Section 5: Act of bankruptcy

5. Act of bankruptcy A debtor commits an act of bankruptcy where— (a) in Mauritius or elsewhere, he makes a conveyance or assignment of his property to any person for the benefit of his creditors generally; (b) in Mauritius or elsewhere, he makes a fraudulent conveyance, gift, delivery or transfer of his property or of any part of it; (c) in Mauritius or elsewhere, he conceals or removes any part of his property or creates any charge on it, which, if he were made bankrupt, would amount to an offence punishable under this Act; (d) in Mauritius or elsewhere, he makes a conveyance or transfer of his property or of any part of it, or creates any charge on it, which, if he were adjudged bankrupt, would constitute a fraudulent preference under this Act; [Issue 1] B4 – 4 Revised Laws of Mauritius (e) with intent to defeat or delay his creditors, he— (i) departs, or makes preparation for departing, from Mauritius, or being out of Mauritius, remains out of Mauritius; (ii) departs from his dwelling-house or otherwise absents himself; (iii) begins to keep house; or (iv) suffers himself to be outlawed or a sequestration to be issued against his property under the Criminal Procedure Act; (f) he files in the Court a declaration admitting his inability to pay his debts, or presents a bankruptcy petition against himself; (g) he suffers any seizure of his movable or immovable property to be made, or he suffers a provisional seizure or attachment of his movable property to be made, and fails, within 8 days from the seizure or attachment, to obtain the removal thereof or to give security for payment of the claim of the seizing or attaching creditor; (h) imprisonment has been decreed against him for the recovery of any final judgment debt; (i) a creditor has obtained a final judgment against him for any amount, and execution thereon not having been stayed, has served on him in Mauritius, or by leave of Court, elsewhere, a bankruptcy notice, and the debt remains due and payable after the expiration of 7 days, or such shorter period as the Court may in special circumstances, fix, after service of the notice where the service has been effected in Mauritius, or, where service has been effected elsewhere, then after the expiration of such time as has been fixed by the Court; (j) having been served with a bankruptcy notice and being indebted to a creditor in virtue of provable debt, he fails to pay, secure or compound the debt within such time as may be allowed by the Court upon the application of the creditor and upon the Court being satisfied that the trader has had notice of the application and has been called upon to show cause against the grant of the application; (k) he has admitted to any of his creditors that he is unable to meet his engagements or that he has suspended or is about to suspend the payment of his debts.