that time in the proof.

t only if, it is at
that time included in an admitted proof; and the value of the debt shall be taken to be the value
shown at that time in the proof.

Section 46—Duty to amend admitted proofs
(1) Where the value of a debtor security included in an admitted proof has changed otherwise
than in respect of interest accruing after the protection order was made, the proof is subject to
amendment for the purpose of altering the value shown in the proof to give effect to the change. (2) Where a debtor security is incorrectly included in an admitted proof, or the value of a debtor
security at the date of the making of the protection order is incorrectly stated, the proof is
subject to amendment for the purpose of rectifying the incorrectness. 24

ate of the making of the protection order is incorrectly stated, the proof is
subject to amendment for the purpose of rectifying the incorrectness. 24

(3) Where a creditor desires to withdraw a claim to the whole or a part of a debt included in an
admitted proof, the proof is subject to amendment for the purpose of deleting the debt or
reducing its value accordingly. (4) Where an admitted proof is subject to amendment under this section,
(a) the Official Trustee may, except in the case of an amendment under subsection (3), give
notice to the creditor specifying the proposed amendment and inviting the creditor to consent
to it within the period specified in the notice; or
(b) the creditor may, if the Official Trustee has not given the creditor notice under paragraph
(a), give notice to the Official Trustee specifying the proposed amendment and, except in the
case of an amendment under subsection (3), inviting the Official Trustee to consent to it within
the period specified in the notice.

nd, except in the
case of an amendment under subsection (3), inviting the Official Trustee to consent to it within
the period specified in the notice.

(5) Where notice of a proposed amendment is given under subsection (4), the Official Trustee
shall amend the proof accordingly if
(a) the party to whom the notice is given consents to the amendment,
(b) consent is not given but, on an appeal by the creditor or on an application by the Official
Trustee, the High Court orders the amendment to be made, or
(c) the amendment is proposed by the creditor under subsection (3).

cation by the Official
Trustee, the High Court orders the amendment to be made, or
(c) the amendment is proposed by the creditor under subsection (3).

Section 47—Duty to ascertain priority of debts
(1) On the making of an insolvency order the Official Trustee shall, in relation to each debt
which ranks for dividend, ascertain into which of the following classes the whole or a part of
the debt falls:
Class A—A debt or part of a debt which answers either of the following descriptions, namely,
(a) remuneration not exceeding the official minimum wage prevailing at the time, owed to an
employee of the debtor, who is not a near relative, in respect of employment during the whole
or a part of the four months preceding the making of the protection order; or
(b) rates, taxes or similar payments owed to the Republic or a local authority which have
become due and payable within the year preceding the making of the protection order. Class B—A debt or part of a debt which does not fall into any other class. Class C—A debt or part of a debt which does not fall within class D and is, or was at any time
within the year preceding the making of the protection order, owed to a near relative of the
debtor.

ot fall within class D and is, or was at any time
within the year preceding the making of the protection order, owed to a near relative of the
debtor.

Class D—A debt or part of a debt which answers either of the following descriptions, namely,
(a) excess benefit restored to the Official Trustee under section 40, or
(b) excess interest, that is, a portion of a debt which, whether it is stated to do so or not,
represents interest at a yearly rate in excess of seven per cent. (2) For the purposes of subsection (1), the following are near relatives of the debtor, namely,
25

erest at a yearly rate in excess of seven per cent. (2) For the purposes of subsection (1), the following are near relatives of the debtor, namely,
25

(a) the spouse, parents and issue of the debtor, and
(b) brothers, sisters, uncles, aunts, nephews and nieces of the debtor, whether of the whole or
the half blood. Section 48—Duty to consult creditors
(1) Subject to this Act, the Official Trustee,
(a) shall report to the creditors, at intervals not greater than six months, on the progress of the
insolvency proceedings;
(b) shall consult the creditors on a matter arising in the proceedings which substantially affects
their interests; and
(c) shall give effect, so far as may be practicable, to the views expressed by the creditors in
relation to the realisation and distribution of assets. (2) For the purpose of complying with subsection (1), the Official Trustee may call a meeting
of creditors at any time, and shall call a meeting if required to do so by a notice in writing
signed by creditors whose votes exceed one-fifth of the total number of votes which could be
cast at the meeting. (3) The Schedule shall apply in relation to a meeting of creditors called under this section.

otal number of votes which could be
cast at the meeting. (3) The Schedule shall apply in relation to a meeting of creditors called under this section.

Section 49—Enquiries by the High Court
(1) Where the Official Trustee is of the opinion that it is necessary, in order to enable the
Official Trustee to carry out a function in relation to a debtor, for the debtor, a creditor or any
other person to be brought before and examined by the High Court, the Official Trustee may
order the debtor, that creditor or that other person to attend for that purpose before the Court. (2) In proceedings under subsection (1), the Court
(a) may examine on oath or otherwise a person brought before it,
(b) may order the delivery up by that person of assets to which the Official Trustee is entitled
under this Act, and
(c) may make any other appropriate order. Assets passing from Official Trustee
Section 50—Cases where insolvency order not made
(1) Within fourteen days after an arrangement with creditors is confirmed under section 20, the
Official Trustee shall, unless the Official Trustee is to act as trustee under the arrangement,
transfer the property which has become vested in the Official Trustee under section 37 or 38 in
respect of the debtor to the person entitled to the property under the arrangement.

as become vested in the Official Trustee under section 37 or 38 in
respect of the debtor to the person entitled to the property under the arrangement.

