Singapore legislation

Regulation 31

of Insolvency, Restructuring and Dissolution (Saving and Transitional Provisions) Regulations 2020

Regulation 31

Saving and transitional provisions for amendment of International Interests in Aircraft Equipment Act

Subregulation 1

Despite section 484(a) and (b) of the Act, section 4(3), (4), (14) and (15) of the International Interests in Aircraft Equipment Act (Cap. 144B) as in force immediately before 30 July 2020, read with the definitions of “commencement of insolvency proceedings” and “insolvency proceedings” in section 2(1) of the International Interests in Aircraft Equipment Act as in force immediately before that date, continues to apply to or in relation to any security agreement, title reservation agreement or leasing agreement creating or providing for an international interest in an aircraft object, or any contract of sale of an aircraft object, where insolvency proceedings were commenced against the debtor of the agreement pursuant to —

(a)

a bankruptcy application under section 57 or 58 of the Bankruptcy Act made before that date;

(b)

an application for an interim order under section 45 of the Bankruptcy Act made before that date;

(c)

an order for winding up of a company made under section 216(2)(f) of the Companies Act before that date;

(d)

an application for winding up made under section 253 of the Companies Act before that date;

(e)

an application made before that date for the winding up of an unregistered company under section 351 of the Companies Act;

(f)

a voluntary winding up that commenced within the meaning of section 291(6) of the Companies Act before that date;

(g)

an application for winding up arising from a notice of commencement of liquidation or dissolution proceedings in the debtor’s place of incorporation or origin that was lodged under section 377(2)(a) of the Companies Act before that date;

(h)

an application for winding up arising from an application made before that date for recognition of a foreign proceeding under Article 15(1) of the Tenth Schedule to the Companies Act;

(i)

an application made before that date under section 210(1) or 211I of the Companies Act for the approval of the Court in relation to a compromise or an arrangement; or

(j)

an application for a judicial management order under section 227B of the Companies Act made before that date.

Subregulation 2

Despite section 484(b) of the Act, section 4(3) to (8), (11) and (13) of the International Interests in Aircraft Equipment Act as in force immediately before 30 July 2020, read with the definition of “insolvency administrator” in section 2(1) of the International Interests in Aircraft Equipment Act as in force immediately before that date, continues to apply to or in relation to any security agreement, title reservation agreement or leasing agreement creating or providing for an international interest in an aircraft object, or any contract of sale of an aircraft object, where insolvency proceedings were commenced against the debtor of the agreement pursuant to —

(a)

a bankruptcy application under section 57 or 58 of the Bankruptcy Act made before that date;

(b)

an order for winding up of a company made under section 216(2)(f) of the Companies Act before that date;

(c)

an application for winding up made under section 253 of the Companies Act before that date;

(d)

an application made before that date for the winding up of an unregistered company under section 351 of the Companies Act;

(e)

a voluntary winding up that commenced within the meaning of section 291(6) of the Companies Act before that date;

(f)

an application for winding up arising from a notice of commencement of liquidation or dissolution proceedings in the debtor’s place of incorporation or origin that was lodged under section 377(2)(a) of the Companies Act before that date;

(g)

an application for winding up arising from an application made before that date for recognition of a foreign proceeding under Article 15(1) of the Tenth Schedule to the Companies Act; or

(h)

an application for a judicial management order under section 227B of the Companies Act made before that date.

Subregulation 3

Despite section 484(c) of the Act, section 4(10) and (11) read with section 4(12) of the International Interests in Aircraft Equipment Act as in force immediately before 30 July 2020 continues to apply to or in relation to any security agreement, title reservation agreement or leasing agreement creating or providing for an international interest in an aircraft object, or any contract of sale of an aircraft object, where insolvency proceedings were commenced against the debtor of the agreement pursuant to —

(a)

a bankruptcy application under section 57 or 58 of the Bankruptcy Act made before that date;

(b)

an application for an interim order under section 45 of the Bankruptcy Act made before that date;

(c)

an order for winding up of a company made under section 216(2)(f) of the Companies Act before that date;

(d)

an application for winding up made under section 253 of the Companies Act before that date;

(e)

an application made before that date for the winding up of an unregistered company under section 351 of the Companies Act;

(f)

a voluntary winding up that commenced within the meaning of section 291(6) of the Companies Act before that date;

(g)

an application for winding up arising from a notice of commencement of liquidation or dissolution proceedings in the debtor’s place of incorporation or origin that was lodged under section 377(2)(a) of the Companies Act before that date;

(h)

an application for winding up arising from an application made before that date for recognition of a foreign proceeding under Article 15(1) of the Tenth Schedule to the Companies Act;

(i)

an application made before that date under section 210(1) or 211I(1) of the Companies Act for the approval of the Court in relation to a compromise or an arrangement; or

(j)

an application for a judicial management order under section 227B of the Companies Act made before that date.