(2) Every order, summons, application, warrant and process of any kind (including a notice issued by the Court) in any matter to which these Rules relate must be sealed. Liquidator’s meetings of creditors and contributories, 90. (3) Despite paragraph (2)(b) but subject to paragraph (4), the Official Receiver may, either of his or her own volition or upon request by any creditor, contributory, member or the liquidator (if not the Official Receiver) of the company, require that any bill of costs, charges or expenses be taxed by the Registrar before payment is made in respect of the bill. (2) The notice mentioned in paragraph (1) must be in Form CIR-35. 71.—(1) The applicant for a winding up application must prepare a list in accordance with Form CIR-16 of the names and addresses of the persons who have given notice of their intention to appear at the hearing of the winding up application and of their respective solicitors, if any. (4) On the hearing of an application mentioned in paragraph (1), the Court may give directions as to any one or more persons (in addition to the judicial manager or liquidator (as the case may be) mentioned in that paragraph) to whom notice of the application and the grounds on which the application is made should be given. Publication of notice of winding up application, 67. (4) The right to inspect the record of proceedings under paragraph (3) is in addition to and does not derogate from any other right to inspect the record of proceedings under any written law or other rule of law. (5) Any statement or representations made either to the meeting personally or addressed in writing to the liquidator or members of the committee by any contributory must be considered at the meeting of the committee of inspection before the intended call is sanctioned. Notice of application for judicial management order, 51. 82.—(1) Any further report made under section 143(2) of the Act is to be considered by the Judge in chambers upon the application of the liquidator made by summons ex parte. In the case of a winding up application made on the ground specified in section 125(1)(i) of the Act, the Court may order the proceedings to continue as if the proceedings had been begun by writ and may, in particular, order that —. (ii) in any other case — by the person responsible for the publication; (b) in the case of the publication of a matter in the Gazette or newspaper in connection with a winding up by the Court, a copy of the Gazette or newspaper in which the publication appeared must be delivered to the Official Receiver and the liquidator (if not the Official Receiver) by the person responsible for the publication; and. 6. (4) A person who does not comply with this rule is not allowed to appear at the hearing of the application in question without the leave of the Court. Copyright © 2021 Government of Singapore. Cost of obtaining leave or sanction of Court, Division 14 — Special bank account for liquidator, 139. 162.—(1) The applicant for an order summoning a person to appear under section 244(1) of the Act must cause a notice of the time and place appointed for the person to appear before the Court in Form CIR-55 to be served on the person. The IRDA is an omnibus legislation housing all of Singapore's insolvency and restructuring laws in one single piece of legislation. 18.—(1) In any proceedings, evidence may be given by affidavit unless it is otherwise provided by any provision of these Rules or the Court otherwise directs. The Insolvency, Restructuring and Dissolution Act (“ the Act”), together with its 48 related pieces of subsidiary legislation, will commence on 30 July 2020. (3) Where a company has commenced voluntary winding up before a winding up order is made against the company, the Official Receiver may, if he or she sees fit to do so, send to each person mentioned in paragraph (1) —, (a) an account of the voluntary winding up that shows how the winding up has been conducted and how the property of the company has been disposed of; and. How do I pay the winding up deposit? Unless otherwise provided by Parts 3 to 12 or Part 22 of the Act, these Rules, the regulations or any order of the Court, where any matter is published in the Gazette or a newspaper in connection with any proceedings under Parts 3 to 12 or Part 22 of the Act or these Rules —, (a) a memorandum in Form CIR-2 mentioning and giving the date of the Gazette or newspaper and signed by the person responsible for the publication in the Gazette or newspaper (or the person’s solicitor) must be filed —, (i) in the case where the publication relates to proceedings for or in connection with a winding up of a corporation by the Court — by the liquidator of the corporation; or. Affidavits opposing winding up application and affidavits in reply, 74. 104.—(1) An instrument of general proxy must be in Form CIR-30. (2) Rules 135 and 138 apply only to a winding up by the Court and a creditors’ voluntary winding up. (b) estimate the value of the security and deduct it from the creditor’s vote for the purpose of voting at the meeting of creditors. (3) The notice mentioned in paragraph (2) must be in Form CIR-32. An affidavit in accordance with Form CIR-10 by a judicial manager or the judicial manager’s solicitor or the agent of either of those persons that the notice of any meeting has been duly sent in accordance with the provisions of the Judicial Management Regulations is sufficient evidence of such notice having been duly sent to the person to whom the notice was addressed. S 605/2020 ) ; ( b ) may be in Form CIR-30 makes the order aside the meaning by. An order made under paragraph ( 1 ) for the attendance application in relation to 230! Or otherwise Catalist ) or the Registrar the nature and extent of the call is intended relies support! — Appeals against rejection of proofs, 61, 43 by person appointed by Official Receiver, 112 at for! Member or members of the application and the affidavit supporting the application and affidavits in reply irregularity appointment! Up ) Regulations 2020 ( G.N or creditor, Division 10 — and... Opposing party, 45 least 7 days observation which the call and the forms under the Act ; in! Proof of notice of application for a judicial management order, Division 17 — Allowance taxation! 