(2) Within fourteen days after a protection order is rescinded under section 21, the Official
Trustee shall transfer the property which has become vested in the Official Trustee under
section 37 or 38 in respect of the debtor back to the debtor. 26

tee shall transfer the property which has become vested in the Official Trustee under
section 37 or 38 in respect of the debtor back to the debtor. 26

(3) Despite subsections (1) and (2), the Official Trustee is entitled to retain assets sufficient to
reimburse the Official Trustee for fees and outgoings due to the Official Trustee from the debtor
in respect of the insolvency proceedings. (4) This section does not apply to property which has already passed from the Official Trustee,
but applies to the proceeds of property which has been realised as it applies to property which
has been retained in its original form. Section 51—Disclaimer
(1) Within one year after a property has become vested in the Official Trustee under section
37, the Official Trustee, if of the opinion that the property will not be of benefit to the creditors,
may by notice published in the Gazette disclaim the property. (2) A person interested in property vested in the Official Trustee under section 37 may by
application in writing require the Official Trustee to elect whether to disclaim the property or
not to disclaim the property. (3) Subsection (2) does not apply where the Official Trustee fails to disclaim the property
within one month after the making of the application, or within a longer period that the High
Court may allow.

Trustee fails to disclaim the property
within one month after the making of the application, or within a longer period that the High
Court may allow.

(4) The Court may, on the application of a person interested, give a relief and make any other
appropriate provision in consequence of a disclaimer under this section. (5) Subject to an order made by the Court, the effect of a disclaimer is as follows:
(a) where the property consists of rights under a lease, share, contract or any other interest,
those rights or interests are void to the extent that the property affects the Official Trustee or
the debtor;
(b) where the property consists of the absolute ownership of land or chattels that ownership
shall revert to the debtor. Section 52—Fees and outgoings
(1) The Official Trustee is entitled to withdraw from the property of the debtor which has
become vested in the Official Trustee sums of money sufficient to satisfy the fees of the
prescribed amount charged in respect of the costs of the administration. (2) When fees become due to the Official Trustee in respect of a debtor, the Official Trustee
shall pay them by transferring the necessary sum of money from the debtor's official account
to the fees account.

ct of a debtor, the Official Trustee
shall pay them by transferring the necessary sum of money from the debtor's official account
to the fees account.

(3) When the rent, rates, charges or any other outgoings fall to be met by the Official Trustee
in respect of the debtor, the Official Trustee shall pay them out of the debtor's official account. Section 53—Return of personal effects to debtor
Within fourteen days after the debtor's property has vested in the Official Trustee under section
37, the Official Trustee shall restore to the debtor any of the following that the debtor may
select, which is not of a total value exceeding five million cedis, namely,
(a) property used personally by the debtor for the purposes of the employment of the debtor, or
27

a total value exceeding five million cedis, namely,
(a) property used personally by the debtor for the purposes of the employment of the debtor, or
27

(b) furniture, clothing and any other household effects used by debtor or any of the dependents
of the debtor. Section 54—Dividends to creditors
(1) Subject to sections 52 and 53, the Official Trustee may as early as is practicable, declare
and distribute dividends to creditors in accordance with the following rules:
(a) provision shall be made for the payment in full of the class A debts before a dividend is
declared in respect of class B debts, and so on throughout the classes;
(b) the debts within one class shall rank at the same rate;
(c) payments shall be made only in respect of debts which rank for dividend and shall not
exceed the values of the debts;
(d) where a security held by a creditor has not yet been realised or surrendered, the value of the
debt against which the security is held shall be treated as reduced by the value of the security;
(e) interest shall not be allowed after the making of the protection order.

security is held shall be treated as reduced by the value of the security;
(e) interest shall not be allowed after the making of the protection order.

(2) Where a dividend is paid under this section in respect of a debt which is subsequently struck
out or reduced in value by an amendment of the admitted proof, the creditor shall repay to the
Official Trustee the difference between the amount of the dividend and the amount which, in
the light of the amendment, should have been paid. (3) Where a dividend is paid under this section in respect of a debt which is subsequently
increased in value by an amendment of the admitted proof, the Official Trustee shall, so far as
may be practicable without disturbing dividends already declared, pay to the creditor the
difference between the amount of the dividend and the amount of money which, in the light of
the amendment, should have been paid.

to the creditor the
difference between the amount of the dividend and the amount of money which, in the light of
the amendment, should have been paid.

