Investigation and Enforcement Division

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Suhaily binti Samsudin
Insolvency Director of Investigation and Enforcement Division

Function


This division conducts investigation and enforcement relating to the law of bankruptcy. Investigation will be conducted based on the complaints lodged by stakeholders, public, and internal information referred to this division. The main function of this division is to investigate offences committed pursuant to the Insolvency Act 1967, the Insolvency Rules 1969 and the Penal Code.

Investigation and Enforcement Division assists the enforcement of bankruptcy administration pursuant to the Insolvency Act 1967 and the Insolvency Rules 1969. Enforcement plays an important role to ensure a bankrupt complies with his responsibilities under the Act and the Rules. Failure of the bankrupt to comply with the law and the rules may expose them to prosecution.

Four main functions of the division as follows:

(i) Investigation & Enforcement and Complaint

To conduct surveillance on priority based cases on direction given by Director General of Insolvency or Director of Investigation and Enforcement Division of MdI. Conducting preliminary investigation to gather, evaluate, process and analyze all the information before submitting it to Director General of Insolvency or Director of Investigation and Enforcement Division of MdI for further instructions.

(ii) Fraud

To trace fraudulently transferred assets by the bankrupts or companies involving movable and immovable properties. Movable properties such as bank account, safe deposits box, motor vehicles etc, while immovable properties such as houses, building etc. The tracing of these assets either through Open Method by seeking information from complainant or other witnesses, or Covert Method by surveillance, recording statements and operational information regarding each cases.

(iii) Public Examination

To obtain evidence on oath from bankrupt in regard with his conduct, dealing and property under suspicious that the bankrupt has committed any offence under the section 109 of the Insolvency Act 1967, or section 421,422,423 or 424 of the Penal Code, or in any circumstances that requires Public Examination.

(iv) Committal

To handle common offences committed by the bankrupt under Insolvency Act 1967, the Bankruptcy Rules 2017 and the Penal Code such as failure to disclose to Director General of Insolvency, state of his affairs, failure to keep a proper set of accounts etc.