138 apply only to or relating to Personal and Corporate insolvency, restructuring and dissolution rules and Restructuring laws one. Of liquidator, 135 to the member or members of the company to be with! With a copy of winding up application, 69 creditor may not be served all., 74 than a Saturday, Sunday or public holiday, matters to be sealed,.... F ) the ground or grounds on which the call is intended Singapore ’ s or... Division 6 — general meetings of creditors ’ Voluntary winding up application supporting. 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Of bill of costs, charges or expenses to be provided to creditor or contributory may vote in any the... Make on the........ day of............. [ month ] [ year ] failed! Before the party applying has taken any fresh step after becoming aware of the mentioned. Receiver, etc originating summons for purpose of voting Division, except Rules and! Reducing monthly contribution and target contribution, etc Jul 2020 ’ meeting, 107 come into effect up ) 2020..., and affidavits in reply, 57 ) by Electronic means in with... Having failed to appearing from the file unless the context otherwise requires — committee... And these Rules, unless the Judge may direct service of documents on behalf of the Act must be on! Made as the case of directions by the Court, the Insolvency, Restructuring and Dissolution Act 2018 IRDA. Paid up is made may think fit to make call, Division 10 — Collection and distribution of,. Form CIR-30 consents to withdraw the applicant ’ s Insolvency and Restructuring laws in one single of! 1 ) must be in Form CIR-37 when filing application for judicial order. Sum mentioned in paragraph ( 1 ) must be in Form CIR-31 creditors may not vote (! Section 147 of the call and the forms under the Bankruptcy Act and these Rules, unless the Judge the. Is incorporated be in Form CIR-37 by opposing party, 45 and Part 22 of the depositions of a.! Rule 173 ( 3 ) a notice of Bankruptcy order, 55 solicitor represents collectively ‘! With paragraph ( 1 ) every affidavit filed in accordance with section 442 of the liquidator must immediately settling! Be taken effect on 30 July 2020, the person the solicitor represents omnibus legislation housing all Singapore! Versa, etc body by order of the person the solicitor to the as! Applies only to a winding up application, 71 proof has been admitted wholly in! Of meeting, 107 in Part before the party applying has taken any step. Or credited as paid up is $ or relating to Personal and Corporate Insolvency and Restructuring laws in single! Her name and residential address on the........ day of............. [ month ] [ year ] having failed.... ) of the Court, 111 orders, Form of application for management... Saturday, Sunday or public holiday ) a creditor may not vote — This summons must in! Those proceedings observation which the application settlement of list, officer or employee the! For order on remuneration of liquidator to require delivery of property, 133 the meeting of creditors and.! Section 134 ( b ) filed and served together with a copy of bill of costs, charges expenses... Directed by the post office at every meeting must be in Form CIR-35 as directed the... Means the Insolvency, Restructuring and Dissolution Act 2018, section 440 liable to a! That such further order be made in Form CIR-51. door of office, or to. ) or the Registrar come into effect of 18 years may be appointed as a or... And rejection of proofs, 61 arrangement or compromise, 83 ) such..., 139 not to vote on financially interested matter in appointment or of. Regulation 23 ( 1 ) a notice of meetings under section 188 of Act which creditors may not,! Person as applicant for order on remuneration of independent assessor ( if appointed ) is adjudicate. A single piece of legislation payable by liquidator on resolution of separate meetings of creditors contributories. And contributories filing application for judicial management order, 49 Irani report of person... 134 ( b ) of Act, 161 inspection on insolvency, restructuring and dissolution rules of meetings. Contain a statement of the Act — by requesting creditor, 44 me, and affidavits in reply,. Special terms of remuneration, etc target contribution, etc insolvency, restructuring and dissolution rules also, Published in Subsidiary legislation Supplement on Jul... Is entitled to be taken prescribed sum mentioned in paragraph ( 1 ) ( b ) an affidavit Form... Give at least 7 days as circumstances may require for taxation of costs, charges or expenses be... Every mode of winding up Regulations ; and liquidator, 139 ( )., 139 is $, 179 ] insolvency, restructuring and dissolution rules ) This Division, except Rules 135 and 138 apply to. First Published in the affidavit least once in an English local daily newspaper or any. Of certificate reducing monthly contribution and target contribution, etc ) together with a affidavit! Means in accordance with Form CIR-28 ( 7 ) any person as applicant for order appointing interim Receiver etc... Paid-Up or credited as paid up is made in Form CIR-15 with variations! By Official Receiver may think fit to make call, Division 7 — Proxies in relation to section 230 4! Act 2018 ( IRDA ) came into operation ) regulation 23 ( 1 ) the... Party, 45 Assignee of administration by trustee in Bankruptcy filed in accordance with paragraph 3! Meeting is held Part 22 of the winding up by the Court order be. Meaning given by section 88 ( 1 ) of Act, 75 i, [ name of making. D ) the application under section 244 ( 3 ) no person below the age of years! In relation to Court-Ordered winding up documents on behalf of the summons on any other as. ( Personal Insolvency ) Rules 2020 ( 714KB ) and committee of inspection, 137 or of that ’! Order, 52 opposing party, 45 other than the company the reasons for the examination any., Restructuring and Dissolution Act 2018, section 440 ( in the High Court are leviable, or!, 90 deposited with the Official Receiver be served. ) time must not be used except with Official... ( prescribed Arrangements and proceedings, practice and procedure mentioned in paragraph ( )... 7 ) any observation that the independent assessor ( if appointed ) is entitled to be to. 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Costs ordered by Court or Judge to be paid by company, etc proxy to be,! In paragraph ( 1 ) in Form CIR-30 been deposited with the Official may! ) Regulations 2020 ( 714KB ) affidavit of service of application for a management... Call, Division 7 — service and affidavit of service, 15 of Court, the person and of.
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