Singapore legislation

Clause 243

of Insolvency, Restructuring and Dissolution Bill

Clause 243

Duty to cooperate with judicial manager and liquidator

(1)

Where a company is in judicial management or is being wound up, each of the persons mentioned in subsection (2) must —

(a)

give to the Official Receiver or liquidator (where the company is being wound up) or the judicial manager (where the company is in judicial management) such information concerning the company and its promotion, formation, business, dealings, affairs or property as the Official Receiver, liquidator or judicial manager (as the case may be) may reasonably require at any time after the commencement of the winding up or judicial management, as the case may be; and

(b)

attend on the Official Receiver or liquidator (where the company is being wound up) or the judicial manager (where the company is in judicial management) at such times as the Official Receiver, liquidator or judicial manager (as the case may be) may reasonably require.

(2)

The persons mentioned in subsection (1) are —

(a)

any person who is or has at any time been an officer of the company;

(b)

any person who has taken part in the formation of the company at any time within the period of one year before the commencement of the winding up or judicial management, as the case may be;

(c)

any person who —

(i)

is in the employment of the company (including employment under a contract for services) or has been in the employment of the company (including employment under a contract for services) within the period of one year before the commencement of the winding up or judicial management, as the case may be; and

(ii)

is in the opinion of the Official Receiver, liquidator or judicial manager (as the case may be), capable of giving information which the Official Receiver, liquidator or judicial manager (as the case may be) requires; and

(d)

in the case of a company being wound up by the Court, any person who has acted as judicial manager, receiver and manager or liquidator of the company.

(3)

Any person who, without reasonable excuse, fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $200 for every day or part of a day during which the offence continues after conviction.

Clause 243 — Insolvency, Restructuring and Dissolution Bill