Singapore legislation

Regulation 8

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

Regulation 8

Quorum

Subregulation 1

At the pre‑appointment meeting of creditors, the creditors may not act for any purpose unless there are present (either in person or by proxy) at the meeting —

(a)

at least 3 creditors entitled to vote; or

(b)

all the creditors entitled to vote if the number of the creditors entitled to vote does not exceed 3.

Subregulation 2

Paragraph (1) does not apply to the appointment by the creditors of a chairperson, the proving of debts and the adjournment of the meeting.

Subregulation 3

If after half an hour from the time appointed for the pre‑appointment meeting of creditors, a quorum of creditors is not present (either in person or by proxy), the meeting must be adjourned —

(a)

in a case where no chairperson is appointed — to the same day in the following week at the same time and place; or

(b)

in a case where a chairperson is appointed — to another day that the chairperson may appoint (which is not less than 5 days and not more than 10 days after the day from which the meeting was adjourned) and at a time and place that the chairperson may determine.

Subregulation 4

If after half an hour from the time appointed for the adjourned meeting, a quorum of creditors is not present (either in person or by proxy), the adjourned meeting must be adjourned —

(a)

in a case where no chairperson is appointed — to another day and at a time and place that the interim judicial manager may determine; or

(b)

in a case where a chairperson is appointed — to another day and at a time and place that the chairperson may determine.

Subregulation 5

Where a chairperson is appointed for a meeting mentioned in paragraph (3) or (4), the chairperson must issue to the creditors —

(a)

in a case mentioned in paragraph (3)(b) — a notice of adjournment of the pre‑appointment meeting of creditors in accordance with Form JM‑3; or (b)in a case mentioned in paragraph (4)(b) — a notice of proceedings at an adjourned pre‑appointment meeting of creditors in accordance with Form JM‑4.

Subregulation 6

Where no chairperson is appointed for a meeting mentioned in paragraph (3) or (4), the interim judicial manager must issue to the creditors —

(a)

in a case mentioned in paragraph (3)(a) — a notice of adjournment of the pre‑appointment meeting of creditors in accordance with Form JM‑3; or

(b)

in a case mentioned in paragraph (4)(a) — a notice of proceedings at an adjourned pre‑appointment meeting of creditors in accordance with Form JM‑4.

Subregulation 7

The list of creditors assembled to be used at every meeting must be in accordance with Form JM‑5.