Singapore legislation

Section 33

of Variable Capital Companies Act 2018

Section 33

Winding up of sub-fund

(1)

Despite not being a legal person, a sub‑fund of an umbrella VCC may be wound up in accordance with subsection (2) as if it were a legal person.

(2)

Part 10 and section 389 (as it relates to the provisions of Part 10) of the Companies Act 1967 apply in relation to the winding up of a sub‑fund of an umbrella VCC as they apply in relation to the winding up of a company limited by shares, subject to section 5 and the modifications in the First Schedule.

(3)

Section 129 applies (with the necessary modifications) in relation to the appointment of a liquidator of a sub‑fund and a person acting as such liquidator, as it applies in relation to the appointment of a liquidator of a VCC and a person acting as such liquidator, and for this purpose —

(a)

a reference in section 129(1)(b) and (c) to the VCC is to the umbrella VCC of which the sub‑fund is a part; and

(b)

the reference in section 129(2)(b) to creditors is to the creditors of the sub-fund.

Section 33 — Variable Capital Companies Act 2018 | laws.sg