(4) Where a creditor has omitted to lodge a proof of debts during the period allowed by this
Act, or has omitted a provable debt from that proof, the creditor may at any time during the
insolvency proceedings apply to the High Court for relief, and the Court, on the ground that
the omission was excusable, shall make an order requiring the Official Trustee, so far as may
be practicable without disturbing dividends already declared, to pay to the creditor the sums of
money that would have been payable to the creditor under this section if the omission had not
occurred. (5) Where, at the end of one year following the declaration of a dividend stated by the Official
Trustee to be the final dividend, the payments under that or a previous dividend remain
outstanding because the creditors in question cannot be found, the Official Trustee shall cancel
the payments and, unless payment in full has been achieved, shall declare a further dividend in
favour of the remainder of the creditors. (6) In the case of a final dividend, or a further dividend declared under subsection (5), payment
of less than ten thousand cedis shall not be made.

. (6) In the case of a final dividend, or a further dividend declared under subsection (5), payment
of less than ten thousand cedis shall not be made.

(7) Payments under this section shall be in money drawn from the debtor's official account. (8) For the purposes of subsection (7), property which has not been converted into money may
be transferred to a creditor in lieu of the equivalent amount of money if the creditor consents. 28

operty which has not been converted into money may
be transferred to a creditor in lieu of the equivalent amount of money if the creditor consents. 28

Section 55—Return of surplus assets to debtor
(1) Where, after provision has been made for the payments and transfers of property required
to be made under sections 52, 53, and 54, a balance remains in the debtor's official account, the
Official Trustee shall pay that balance to the debtor. (2) Where, after the provision that is referred to in subsection (1) has been made, the Official
Trustee retains property which has not been converted into money, the Official Trustee shall
transfer that property to the debtor. (3) Where the debtor cannot be found, the High Court may direct that balance to be transferred
to the fees account, and may give directions for the disposal of that property. Section 56—Payments to be made out of debtor's property
(1) A person is not entitled to a payment in respect of anything done by the Official Trustee in
relation to a debtor except out of a balance in the debtor's official account or out of assets
otherwise vested in the Official Trustee in respect of the debtor under this Part. (2) For the purposes of subsection (1), where in the proceedings cost are given against the
Official Trustee they shall be met out of the fees account.

2) For the purposes of subsection (1), where in the proceedings cost are given against the
Official Trustee they shall be met out of the fees account.

(3) During the continuance of insolvency proceedings, a person shall not be required, under a
contract entered into with the debtor before the protection order was made, to supply goods,
render services or otherwise perform an obligation unless that person has received an assurance
in writing from the Official Trustee that the debtor's estate is sufficient to enable the goods or
services to be paid for, or the performance of the obligation otherwise recompensed, in
accordance with the terms of the contract. (4) Despite subsection (1), where an assurance given under subsection (3) proves incorrect the
person to whom the assurance was given is entitled to be reimbursed out of the fees account,
or by the State.

nder subsection (3) proves incorrect the
person to whom the assurance was given is entitled to be reimbursed out of the fees account,
or by the State.

Arrangements with creditors apart from insolvency proceedings
Section 57—Arrangements to which sections 58 to 61 apply
This section and sections 58 to 61 apply to an arrangement with creditors made by an insolvent
debtor, whether in writing or orally,
(a) if the arrangement is made at a time when insolvency proceedings are not in progress against
the debtor, and
(b) if the debts subject to the arrangement amount to at least one hundred million cedis and
constitute the whole, or substantially the whole of the debtor's indebtedness at the time when
the arrangement is made. Section 58—Arrangements register
(1) The Official Trustee shall make and keep an arrangements register in which shall be
recorded the prescribed particulars of instruments lodged with the Official Trustee under
section 59. 29

ep an arrangements register in which shall be
recorded the prescribed particulars of instruments lodged with the Official Trustee under
section 59. 29

(2) Where the Official Trustee is satisfied that an arrangement recorded in the arrangements
register has been fully carried out, or has otherwise ceased to have effect, the Official Trustee
shall record the fact in the register. (3) The arrangements register and copies of instruments recorded in that register shall be open
during working hours for public inspection on payment of the prescribed fee. (4) On an application made by a person in the prescribed form, and on payment of the
prescribed fee, the Official Trustee shall provide copies of an entry in the arrangements register
or an instrument recorded in that register. Section 59—Arrangements voidable unless registered
(1) An arrangement to which a provision of sections 57 to 61 applies is voidable unless, within
fourteen days after the arrangement has become binding on the debtor, two copies of the
instrument embodying the arrangement, or, where the arrangement was oral, of an instrument
recording the details of the arrangement, have been lodged with the Official Trustee for entry
in the arrangements register.

as oral, of an instrument
recording the details of the arrangement, have been lodged with the Official Trustee for entry
in the arrangements register.

(2) Where, on an application by the Official Trustee or a person interested, it appears to the
High Court that an arrangement is voidable by virtue of subsection (1), the Court shall declare
the arrangement to have been void from the beginning, or from a later date that may appear
just, unless it considers that the failure to register was neither wilful nor negligent. (3) An arrangement which is voidable by virtue of subsection (1) shall not on that ground be
avoided otherwise than by the Court under subsection (2). (4) Where an arrangement is declared void under this section the Court may make a protection
order against the debtor and this Act shall apply as if the protection order had been then made
on a creditor's petition by the Official Trustee.

tion
order against the debtor and this Act shall apply as if the protection order had been then made
on a creditor's petition by the Official Trustee.

