Singapore legislation

Regulation 68

of Insolvency, Restructuring and Dissolution (Corporate Insolvency and Restructuring) Rules 2020

Regulation 68

Service and affidavit of service of winding up application

Subregulation 1

Every winding up application in respect of a company and every affidavit supporting the application (called in this rule the supporting affidavit) must be served on the company at least 7 clear days before the hearing of the application —

(a)

by leaving a copy each of the application and the supporting affidavit with any member, officer or employee of the company at the registered office of the company or, if there is no registered office, at the principal or last known principal place of business of the company; (b)in a case where no member, officer or employee of the company can be found at the registered office or place of business mentioned in sub-paragraph (a) — by leaving a copy each of the application and the supporting affidavit at the registered office or place of business, as the case may be; or

(c)

by serving a copy each of the application and the supporting affidavit on any member or members of the company as the Court may direct.

Subregulation 2

Where the company in respect of which a winding up application is made is being wound up voluntarily, a copy each of the winding up application and the supporting affidavit must also be served on the liquidator (if any) appointed for the purpose of winding up the affairs of the company.

Subregulation 3

A copy each of the winding up application and the supporting affidavit must also be served on —

(a)

the Official Receiver; and

(b)

the licensed insolvency practitioner (if not the Official Receiver) nominated by the applicant of the winding up application to be appointed as liquidator of the company in the event that the company is wound up.

Subregulation 4

The applicant of the winding up application must file in Form CIR-13 an affidavit of service of the application and the supporting affidavit in accordance with paragraph (1) at least 5 days before the day appointed for the hearing of the winding up application.

Subregulation 5

If paragraph (2) applies, the applicant of the winding up application must also file in Form CIR‑14 an affidavit of service of the application and the supporting affidavit on the liquidator at least 5 days before the day appointed for the hearing of the winding up application.

Subregulation 6

Paragraphs (1) and (4) do not apply if the application is filed by a company in respect of itself.