Section 3
Interpretation
In this Act, unless the context otherwise requires —
“agent” does not include a person’s counsel acting as such;
“articles” has the meaning assigned to it in the Companies Act
(Chapter 39);
“books and papers” include accounts, deeds, writing and documents;
“chattels leasing agreement” means an agreement for the bailment of goods which is capable of subsisting for more than 3 months;
“company” means a company incorporated or registered under the
Companies Act (Chapter 39);
“contributory” has the meaning assigned to it in section 61;
“corporation” has the meaning assigned to it in the Companies Act
(Chapter 39);
“Court”, in relation to a company, means a court having jurisdiction to wind up the company;
“director” has the meaning assigned to it in the Companies Act
(Chapter 39);
“document” includes summons, notice, order and other legal process, and registers;
“Executive Manager” means a person appointed as such under section 230(1);
“floating charge” means a charge which, as created, was a floating charge, and includes a floating charge within the Companies Act
(Chapter 39);
“hire-purchase agreement” has the meaning assigned to it in the Hire-Purchase Order, 2006 (S 44/2006);
“insolvency”, in relation to a company, includes the approval of a voluntary arrangement or the appointment of a judicial manager;
“memorandum” has the meaning assigned to it in the Companies Act
(Chapter 39);
“Minister” means the Minister of Finance and Economy;
Insolvency
B.L.R.O. 8/2022 21
“officer” has the meaning assigned to it in the Companies Act
(Chapter 39);
“property”, in relation to a company, includes money, goods, things in action and every description of property, whether real or personal, and whether in Brunei Darussalam or elsewhere, and also obligations and every description of interest whether present or future or vested or contingent arising out of, or incidental to, property.
“Registrar” has the meaning assigned to it in the Companies Act
(Chapter 39);
“resolution for voluntary winding up” means a resolution passed under section 66(1)(a) or (b);
“retention of title agreement” means an agreement for the sale of goods to a company, being an agreement —
(a)
which does not constitute a charge on the goods; but
(b)
under which, if the seller is not paid and the company is wound up, the seller will have priority over all other creditors of the company as respects the goods or any property representing the goods;
“rules” means rules made under this Act;
“secured creditor”, in relation to a company, means a creditor of the company who holds in respect of his debt a security over property of the company, and “unsecured creditor” is to be read accordingly;
“security” means any mortgage, charge, lien or other security interests;
“supervisor” means the supervisor of the voluntary arrangement referred to in section 17(2);
“voluntary arrangement” means the voluntary arrangement described in section 8.