Singapore legislation
Section 217
Section 217
Interpretation of this Part
(1)
For the purposes of sections 224 to 229 —
Definition
“commencement of the judicial management”, in relation to a company, means —
in a case where the judicial manager is appointed by the Court under section 91 — the time when the application for the judicial management order was made; or
in a case where the judicial manager is appointed by the creditors of the company under section 94(11)(e) — the time when the copy of the notice of appointment of the interim judicial manager is filed with the Registrar of Companies and the Official Receiver under section 94(5)(a);
Definition
“commencement of the winding up”, in relation to a company, means —
in a case where the company is being wound up under an order of the Court made at a time when the company was being wound up voluntarily — the time of the commencement of the voluntary winding up as determined in accordance with paragraph (d) or (e);
in a case where a company is being wound up under an order of the Court on an application made while the company was in judicial management — the time of the commencement of the judicial management as determined in accordance with this section;
in a case where a company is being wound up under an order of the Court in any other case — the time of the making of the winding up application;
in a case where the company is being wound up voluntarily and a provisional liquidator has been appointed before the resolution for voluntary winding up was passed — the time when the declaration mentioned in section 161(1) was lodged with the Registrar of Companies; or
in any other case where the company is being wound up voluntarily — the time of the passing of the resolution for voluntary winding up.
(2)
For the purposes of this Part —
a company “enters judicial management” or is “in judicial management” within the meanings given to those terms in section 88(2)(a) to (e); and
a person is connected with a company if —
the person is a director of the company or an associate of such a director; or
the person is an associate of the company.
(3)
For the purposes of subsection (2)(b), a person (A) is an associate of another person (B) if —
A is an associate of B; or
B is an associate of A.
(4)
A person is an associate of an individual if that person is —
the individual’s spouse; (b)a relative of —
the individual; or
the individual’s spouse; or
the spouse of a relative of —
the individual; or
the individual’s spouse.
(5)
A person is an associate of —
any person with whom that person is in partnership; and
any spouse or relative of any individual with whom that person is in partnership.
(6)
A person is an associate of any person whom that person employs or by whom that person is employed.
(7)
A person in the person’s capacity as trustee of a trust is an associate of another person if the beneficiaries of the trust include, or the terms of the trust confer a power that may be exercised for the benefit of, that other person or an associate of that other person.
(8)
A corporation is an associate of another corporation —
if the same person has control of both corporations;
if a person has control of one of the 2 corporations and persons who are that person’s associates, or that person and persons who are that person’s associates, have control of the other corporation; or
if a group of 2 or more persons has control of each corporation, and the groups either consist of the same persons or could be regarded as consisting of the same persons by treating (in one or more cases) a member of either group as replaced by a person of whom he or she is an associate.
(9)
A corporation is an associate of another person if that person has control of the corporation, or if that person and persons who are that person’s associates together have control of the corporation.
(10)
A person is an associate of a corporation if persons who are his or her associates are employed by the corporation.
(11)
For the purposes of this section, an individual (C) is a relative of an individual (D) if C is D’s brother, sister, uncle, aunt, nephew, niece, lineal ancestor or lineal descendant, treating —
any relationship of the half blood as a relationship of the whole blood and the stepchild or adopted child of any person as that person’s child; and
an illegitimate child as the legitimate child of the child’s mother and reputed father.
(12)
References in this section to a spouse include a former spouse and a reputed husband or wife.
(13)
For the purposes of this section, any director or other officer of a corporation is to be treated as employed by that corporation.
(14)
For the purposes of this section, a person is to be taken as having control of a corporation (C) if —
the directors of C or of another corporation which has control of C (or any of those directors) are accustomed to act in accordance with the person’s directions or instructions; or
the person is entitled to exercise, or control the exercise of, one third or more of the voting power at any general meeting of C or another corporation which has control of C,and where 2 or more persons together satisfy paragraph (a) or (b), they are to be taken as having control of C.
(15)
For the purposes of this section, “corporation” includes any body corporate (whether incorporated in Singapore or elsewhere), and references to directors and other officers of a corporation and to voting power at any general meeting of a corporation have effect with any necessary modifications.