449 General information that must be held in public registers

(1)

The public registers must contain the following information in respect of a person (P) who is or has been bankrupt, or who is subject to a current debt repayment order, or who is currently admitted to the no asset procedure, or who has been discharged from that procedure under section 377:

(a)

P’s full name:

(ab)

any other name (including any alias or trading name) used by P and known to the Assignee:

(b)

whether P is currently bankrupt, or has been discharged from bankruptcy, or is subject to a current debt repayment order, or is currently admitted to the no asset procedure, or has been discharged from the no asset procedure under section 377, as the case may be:

(c)

the bankruptcy, debt repayment order, or no asset procedure number, as the case may be:

(d)

P’s address as contained in P’s statement of affairs, or application for adjudication, or application for a debt repayment order, or application for admission to the no asset procedure or, if P has notified the Assignee of a change of address, that address, or in the case of adjudication on a creditor’s application, P’s address contained in that application:

(e)

P’s occupation and current employment status, if known:

(f)

in the case of an adjudication by the court, which court, and the time and date of the adjudication:

(g)

in the case of an automatic adjudication, a statement that P was automatically adjudicated bankrupt under section 47, and the time and date of the adjudication:

(ga)

if a debt repayment order is made in respect of P, the date of the debt repayment order:

(h)

if P is admitted to the no asset procedure, the date of admission:

(ha)

if P is discharged from the no asset procedure under section 377, the date when P was so discharged:

(i)

if P is a discharged bankrupt, the date, type, and conditions (if any) of discharge:

(j)

if the bankruptcy was annulled under section 309(1)(b) or (c) or section 310(2)(b) or (c), under which of those provisions it was annulled:

(k)

if the court has refused to discharge P from bankruptcy, that information:

(l)

if the court has suspended P’s discharge from bankruptcy, that information:

(m)

the place of the office of the Assignee dealing with P’s bankruptcy or admission to the no asset procedure and that office’s contact number for enquiries:

(n)

in the case of a person subject to a current debt repayment order, the full name and electronic address of the supervisor:

(o)

any other prescribed information or documents.

(2)

Subject to sections 447(2) and 451(1), the information listed in subsection (1) must be available to any member of the public.

(3)

A public register must not contain any information in relation to a person whose bankruptcy was annulled under section 309(1)(a) or 310(2)(a), and the bankruptcy that was so annulled does not count for the purposes of section 449A.

(4)

All information relating to a person who has been adjudicated bankrupt and discharged from bankruptcy must be removed from the public register maintained under section 62

(a)

4 years after the date of discharge; but

(b)

in the case of a conditional discharge, 4 years after the discharge becomes unconditional.

(4A)

All information relating to a person who has been admitted to the no asset procedure must be removed from the public register maintained under section 368

(a)

4 years after the date of discharge under section 377; or

(b)

as soon as practicable after a termination under section 372(a), (c), or (d).

(5)

All information relating to a person who has been adjudicated bankrupt but whose bankruptcy has been annulled under section 309(1)(b) or (c) or section 310(2)(b) or (c) must be removed 7 years after the date of adjudication from the public register maintained under section 62.

Section 449(1): amended, on 13 January 2020, by section 94(1) of the Regulatory Systems (Economic Development) Amendment Act 2019 (2019 No 62).

Section 449(1): amended, on 17 November 2009, by section 13(1) of the Insolvency Amendment Act 2009 (2009 No 52).

Section 449(1)(ab): inserted, on 13 January 2020, by section 94(2) of the Regulatory Systems (Economic Development) Amendment Act 2019 (2019 No 62).

Section 449(1)(b): amended, on 13 January 2020, by section 94(1) of the Regulatory Systems (Economic Development) Amendment Act 2019 (2019 No 62).

Section 449(1)(b): amended, on 17 November 2009, by section 13(2) of the Insolvency Amendment Act 2009 (2009 No 52).

Section 449(1)(c): amended, on 13 January 2020, by section 94(1) of the Regulatory Systems (Economic Development) Amendment Act 2019 (2019 No 62).

Section 449(1)(d): amended, on 13 January 2020, by section 94(1) of the Regulatory Systems (Economic Development) Amendment Act 2019 (2019 No 62).

Section 449(1)(ga): inserted, on 13 January 2020, by section 94(3) of the Regulatory Systems (Economic Development) Amendment Act 2019 (2019 No 62).

Section 449(1)(ha): inserted, on 17 November 2009, by section 13(3) of the Insolvency Amendment Act 2009 (2009 No 52).

Section 449(1)(n): amended, on 13 January 2020, by section 94(1) of the Regulatory Systems (Economic Development) Amendment Act 2019 (2019 No 62).

Section 449(1)(n): amended, on 13 January 2020, by section 94(4) of the Regulatory Systems (Economic Development) Amendment Act 2019 (2019 No 62).

Section 449(3): amended, on 17 November 2009, by section 13(4) of the Insolvency Amendment Act 2009 (2009 No 52).

Section 449(4A): inserted, on 17 November 2009, by section 13(5) of the Insolvency Amendment Act 2009 (2009 No 52).