Section 60—Setting aside of arrangement
(1) Where, on the application of a person interested, it appears to the High Court, as respects
an arrangement to which a provision of sections 57 to 61 applies, and which is not an
arrangement subject to avoidance under section 59,
(a) that default has been made in carrying the arrangement into effect, or
(b) that for a reason it is impracticable or would be unjust to proceed with the arrangement,
the Court may set aside the arrangement but without prejudice to anything previously done
under the arrangement. (2) Where an arrangement is set aside under subsection (1), the Court may make a protection
order against the debtor, and this Act shall apply as if the protection order had been then made
on a creditor's petition by the Official Trustee. Section 61—Arrangement not to count as suspension of payments
Where an arrangement is duly registered under a provision of sections 57 to 61, neither the
arrangement itself nor an act done for the purpose of entering into the arrangement shall be
30

ed under a provision of sections 57 to 61, neither the
arrangement itself nor an act done for the purpose of entering into the arrangement shall be
30

treated as falling within paragraph (a) of subsection (1) of section 9 for the purpose of founding
a petition for a protection order against the debtor. Modification in special cases
Section 62—Debtors not of full age and capacity
(1) Subject to this section, this Act applies in relation to debtors who have not attained the age
of twenty-one years as it applies in relation to debtors who have attained the age of twenty-one
years. (2) Where a debtor has not attained the age of twenty-one years or is of unsound mind the High
Court may, on the application of the Official Trustee or a person interested, appoint a person
to act as the debtor's guardian in the insolvency proceedings. (3) In the case of a debtor who is of unsound mind this Act applies in relation to property vested
in a person as committee of the debtor or otherwise on the debtor's behalf as it applies in relation
to property vested in the debtor. Section 63—Joint debtors
(1) Where insolvency proceedings are instituted in respect of two or more debtors jointly, debts
not owed jointly by those shall be disregarded for the purposes of section 9 or 10.

gs are instituted in respect of two or more debtors jointly, debts
not owed jointly by those shall be disregarded for the purposes of section 9 or 10.

(2) Where a protection order is made in respect of two or more debtors jointly,
(a) a petition pending against any of the debtors individually shall lapse;
(b) subject to this section, the insolvency proceedings shall extend to debts owed by the debtors
separately as well as to their joint debts, and assets of the debtors shall vest in the Official
Trustee whether or not they are referable to the joint debts;
(c) in addition to the joint official account under section 42, a separate official account shall be
opened in respect of each debtor, in which shall be entered items referable to that debtor's
separate estate and separate debts.

cial account shall be
opened in respect of each debtor, in which shall be entered items referable to that debtor's
separate estate and separate debts.

(3) Where an insolvency order is made in respect of two or more debtors jointly,
(a) the joint estate shall be applicable in the first instance in payment of the joint debts, and if
there is surplus of the joint estate it shall be dealt with as part of the respective separate estates
in proportion to the interest of each debtor in the joint estate;
(b) the separate estate of each debtor is applicable in the first instance in payment of that
debtor's separate debts and if there is a surplus of a separate estate it shall be dealt with, so far
as may be necessary for satisfying the joint debts, as part of the joint estate. Section 64—Debtors who are trustees
(1) Where a debtor in respect of whom an insolvency order is made, whether personally or
jointly with any other person or persons, is a trustee of a property, and the debtor's interest in
the property as trustee has become vested in the Official Trustee under this Act, then,
(a) where the debtor had a beneficial interest in the property, the Official Trustee shall continue
to act as trustee in place of the debtor until the beneficial interest has been realised;
31

rest in the property, the Official Trustee shall continue
to act as trustee in place of the debtor until the beneficial interest has been realised;
31

(b) subject to paragraph (a), the Official Trustee shall within twenty-one days take steps to
secure the appointment of another trustee in place of the Official Trustee or, where there are
two or more remaining trustees, to retire from the trust. (2) This Act does not affect the beneficial interest of a person other than the debtor in trust
property. (3) For the purposes of this section "trustee" includes a personal representative or any other
person holding property on a fiduciary basis, and "trust property" shall be construed
accordingly. Section 65—Participation in insolvency proceedings by subsequent creditors
(1) Where an insolvency order is made but the insolvency proceedings have not yet come to an
end, any one or more creditors of the debtor may, on payment of the prescribed fee, apply to
the Official Trustee for the making of a participation order, enabling that creditor or those
creditors to participate in the insolvency proceedings in respect of new debts.

r the making of a participation order, enabling that creditor or those
creditors to participate in the insolvency proceedings in respect of new debts.

