Singapore legislation

Regulation 90

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

Regulation 90

Bankruptcy application by licensed moneylender

Subregulation 1

In addition to the other requirements in these Rules, a licensed moneylender licensed under the Moneylenders Act (Cap. 188) making a bankruptcy application against a debtor based on a debt arising from one or more loans granted by the licensed moneylender as a licensed moneylender must prove the debt by an affidavit —

(a)

incorporating a statement setting out in detail the particulars set out in paragraph (2) in respect of each loan; and (b)exhibiting a copy of the note of contract (duly signed as required under section 20(1)(a) of the Moneylenders Act) for each loan.

Subregulation 2

The particulars for the purposes of paragraph (1)(a) are as follows:

(a)

the date on which the loan was made;

(b)

the amount actually lent under the contract for the loan;

(c)

the rate per cent per annum of interest charged;

(d)

the date when the contract for repayment was made;

(e)

the fact that a note of the contract was made and was signed by the debtor;

(f)

the date when a copy of the note was delivered or sent to the debtor;

(g)

the amount repaid;

(h)

the amount due but unpaid;

(i)

the date upon which such unpaid sum or sums became due;

(j)

the amount of interest accrued due and unpaid on every such sum;

(k)

the form in which the money was lent.

Subregulation 3

A reference in paragraph (1) to a licensed moneylender making a bankruptcy application is a reference to a person who, at the time each loan mentioned in paragraph (1)(b) is granted, is a licensed moneylender, whether or not the person continues to be so licensed at the time that the bankruptcy application is made by the person.