Singapore legislation

Regulation 38

of Insolvency, Restructuring and Dissolution (Judicial Management) Regulations 2020

Regulation 38

Cases in which creditors may not vote

Subregulation 1

A creditor may not vote —

(a)

in respect of any unliquidated or contingent debt;

(b)

in respect of any debt the value of which is not ascertained; or

(c)

subject to paragraph (2), in respect of any debt on or secured by a current bill of exchange or promissory note held by the creditor.

Subregulation 2

Despite paragraph (1)(c), a creditor may vote in respect of a debt mentioned in that provision if the creditor is willing to —

(a)

treat the liability of every person (being a person against whom a bankruptcy order has not been made or which has not gone into liquidation) who is liable on the bill or note antecedently to the company as a security in the creditor’s hands; and

(b)

estimate the value of the security and deduct it from the creditor’s proof for the purpose of voting at the creditors’ meeting.