Singapore legislation

Regulation 73

of Insolvency, Restructuring and Dissolution (Personal Insolvency) Rules 2020

Regulation 73

Bankruptcy application based on statutory demand

Subregulation 1

Where a creditor’s bankruptcy application is based on non-compliance with a statutory demand, the affidavit supporting the application must state the following:

(a)

the date and manner of service of the statutory demand; (b)that to the best of the creditor’s knowledge and belief, the statutory demand has neither been complied with nor set aside;

(c)

that to the best of the creditor’s knowledge and belief, no application to set the statutory demand aside is pending.

Subregulation 2

No creditor’s bankruptcy application based on non-compliance with a statutory demand may be made —

(a)

in a case where the statutory demand was served or deemed served in accordance with these Rules during the prescribed period under the COVID‑19 (Temporary Measures) Act 2020 — if more than 9 months have elapsed since the date on which the demand was served or deemed served; or

(b)

in any other case — if more than 4 months have elapsed since the date on which the statutory demand was served or deemed served in accordance with these Rules.