Insolvency, Restructuring and Dissolution (Filing, Lodgment and Submission of Documents) Regulations 2020

The forms to be used for the purposes of these Regulations —

Where such forms are applicable, any costs occasioned by the use of any other forms that are not prescribed must, unless the Court otherwise directs, be borne by the party using such other forms.

Except as provided in paragraph (2) or as the Official Receiver otherwise requires or permits, a person seeking to carry out any transaction with the Official Receiver under the Act must do so using the electronic filing system on the electronic filing form provided for that purpose and in accordance with these Regulations, and any practice circular or practice direction issued by the Official Receiver.

If a transaction mentioned in paragraph (1) cannot be carried out using the electronic filing system (whether because of a failure or unavailability of or interruption to the electronic filing system or otherwise), the person seeking to carry out the transaction must do so —

The Official Receiver may refuse to process a transaction if the person seeking to carry out the transaction with the Official Receiver —

To avoid doubt, a reference to a refusal to process a transaction with the Official Receiver in paragraph (3) includes, where the transaction relates to the filing or lodgment of a document with the Official Receiver, a refusal to accept the document for filing or lodgment.

This regulation applies subject to regulations 23 and 24.

Without affecting regulation 7(3) and (4), any application, request or document transmitted by means of the electronic filing system is considered to have been submitted to and received by the Official Receiver if the last byte of the transmission is received by the server designated by the Official Receiver for the receipt of such transmissions.

A person who files or lodges with the Official Receiver any application, request or document by means of the electronic filing system may produce a record of transmission issued through the electronic filing system together with a copy of the notification of acceptance of the transmission by the Official Receiver as evidence of —

Any document that is to accompany a form to be filed or lodged with the Official Receiver must —

Without limiting paragraph (1), a direction specified by the Official Receiver or in the form may provide for the format in which the document is to be filed or lodged.

Except as provided in paragraph (2) or as the Official Assignee otherwise requires or permits, a person seeking to carry out any transaction with the Official Assignee under the Act must do so using the electronic filing system on the electronic filing form provided for that purpose and in accordance with these Regulations, and any practice circular or practice direction issued by the Official Assignee.

If a transaction mentioned in paragraph (1) cannot be carried out using the electronic filing system (whether because of a failure or unavailability of or interruption to the electronic filing system or otherwise), the person seeking to carry out the transaction must do so —

The Official Assignee may refuse to process a transaction if the person seeking to carry out the transaction with the Official Assignee —

To avoid doubt, a reference to a refusal to process a transaction with the Official Assignee in paragraph (3) includes, where the transaction relates to the filing or lodgment of a document with the Official Assignee, a refusal to accept the document for filing or lodgment.

Without affecting regulation 12(3) and (4), any application, request or document transmitted by means of the electronic filing system is considered to have been submitted to and received by the Official Assignee if the last byte of the transmission is received by the server designated by the Official Assignee for the receipt of such transmissions.

A person who files or lodges with the Official Assignee any application, request or document by means of the electronic filing system may produce a record of transmission issued through the electronic filing system together with a copy of the notification of acceptance of the transmission by the Official Assignee as evidence of —

Any document that is to accompany a form to be filed or lodged with the Official Assignee must —

Without limiting paragraph (1), a direction specified by the Official Assignee or in the form may provide for the format in which the document is to be filed or lodged.

Except as provided in paragraph (2) or as the Registrar of Companies otherwise requires or permits, a person seeking to carry out any transaction with the Registrar of Companies under the Act must do so —

If a transaction mentioned in paragraph (1) cannot be carried out using the electronic transaction system (whether because of a failure or unavailability of or interruption to the electronic transaction system), the person seeking to carry out the transaction must do so in any form and manner determined by the Registrar of Companies.

The Registrar of Companies may refuse to process a transaction if the person seeking to carry out the transaction with the Registrar of Companies —

To avoid doubt, a reference to a refusal to process a transaction with the Registrar of Companies in paragraph (3) includes, where the transaction relates to the filing or lodging of a document with the Registrar of Companies, a refusal to accept the document for filing or lodgment.

Without affecting regulation 16(3) and (4), any application, request or document transmitted by means of the electronic transaction system is considered to have been submitted to and received by the Registrar of Companies if the last byte of the transmission is received by the server designated by the Registrar of Companies for the receipt of such transmissions.

A person who files or lodges with the Registrar of Companies any application, request or document by means of the electronic transaction system may produce a record of transmission issued through the electronic transaction system together with a copy of the notification of acceptance of the transmission by the Registrar of Companies as evidence of —

Any document that is to accompany a form to be filed or lodged with the Registrar of Companies must —

Without limiting paragraph (1), a direction specified by the Registrar of Companies or in the form may provide for the format in which the document is to be filed or lodged.

For the purposes of section 265 of the Act, “certified translation” means a translation that —

The Official Receiver or the Registrar of Companies (as the case may be) may, before accepting a translation for lodgment, require the person lodging the translation to provide to the Official Receiver or the Registrar of Companies (as the case may be) any evidence that the Official Receiver or the Registrar of Companies (as the case may be) thinks sufficient of the ability of the person by whom the translation is made to make the translation.

In this regulation, “Singapore consular officer” means a Consul or a person performing consular functions on behalf of the Government.

Except as otherwise provided in the Act, any subsidiary legislation made under the Act or in any form, an affidavit or a statutory declaration sworn or declared on behalf of a corporation for the purposes of the Act or any subsidiary legislation made under the Act must be sworn or declared by a director or the secretary of the corporation.

Where an affidavit or a statutory declaration prescribed by the Act or any subsidiary legislation made under the Act purports to be sworn or declared at a place outside Singapore, the affidavit or statutory declaration is sufficient for the purposes of the Act or the subsidiary legislation if it purports to be sworn or declared in accordance with the requirements of the law of that place.