(2) An application under subsection (1) shall not be made,
(a) unless the debtor's indebtedness to the applicant, or to the applicants collectively, comprises
new debts in liquidated sums of money payable immediately and amounting to at least two
hundred and fifty thousand cedis; and
(b) unless debts amounting to at least two hundred and fifty thousand cedis remain unpaid
fourteen days after the service on the debtor of a written demand for payment. (3) Sections 11, 13, 15, and 16 shall apply as nearly as may be in relation to an application
under subsection (1) of this section subject to the following modifications, namely,
(a) references to a petition shall be read as references to the application;
(b) references to a protection order shall be read as references to a participation order. (c) sections 13 and 15 shall not apply to debts which are new debts, and the period within which
a proof of debts may be lodged shall be limited to three months from the making of the
participation order;
(d) in section 16, the reference to an arrangement with creditors in subsection (2), subsection
(3), and subsection (5) shall be omitted.

ation order;
(d) in section 16, the reference to an arrangement with creditors in subsection (2), subsection
(3), and subsection (5) shall be omitted.

(4) Sections 37 to 56 shall apply us nearly as may be in relation to a participation order, subject
to the following modifications, namely,
(a) references to a protection order or an insolvency order shall be read as references to the
participation order;
(b) the Official Trustee shall open a participation account within the debtor's official account,
to which shall be credited the proceeds of the after-acquired property which becomes vested in
the Official Trustee after the making of the participation order and before any other subsequent
order is made, together with any other moneys which become vested in the Official Trustee by
virtue of the participation order;
32

ny other subsequent
order is made, together with any other moneys which become vested in the Official Trustee by
virtue of the participation order;
32

(c) subject to section 52, the participation account shall be used only for the payment of
dividends in respect of debts ranking for dividend by virtue of the participation order, and
dividends in respect of those debts shall be paid out of the participation account;
(d) where there is a surplus on the participation account and a deficiency on the debtor's main
account, or a surplus on the main account and a deficiency on the participation account, the
surplus shall be transferred to the credit of the main account or the participation account;
(e) where more than one participation order has been made, a surplus shall be dealt with on the
principle that the main account is to be credited in preference to a participation account and an
earlier participation account is to be credited in preference to a later participation account.

edited in preference to a participation account and an
earlier participation account is to be credited in preference to a later participation account.

(5) Where a participation order is made,
(a) if the debtor is a bankrupt and the appointed discharge date is less than two years ahead,
then, subject to sections 31 and 32, it shall be postponed to the date two years after the
participation order is made;
(b) if the debtor is not a bankrupt and has not been discharged from the insolvency order, then,
subject to sections 23 and 31, the appointed discharge date shall be postponed to the date two
years after the participation order is made;
(c) if the debtor has been discharged from the insolvency order and, where applicable, from
bankruptcy, the discharge shall be treated as revoked, and,
(i) subject to sections 23, 31 and 32, the appointed discharge date shall be the date two years
after the participation order is made;
(ii ) the debtor shall surrender the certificate of discharge to the Official Trustee;
(ii i) the debtor shall not be treated as having contravened section 24, 26, or 27 because of an
act done by the debtor between discharge and the revocation of the order.

all not be treated as having contravened section 24, 26, or 27 because of an
act done by the debtor between discharge and the revocation of the order.

(6) For the purposes of this section "new debt" means a debt incurred by the debtor after the
making of the protection order or, if the participation order is a second or subsequent
participation order, means a debt incurred by the debtor after the making of the last participation
order. Administration of estates of deceased insolvents
Section 66—Administration orders
(1) Where the estate of a deceased debtor is insufficient to pay the debts of the deceased debtor,
the representative or a creditor of the deceased may, on payment of the prescribed fee, apply
to the Official Trustee for the making of an administration order, for the administration of the
estate under this section and sections 67 to 73. (2) Where an application under subsection (1) is made by a creditor, the applicant shall at the
same time serve a copy of the application on the representative of the deceased. (3) After seven days have elapsed following the making of the application, the Official Trustee
shall consider the application and evidence in support of the application, together, in the case
33

he making of the application, the Official Trustee
shall consider the application and evidence in support of the application, together, in the case
33

of a creditor's application, with the representations made by the representative of the deceased,
and if the Official Trustee considers
(a) that the application was duly made, the Official Trustee shall make an administration order
on the application; or
(b) that the application was not duly made, the Official Trustee shall give notice to the applicant
and, in the case of a creditor's application, to the representative of the deceased that the
application is dismissed. (4) References in this section and sections 67 to 73 to the representative of a deceased debtor
shall be construed as references to the personal representative of the deceased debtor or, if the
deceased debtor does not have a personal representative and was subject to customary law, as
references to the successor under customary law. (5) Where there is no representative of the deceased, the provisions requiring anything to be
done by or in relation to the representative shall not apply.

here there is no representative of the deceased, the provisions requiring anything to be
done by or in relation to the representative shall not apply.

