Singapore legislation

Section 250G

of Insolvency, Restructuring and Dissolution Act 2018

Section 250G

Notices of application and objection, etc.

Amended by39/202039/202039/202039/202039/202039/202039/202039/2020

(1)

Where the Official Receiver considers that the eligibility requirement in subsection (2) in respect of an applicant company is met, the Official Receiver must —

(a)

send to the applicant company, and every creditor, contributory or officer of the applicant company (whose name and address are provided by the applicant company in its application under section 250D); and

(b)

publish on the designated website, a notice of the application by the applicant company for acceptance into the simplified winding up programme.

Amended by39/2020

(2)

The eligibility requirement for the purposes of subsection (1) is that, on the face of the application of the applicant company under section 250D (including any information or document accompanying the application and any further information or document submitted by the applicant company under that section), both the requirements in section 250F(1)(a) and (b) are met.

Amended by39/2020

(3)

The notice of application under subsection (1) must contain the following information:

(a)

the name of the applicant company and its Unique Entity Number (UEN);

(b)

the date of the notice of application;

(c)

a note stating that unless an objection is received within the period of 21 days after the date of the notice of application, the Official Receiver may accept the applicant company into the simplified winding up programme;

(d)

the form of, and manner of delivering, a notice of objection;

(e)

a note providing the address of the designated website and stating that all subsequent notices relating to the applicant company required to be published by the Official Receiver on the designated website under this Part will be published on the designated website;

(f)

any other information as may be prescribed by regulations made under section 250R.

Amended by39/2020

(4)

Any creditor, contributory or officer of the applicant company or any public sector agency that believes there is reasonable cause why the applicant company should not be accepted into the simplified winding up programme, may object by delivering a notice (called in this section a notice of objection) to the Official Receiver, in the form and manner stated in the notice of application under subsection (1), within 21 days after the date of the notice of application.

Amended by39/2020

(5)

A notice of objection under subsection (4) must contain a statement of the grounds of objection.

Amended by39/2020

(6)

At the expiry of 21 days after the date of the notice of application published under subsection (1) —

(a)

where the Official Receiver has not received any notice of objection — the Official Receiver may accept the applicant company into the simplified winding up programme, subject to the payment by the applicant company of the deposit payable under section 250I; or

(b)

where the Official Receiver has received any notice of objection, the Official Receiver must decide whether to —

(i)

accept the applicant company into the simplified winding up programme, subject to the payment by the applicant company of the deposit payable under section 250I; or

(ii)

reject the applicant company’s application,and, in doing so, the Official Receiver must consider the grounds of the objection.

Amended by39/2020

(7)

The Official Receiver’s decision under subsection (6) is final.

Amended by39/2020

(8)

In subsection (4), “public sector agency” means any of the following:

(a)

a body corporate established by a public Act for the purposes of a public function;

(b)

a ministry or department of the Government; (c)an Organ of State.

Amended by39/2020
Section 250G — Insolvency, Restructuring and Dissolution Act 2018