Singapore legislation
Regulation 66
of Insolvency, Restructuring and Dissolution (Personal Insolvency) Rules 2020
Regulation 66
Requirements as to service of statutory demand
Subregulation 1
A creditor making a statutory demand must —
take all reasonable steps to bring the statutory demand to the debtor’s attention; and
make reasonable attempts to effect personal service of the statutory demand.
Subregulation 2
Where a creditor is not able to effect personal service of a statutory demand, the statutory demand may be served by such other means as would be most effective in bringing the statutory demand to the notice of the debtor.
Subregulation 3
Substituted service under paragraph (2) may be effected by any of the following modes:
by posting the statutory demand at the door or some other conspicuous part of the last known place of residence or business of the debtor;
by forwarding the statutory demand to the debtor by prepaid registered post to the last known place of residence, business or employment of the debtor;
where the creditor is unable to effect substituted service in accordance with sub‑paragraph (a) or (b) by reason that the creditor has no knowledge of the last known place of residence, business or employment of the debtor, by advertisement of the statutory demand in one or more local newspapers, in which case the time limited for compliance with the demand starts to run after the date of the publication of the advertisement; (d)such other mode which the Court would have ordered in an application for substituted service of an originating application in the circumstances.
Subregulation 4
Where a statutory demand is to be served out of jurisdiction, the period to be stipulated in the statutory demand for compliance and setting aside of the demand must not be less than the following period after the date on which the demand is served or deemed in accordance with these Rules to be served on the debtor:
in a case where the debtor is served or deemed to be served with a statutory demand during the prescribed period under the COVID‑19 (Temporary Measures) Act 2020 (Act 14 of 2020) — 6 months;
in any other case — 21 days.
Subregulation 5
A creditor must not resort to substituted service of a statutory demand on a debtor unless —
the creditor has taken all such steps which would suffice to justify the Court making an order for substituted service of a bankruptcy application; and
the mode of substituted service would have been such that the Court would have ordered in the circumstances.
Subregulation 6
Where a statutory demand is made against a firm, personal service of the statutory demand is deemed to have been effected on all the partners in the firm if it is served at the principal place of business of the firm in Singapore on —
any one of the partners; or
any person having (at the time of service) control or management of the business of the firm in Singapore.
Subregulation 7
If the creditor is unable to serve the statutory demand on the firm as required under paragraph (6), the creditor may resort to substituted service in accordance with paragraphs (2) to (5) as if the statutory demand is against each of the partners in the firm.