Section 67—Effect of administration order
(1) On and by virtue of the making of an administration order there shall vest in the Official
Trustee to the same extent and, subject to subsections (2), (3), (4) and (5), with the same
incidents, the movable and immovable property which, immediately before the order was
made, was vested for the purposes of the administration of the deceased's estate in the personal
representative, or, by virtue of section 1 of the Administration of Estates Act, 1961 (Act 63),
in the Chief Justice; and the representative shall not have a right of retainer in respect of debts
owed to that representative. (2) Property which has become vested in the Official Trustee under subsection (1) is not subject
to attachment, distress or any other proceedings for the enforcement of an obligation against
the debtor's estate, whether founded on a judgement or not. (3) Subsection (2) does not apply to proceedings for the enforcement of a security.

gainst
the debtor's estate, whether founded on a judgement or not. (3) Subsection (2) does not apply to proceedings for the enforcement of a security.

(4) The administration order shall not affect the validity of a realisation or distribution of assets
made by the representative or any other act of administration done by the representative before
the receipt of notice of the making of the administration order. (5) Within seven days after the making of an administration order, or a longer period allowed
by the Official Trustee, the representative of the deceased shall lodge with the Official Trustee
a copy of the will left by the deceased, whether or not it has been admitted to probate, and a
statement containing,
(a) particulars of the assets of the deceased,
(b) a list of creditors, showing the amounts and due dates of debts and particulars of securities
held
(c) a description of the steps already taken by the representative by way of realising and
distributing the assets; and
(d) a description of the funeral, testamentary or administration expenses incurred. 34

esentative by way of realising and
distributing the assets; and
(d) a description of the funeral, testamentary or administration expenses incurred. 34

Section 68—Creditor's proof of debts
(1) During the period of three months following the making of an administration order, a
creditor of the deceased may lodge with the Official Trustee a proof of debts, in accordance
with subsection (2). (2) A proof of debts shall be in two parts, the first part containing brief particulars of
(a) the amount outstanding of a debt owed to the creditor by the deceased's estate,
(b) the amount outstanding of a debt owed by the creditor to the deceased's estate, and
(c) the nature and value of the securities held by the creditor, or held on behalf of the deceased's
estate, in respect of those debts;
and the second part containing details of the transactions from which the debts arose. (3) The Official Trustee shall give a copy of the first part of a proof lodged under subsection
(1) to the representative of the deceased and to each creditor who is mentioned in the statement
lodged by the representative or who, not being so mentioned, lodges a proof; and if the
representative knows or believes that the proof is false in a material particular the representative
shall inform the Official Trustee of that particular within fourteen days.

elieves that the proof is false in a material particular the representative
shall inform the Official Trustee of that particular within fourteen days.

(4) The Official Trustee shall examine the proof of debts lodged by a creditor and if, after
considering the representations made by the representative or a creditor, it appears to the
Official Trustee that an item is improperly included or a value incorrectly stated or that the
proof is otherwise incorrect, the Official Trustee shall give notice of the objection to the
creditor, who may lodge an amended proof within the period specified in the notice or an
extended period allowed by the Official Trustee. (5) Where it appears that a proof is correct the Official Trustee shall give notice to the creditor
regarding the admission of the proof subject to verification under section 45. (6) Where the creditor fails to lodge an amended proof or a further amended proof, within the
period allowed under subsection (4) and the Official Trustee is still of the opinion that the
previous proof is incorrect, the Official Trustee shall give notice to the creditor of the rejection
of the proof.

ee is still of the opinion that the
previous proof is incorrect, the Official Trustee shall give notice to the creditor of the rejection
of the proof.

Section 69—First meeting of creditors
(1) The Official Trustee shall call a first meeting of creditors for a date not less than six and
not more than eight weeks after the publication of all administration order, and shall give notice
of the meeting as may be practicable to each creditor who is mentioned in the representative's
statement or who, not being so mentioned, had lodged a proof of debts. (2) So far in advance as may be practicable, the Official Trustee Shall give to a creditor a copy
of the representative's statement, together with the observations on the statement that the
Official Trustee may wish to make. (3) The Schedule applies in relation to the meeting. Section 70—Duties of deceased's representative
35

ent that the
Official Trustee may wish to make. (3) The Schedule applies in relation to the meeting. Section 70—Duties of deceased's representative
35

(1) In addition to the specific duties imposed on the representative of the deceased by or under
this Act, the representative shall, as a general duty, during the period between the making of
an administration order and the termination of the administration, comply as promptly and fully
as is practicable with a direction given by the Official Trustee in connection with the
performance of the functions of office as to the deceased's estate. (2) During the period specified in subsection (1), the representative
(a) shall attend every meeting of creditors called by the Official Trustee and give the
information to the meeting that may be required by the Official Trustee;
(b) shall as soon as is practicable, give notice to the Official Trustee of a change in the name
or address of the representative;
(c) shall not destroy, alter, conceal or dispose of an account-book or any other record of the
deceased's financial affairs. Section 71—Application of sections 37 to 56
(1) Where an administration order has effect, sections 37 to 56 shall apply as nearly as may be
for the purposes of the administration, subject to the modifications set out in this section.

ffect, sections 37 to 56 shall apply as nearly as may be
for the purposes of the administration, subject to the modifications set out in this section.

