Singapore legislation

Section 211

of Insolvency, Restructuring and Dissolution Act 2018

Section 211

Application for order in early dissolution of company administered by Official Receiver or liquidator

(1)

Where a notice has been given under section 209(2) or 210(2), any creditor or contributory of the company, any receiver or manager of the company, or any other person, may apply to the Court for an order under this section.

(2)

The grounds on which an application under subsection (1) may be made are that —

(a)

the realisable assets of the company are sufficient to cover the expenses of the winding up;

(b)

the affairs of the company require further investigation; or

(c)

the early dissolution of the company is inappropriate for any other reason.

(3)

The Official Receiver or the liquidator (as the case may be) may apply to the Court for an order in relation to any matter arising after the giving of the notice under section 209(2) or 210(2).

(4)

On an application under subsection (1) or (3), the Court may make such order as the Court thinks just, including an order —

(a)

that the name of the company not be struck off the register and the company not be dissolved, and enabling the winding up of the company to proceed as if no notice had been given under section 209(2) or 210(2); or

(b)

deferring the date on which the dissolution of the company is to take effect for such time as the Court thinks fit.

(5)

Any person on whose application an order is made under this section must, within 7 days after the making of the order, deliver to the Official Receiver (if the Official Receiver is not the applicant), and to the Registrar of Companies for registration, a copy of the order.

(6)

Any person who, without reasonable excuse, fails to comply with subsection (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and also to a default penalty.