Singapore legislation
Regulation 42
of Insolvency, Restructuring and Dissolution (Saving and Transitional Provisions) Regulations 2020
Regulation 42
Saving and transitional provisions for amendment of Mutual Assistance in Criminal Matters Act
Subregulation 1
Despite section 495(a) of the Act, item 38A of the Second Schedule to the Mutual Assistance in Criminal Matters Act (Cap. 190A) as in force immediately before 30 July 2020 continues to apply to or in relation to an offence under section 340(5) of the Companies Act that is committed in relation to a company that is wound up pursuant to —
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;
an application for winding up arising from 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 for winding up arising from an application made before that date for the recognition of a foreign proceeding under Article 15(1) of the Tenth Schedule to the Companies Act.
Subregulation 2
Despite section 495(c) of the Act, paragraph 13(1) of the Third Schedule to the Mutual Assistance in Criminal Matters Act as in force immediately before 30 July 2020 continues to apply to or in relation to any realisable property of a person who is adjudged bankrupt pursuant to a bankruptcy application made before that date.
Subregulation 3
Despite section 495(c) to (f) of the Act, paragraph 13(2) and (3) of the Third Schedule to the Mutual Assistance in Criminal Matters Act as in force immediately before 30 July 2020 continues to apply to or in relation to any person who is adjudged bankrupt pursuant to a bankruptcy application made before that date.
Subregulation 4
Despite section 495(g) of the Act, paragraph 13(5) of the Third Schedule to the Mutual Assistance in Criminal Matters Act as in force immediately before 30 July 2020 continues to apply to or in relation to any debtor in respect of which an interim receiver is appointed pursuant to a bankruptcy application made against the debtor before that date.
Subregulation 5
Despite section 495(h) of the Act, paragraph 13(6) of the Third Schedule to the Mutual Assistance in Criminal Matters Act as in force immediately before 30 July 2020 continues to apply to or in relation to any amounts payable under a foreign confiscation order made against a person who is adjudged bankrupt pursuant to a bankruptcy application made before that date.
Subregulation 6
Despite section 495(i) of the Act, paragraph 14(3) of the Third Schedule to the Mutual Assistance in Criminal Matters Act as in force immediately before 30 July 2020 continues to apply to or in relation to a company that is wound up pursuant to —
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;
an application for winding up arising from 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 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.
Subregulation 7
Despite section 495(j) of the Act, paragraph 14 of the Third Schedule to the Mutual Assistance in Criminal Matters Act as in force immediately before 30 July 2020, read with the definition of “company” in paragraph 14(5) of the Third Schedule to the Mutual Assistance in Criminal Matters Act as in force immediately before that date, continues to apply to or in relation to a company that is wound up pursuant to —
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;
an application for winding up arising from 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 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.