Comparison View

Formal Consolidation |  Amended Act 29 of 2020
Consequences for taking action in contravention of section 5, 5A, 6, 7 or 7A
8.—(1)  Any person who, without reasonable excuse, contravenes section 5(2), 5A(2), 6(2), 7(2) or (3) or 7A(5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.
[Act 29 of 2020 wef 20/06/2020]
(2)  Any proceedings commenced in breach of section 5(2) must, on the lodgment of a copy of the notification for relief with the court, arbitral tribunal or other person or body before which the proceedings are brought, be dismissed.
(3)  The enforcement of any security in breach of section 5(2) is void except as against a bona fide purchaser for value without notice of the notification for relief.
(4)  The following actions are void:
(a)the appointment of a receiver or manager over any property or undertaking of a person made in breach of section 5(2);
(aa)the forfeiture of any consideration in breach of section 5A(2);
[Act 29 of 2020 wef 20/06/2020]
(b)a call on a performance bond or equivalent made in breach of section 6(2);
(c)the forfeiture of a deposit or part of a deposit made in breach of section 7(2).
(5)  Each of the following actions taken in breach of section 5(2) is invalid:
(a)the repossession of any goods under a contract;
[Act 29 of 2020 wef 20/06/2020]
(b)the termination of a contract where the subject inability is the non‑payment of rent or other moneys;
[Act 29 of 2020 wef 20/06/2020]
(c)the exercise of a right of repossession, re-entry or forfeiture under a contract, or the exercise of any other right that has a similar outcome.
[Act 29 of 2020 wef 20/06/2020]
Informal Consolidation | Amended S 476/2020
Consequences for taking action in contravention of section 5, 5A, 6, 7 or 7A
8.—(1)  Any person who, without reasonable excuse, contravenes section 5(2), 5A(2), 6(2), 7(2) or (3) or 7A(5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.
[Act 29 of 2020 wef 20/06/2020]
(2)  Any proceedings commenced in breach of section 5(2) must, on the lodgment of a copy of the notification for relief with the court, arbitral tribunal or other person or body before which the proceedings are brought, be dismissed.
(3)  The enforcement of any security in breach of section 5(2) is void except as against a bona fide purchaser for value without notice of the notification for relief.
(4)  The following actions are void:
(a)the appointment of a receiver or manager over any property or undertaking of a person made in breach of section 5(2);
(aa)the forfeiture of any consideration in breach of section 5A(2);
[Act 29 of 2020 wef 20/06/2020]
(b)a call on a performance bond or equivalent made in breach of section 6(2);
(c)the forfeiture of a deposit or part of a deposit made in breach of section 7(2).
(5)  Each of the following actions taken in breach of section 5(2) is invalid:
(a)the repossession of any goods under a contract;
[Act 29 of 2020 wef 20/06/2020]
(b)the termination of a contract where the subject inability is the non‑payment of rent or other moneys;
[Act 29 of 2020 wef 20/06/2020]
(c)the exercise of a right of repossession, re-entry or forfeiture under a contract, or the exercise of any other right that has a similar outcome.
[Act 29 of 2020 wef 20/06/2020]