Singapore legislation

Clause 26

of Companies (Amendment) Bill

Clause 26

Amendment of section 227D

Section 227D of the Companies Act is amended by deleting subsection (4) and substituting the following subsections:“(4) During the period for which a judicial management order is in force —

(a)

no order may be made, and no resolution may be passed, for the winding up of the company;

(b)

no receiver or manager may be appointed over any property or undertaking of the company;

(c)

no other proceedings may be commenced or continued against the company, except with the consent of the judicial manager, or with the leave of the Court and subject to such terms as the Court imposes;

(d)

no execution, distress or other legal process may be commenced, continued or levied against any property of the company, except with the consent of the judicial manager, or with the leave of the Court and subject to such terms as the Court imposes;

(e)

no step may be taken to enforce any security over any property of the company, or to repossess any goods under any chattels leasing agreement, hire‑purchase agreement, or retention of title agreement, except with the consent of the judicial manager, or with the leave of the Court and subject to such terms as the Court imposes; and

(f)

despite sections 18 and 18A of the Conveyancing and Law of Property Act (Cap. 61), no right of re‑entry or forfeiture under any lease in respect of any premises occupied by the company may be enforced, except with the consent of the judicial manager, or with the leave of the Court and subject to such terms as the Court imposes.(5) Subsection (4) does not affect the exercise of any legal right under any arrangement (including a set‑off arrangement or a netting arrangement) that may be prescribed by regulations made under section 411.(6) In this section —“netting arrangement” means an arrangement under which 2 or more claims or obligations can be converted into a net claim or obligation, and includes a close‑out netting arrangement (under which actual or theoretical debts are calculated during the course of a contract for the purpose of enabling them to be set‑off against each other or to be converted into a net debt);“set‑off arrangement” means an arrangement under which 2 or more debts, claims or obligations can be set‑off against each other.”.

Clause 26 — Companies (Amendment) Bill | laws.sg