Singapore legislation

Clause 182

of Insolvency, Restructuring and Dissolution Bill

Clause 182

No liquidator appointed or nominated by company

(1)

Where it is proposed to wind up a company voluntarily, and no liquidator or provisional liquidator has been appointed or nominated by the company, the powers of the directors must not be exercised, except with the sanction of the Court or, in the case of a creditors’ voluntary winding up, so far as may be necessary to secure compliance with section 166.

(2)

Subsection (1) does not apply in relation to the powers of the directors —

(a)

to dispose of perishable goods and other goods the value of which is likely to diminish if they are not immediately disposed of; and

(b)

to do all such other things as may be necessary for the protection of the company’s assets.

(3)

Any director who, without reasonable excuse, fails to comply with the requirements of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both and also to a default penalty.