(2) The following provisions shall be omitted, namely,
(a) sections 37 and 38 (which deal with vesting of property);
(b) subsection (2) of section 43 (which restricts the disposition of property by the Official
Trustee);
(c) section 50 (which relates to divesting of assets where an insolvency order is not made);
(d) section 53 (which provides for the return of personal effects to a debtor); and
(e) section 55 (which requires surplus assets to be returned to the debtor). (3) Except where the context otherwise requires, the following adaptations shall be made,
namely,
(a) references to the debtor shall be read as references to the representative of the deceased;
(b) references to section 37 shall be read as references to section 67,
(c) references to a protection order or an insolvency order shall be read as references to an
administration order;
(d) references to the debtor's discharge shall be read as references to the termination of the
administration. (4) The Official Trustee shall cause the funeral, testamentary and administration expenses
incurred by the representative to be met out of the deceased's official account in priority to any
other payments.

mentary and administration expenses
incurred by the representative to be met out of the deceased's official account in priority to any
other payments.

(5) Funeral expenses in excess of one million cedis shall rank as a Class D debt. 36

(5) Funeral expenses in excess of one million cedis shall rank as a Class D debt. 36

(6) Where, after provision has been made for payments and transfers of property required to be
made by virtue of subsections (1), (2), (3), (4) and (5), a balance remains in the deceased's
official account, the Official Trustee shall within fourteen days pay that balance,
(a) to the representative of the deceased, who shall deal with it as property of the deceased's
estate, or
(b) to the Administrator-General, who shall deal with it as unrepresented estate if there is no
representative of the deceased. Section 72—Order terminating administration
(1) Where an estate is administered under sections 66 to 73 and,
(a) the Official Trustee has duly completed the distribution of the assets of the deceased, and
(b) the Official Trustee's accounts in the administration have been drawn up, and have been
passed by the Auditor-General,
the Official Trustee shall apply to the High Court for an order terminating the administration. (2) The Official Trustee shall give notice of the application, together with a summary of the
accounts in the prescribed form, to the representative and to every creditor with an admitted
proof.

f the application, together with a summary of the
accounts in the prescribed form, to the representative and to every creditor with an admitted
proof.

(3) The Court shall grant the application if satisfied that it is duly made. Section 73—Death of debtor during insolvency proceedings
(1) This section applies where a debtor in respect of whom insolvency proceedings have been
instituted dies before the proceedings have come to an end. (2) The proceedings shall lapse where the death occurs before a protection order is made or
while a protection order has effect, and in the latter case property vested in the Official Trustee
by virtue of the protection order shall devolve in accordance with section 1 of the
Administration of Estates Act, 1961 (Act 63).

the Official Trustee
by virtue of the protection order shall devolve in accordance with section 1 of the
Administration of Estates Act, 1961 (Act 63).

(3) Where the death occurs after an insolvency order is made, the proceedings shall continue
except so far as they concern the debtor personally, as if a participation order is made
immediately before the death, and,
(a) an administration order shall not be made in respect of the deceased;
(b) the deceased's representative shall be subject to subsection (5) of section 67 and to section
70, as if references in those provisions to the making of an administration order were references
to the death;
(c) in relation to the disposal of surplus assets, subsection (6) of section 71 shall apply in place
of section 55;
(d) in relation to the termination of the proceedings, section 72 shall apply in place of section
36;
(e) in relation to funeral, testamentary and administration expenses incurred by the deceased's
representative, subsection (4) and (5) of section 71 shall apply. 37

n to funeral, testamentary and administration expenses incurred by the deceased's
representative, subsection (4) and (5) of section 71 shall apply. 37

Supplementary provisions
Section 74—Offences
(1) A person who does an act in contravention of a duty imposed on that person as a debtor or
as the representative of a deceased debtor by or under this Act commits an offence and is liable
on summary conviction to a fine of not less than two hundred penalty units or to a term of
imprisonment of not less than three years or to community service. (2) Subsection (1) is without prejudice to the power of the High Court to issue a warrant in
relation to a debtor under section 28 of this Act, or to punish a person for contempt of court or
for an offence under the Criminal Code, 1960 (Act 29). Section 75—Evidence
A register kept, a notice published or a certificate given under this Act is prima facie evidence
of the matters stated in that document. Section 76—Rules
(1) The Minister responsible for Justice may, by legislative instrument, make Rules, other than
Rules of Court, providing for a matter which under this Act is to be prescribed or provided for
by rules or which otherwise relates to procedure under this Act.

ourt, providing for a matter which under this Act is to be prescribed or provided for
by rules or which otherwise relates to procedure under this Act.

(2) Where it appears to the Minister that a monetary limit specified in sections 9, 10, 57 and 65
should be altered the Minister may, by legislative instrument, make the rules that are necessary
for effecting the alteration.

ctions 9, 10, 57 and 65
should be altered the Minister may, by legislative instrument, make the rules that are necessary
for effecting the alteration.

