In force2020 Revised Edition

Contents

Insolvency, Restructuring and Dissolution Act 2018 · 2020 Revised Edition · Part 16 · Proceedings in Bankruptcy

310. Conditions to be satisfied in respect of debtor

(1)

No bankruptcy application may be made to the Court under section 307(1)(a) or 308(1)(a) against an individual debtor unless the debtor —

(a)

is domiciled in Singapore;

(b)

has property in Singapore; or

(c)

has, at any time within the period of one year immediately preceding the date of the making of the application —

(i)

been ordinarily resident or has had a place of residence in Singapore; or

(ii)

carried on business in Singapore.

(2)

No bankruptcy application may be made to the Court under section 307(1)(b) or 308(1)(b) against a firm unless —

(a)

at least one of the partners in the firm —

(i)

is domiciled in Singapore;

(ii)

has property in Singapore; or

(iii)

has, at any time within the period of one year immediately preceding the date of the making of the application, been ordinarily resident or has had a place of residence in Singapore; or

(b)

the firm has, at any time within the period of one year immediately preceding the date of the making of the application, carried on business in Singapore.

(3)

The reference in subsection (1)(c)(ii) to an individual carrying on business in Singapore includes —

(a)

the carrying on of business in Singapore by a firm in which the individual is a partner; and

(b)

the carrying on of business in Singapore by an agent or a manager for the individual or for such a firm.