Singapore legislation
Regulation 38
of Insolvency, Restructuring and Dissolution (Saving and Transitional Provisions) Regulations 2020
Regulation 38
Saving and transitional provisions for amendment of Maritime and Port Authority of Singapore Act
Subregulation 1
Despite section 491(a) of the Act, the definition of “indirect controller” in section 86A(1) of the Maritime and Port Authority of Singapore Act (Cap. 170A) as in force immediately before 30 July 2020, read with the definition of “officer” in section 86A(1) of the Maritime and Port Authority of Singapore Act as in force immediately before that date, continues to apply to or in relation to any designated public licensee, designated business trust or designated equity interest holder, in respect of which a judicial manager is appointed under Part VIIIA of the Companies Act pursuant to an application for a judicial management order made before that date.
Subregulation 2
For the purposes of section 491(b) of the Act, the reference to the Official Receiver in the definition of “liquidator” in section 86A(1) of the Maritime and Port Authority of Singapore Act as in force immediately before 30 July 2020 is to be read as a reference to the Official Receiver within the meaning given by section 2(1) of the Act.
Subregulation 3
Despite section 491(d) of the Act, section 88(4)(b) of the Maritime and Port Authority of Singapore Act as in force immediately before 30 July 2020 continues to apply to or in relation to a relevant public licensee in respect of which an application for a judicial management order was made before that date under the Companies Act.
Subregulation 4
Section 491(e) and (f) of the Act does not apply to or in relation to any application under section 210 of the Companies Act made before 30 July 2020 in relation to a company that is a relevant public licensee.
Subregulation 5
Despite section 491(f) of the Act, section 88(5) of the Maritime and Port Authority of Singapore Act as in force immediately before 30 July 2020 continues to apply to or in relation to any proceedings relating to the winding up of a company that is a relevant public licensee, being proceedings arising from —
an order for winding up of the company made under section 216(2)(f) of the Companies Act before that date;
an application for winding up made under section 253 of the Companies Act before that date;
an application made before that date for the winding up of an unregistered company under section 351 of the Companies Act;
a voluntary winding up that commenced within the meaning of section 291(6) of the Companies Act before that date;
a notice of commencement of liquidation or dissolution proceedings in its place of incorporation or origin that was lodged under section 377(2)(a) of the Companies Act before that date; or
an application made before that date for recognition of a foreign proceeding under Article 15(1) of the Tenth Schedule to the Companies Act.
Subregulation 6
Despite section 491(g) of the Act, section 88(7) of the Maritime and Port Authority of Singapore Act as in force immediately before 30 July 2020 continues to apply to or in relation to a company that is a relevant public licensee in respect of which an application under section 88(1) of the Maritime and Port Authority of Singapore Act was made before that date.