Section 77—Interpretation
In this Act, unless the context otherwise requires,
"address" includes place of residence, place of business, an electronic address and a post office
box number habitually used;
admitted proof"' means a proof admitted under subsection (7) of section 15 or subsection (5) of
section 68;
"after-acquired property" has the meaning assigned to it by subsection (2) of section 26;
"application for judicial consideration" means an application made by the Official Trustee
under subsection (1) of section 17;
"appointed discharge date" has the meaning assigned to it by subsection (3) of section 30;
"arrangement with creditors" means a contract between a debtor and the creditors of the debtor
under which, with a view to the payment of debts in whole or in part, the creditors agree not to
exercise, or agree to defer or modify the exercise of, any of their rights in respect of the debtor;
"bankrupt" means a person who has been adjudged a bankrupt under section 23 and has not
been discharged;
"civil proceedings" includes proceedings, other than criminal proceedings or proceedings under
this Act, in or on the order of a Court, and the levying of distress, or the attachment of a debt,
without a court order;
38

ings or proceedings under
this Act, in or on the order of a Court, and the levying of distress, or the attachment of a debt,
without a court order;
38

"community service" means community service as determined by the Court in consultation
with the Minister responsible for Social Welfare;
"fees account" means the account established by subsection (2) of section 3;
"Fund" means the insolvent estates fund established by section 3;
"ground for bankruptcy" means any one or more of the grounds specified in subsection (1) of
section 23;
"insolvency order" means an order made under section 19;
"insolvency proceedings" means the procedural steps taken in respect of a petition to the
Official Trustee for the making of a protection or any other order under this Act;
"insolvency register" means the register made and kept by virtue of subsection (1) of section
4;
"insolvent" means unable to pay debts as they fall due;
"name" in relation to a debtor includes a name under which the debtor carries on a business,
whether personally or with other persons;
"official account" in relation to a debtor means the account opened in respect of the debtor
under section 42;
"Official Trustee" includes the person appointed as the Official Trustee under the Public
Trustee Ordinance 1952 (No.

of the debtor
under section 42;
"Official Trustee" includes the person appointed as the Official Trustee under the Public
Trustee Ordinance 1952 (No.

24) and a public officer authorised in terms of subsection (2) of
section 1;
"payment in full" means the making of provision for the payments and transfers of property
which in the circumstances are required to be made under sections 52 to 54;
"prescribed" means prescribed or required to be provided for under this Act, or prescribed by
Rules made under subsection (1) of section 76;
"proof of debts" means a statement lodged with the Official Trustee in accordance with
subsections (3) and (4) of section 15;
"protection order" means an interim order made pursuant to subsection (1) of section 8;
"provable debt" has the meaning assigned to it by subsection (1 ) of section 15;
"Rules" means the Rules made under section 76;
"security" means a mortgage, charge or lien on the property of the debtor for securing payment
of a debt, and "secured creditor" and "secured debt" shall be construed accordingly;
Section 78—Repeal
The Insolvency Act, 1962 (Act 153) is hereby repealed. SCHEDULE
(Section 16(6))
MEETINGS OF CREDITORS
39

l be construed accordingly;
Section 78—Repeal
The Insolvency Act, 1962 (Act 153) is hereby repealed. SCHEDULE
(Section 16(6))
MEETINGS OF CREDITORS
39

1. A meeting of creditors is not competent to act for a purpose unless at least three creditors
with admitted proofs, or those creditors if there are less than three, are present either in person
or by representatives holding proxies. 2. Where a quorum is not present within half an hour after the time appointed for a meeting of
creditors, the Official Trustee shall adjourn the meeting to a date that the Official Trustee may
determine, which is not less than seven and not more than fourteen days after that meeting; and
if a quorum is still not present within half an hour after the time appointed for the adjourned
meeting, the meeting is cancelled. 3. The cancellation of a meeting under paragraph (2) shall not prevent the High Court from
considering and determining a matter as if the meeting had been held and closed on the day on
which it was cancelled, but this paragraph does not authorise the Court to confirm an
arrangement with creditors which has not been approved by the first meeting of creditors. 4. The Official Trustee shall preside at a meeting of creditors. 5.

ment with creditors which has not been approved by the first meeting of creditors. 4. The Official Trustee shall preside at a meeting of creditors. 5.

At a meeting of creditors each creditor with an admitted proof is entitled to be heard in
person or by a representative holding a proxy. 6. (1) Except where this Act otherwise provides, questions at a meeting of creditors shall be
decided by a simple majority of the votes cast. (2) Each creditor with an admitted proof is entitled to one vote for each complete ten thousand
cedis of the net amount of the debt owed to that creditor as shown in the proof at the time when
the meeting opens. (3) For voting purposes the net amount of a debt shall be calculated by deducting the following
amounts, from the total value of the debts owed to the creditor, namely,
(a) the total value of securities held by the creditor;
(b) the total value of obligations outstanding in the debtor's favour against the creditor;
(c) the amount of every dividend to which the creditor has become entitled. Date of Gazette Notifications: 21st April, 2006. 40