Singapore legislation

Regulation 21

of Insolvency, Restructuring and Dissolution (Court-Ordered Winding Up) Regulations 2020

Regulation 21

Service of copy of notice of disclaimer on interested persons

Subregulation 1

The liquidator disclaiming any onerous property must, within 14 days after the date of the notice of disclaimer, serve a copy of the notice on —

(a)

in a case where the property is an unprofitable contract under section 230(2)(a) of the Act — any person who, to the liquidator’s knowledge, is a party to the contract or has an interest under the contract;

(b)

in a case where the property is of a leasehold nature mentioned in section 231 of the Act — any person who is claiming under the company as sub‑lessee or mortgagee mentioned in section 231(1) of the Act; and

(c)

in any case — any person who (to the liquidator’s knowledge) —

(i)

claims an interest in the disclaimed property; or

(ii)

is under a liability in respect of the disclaimed property, not being a liability discharged by the disclaimer.

Subregulation 2

The copy of the notice of disclaimer may be served on a person mentioned in paragraph (1) —

(a)

personally;

(b)

by prepaid registered post; or

(c)

by electronic means in accordance with section 442 of the Act.

Subregulation 3

If subsequently, it comes to the liquidator’s knowledge that any person has an interest in the disclaimed property that would have entitled the person to receive a copy of the notice of disclaimer under paragraph (1), the liquidator must then as soon as reasonably practicable serve on that person a copy of the notice.

Subregulation 4

Without affecting paragraphs (1) and (3), the liquidator may at any time serve a copy of the notice of disclaimer on any person who, in the liquidator’s opinion, ought to be informed of the disclaimer.