Singapore legislation
Regulation 170
of Insolvency, Restructuring and Dissolution (Corporate Insolvency and Restructuring) Rules 2020
Regulation 170
Manner of application, etc.
Subregulation 1
An application for a declaration under section 440(4) of the Act may be made without notice only in the case of urgency.
Subregulation 2
Where an application mentioned in paragraph (1) is made without notice, the applicant must —
give notice of the hearing of the application to every person concerned —
by sending an electronic communication of the notice to the last electronic mail address of the person concerned or the solicitor of the person concerned given to the applicant by the person concerned or the solicitor of the person concerned, as the case may be;
by facsimile transmission to the fax transmission number operated at —
if the person concerned is an individual — the usual or last known address of the place of residence or business of the person concerned; (B)if the person concerned is a partnership other than a limited liability partnership — the principal or last known place of business of the person concerned; or (C)if the person concerned is a limited liability partnership or body corporate — the registered office or principal office of the person concerned; (iii)by facsimile transmission to the fax transmission number operated at the usual or last known address of the place of residence or business of the solicitor of the person concerned; or
only in the case of extreme urgency, orally to the person concerned or the solicitor of the person concerned, or by telephone at —
the telephone number operated at the place mentioned in sub-paragraph (ii)(A), (B) or (C) or (iii) (whichever is applicable);
the last known telephone number of the person concerned or the solicitor of the person concerned, as the case may be; or (C)the telephone number through which the applicant and the person concerned or the solicitor of the person concerned (as the case may be) last communicated; and
take all reasonable steps to give a copy each of the application and the affidavit supporting the application to every person concerned (whether directly or by giving the same to the solicitor of the person concerned).
Subregulation 3
Where any person concerned is not present or represented at the hearing of the application, the applicant must inform the Court the following:
the attempts that were made by the applicant to give notice of the hearing of the application to the person concerned;
the documents (if any) in connection with the application that were given to the person concerned (whether directly or by giving the same to the solicitor of the person concerned), and when each document was given;
whether the person concerned consents to the application being heard without that person being present or represented at the hearing.