Singapore legislation

Regulation 5

of Insolvency, Restructuring and Dissolution (Insolvency Practitioners) Regulations 2020

Regulation 5

Application for grant or renewal of insolvency practitioner’s licence

Amended byS 246/2023 wef 01/05/2023S 246/2023 wef 01/05/2023

Subregulation 1

A person who wishes to make an application for the grant or renewal of an insolvency practitioner’s licence must —

(a)

subject to paragraph (4), submit the application using the electronic application service provided by the licensing officer; and

(b)

pay the applicable prescribed fee for the application as follows:

(i)

application for the grant of a licence — $650; (ii)application for the renewal of a licence — $600.

Subregulation 2

An application for the grant or renewal of an insolvency practitioner’s licence must contain —

(a)

the applicant’s full name and contact details;

(b)

the name of the applicant’s employer or, where the applicant is self-employed, the name of the applicant’s business;

(c)

the principal address at which the applicant will be practising;

(d)

documentary proof showing the applicant to be a qualified person within the meaning of section 50(2) of the Act, including —

(i)

in the case of a qualified person who is a solicitor — a copy of a practising certificate issued under section 25 of the Legal Profession Act (Cap. 161); (ii)in the case of a qualified person who is a public accountant — a copy of a certificate of registration issued by the Registrar of Public Accountants under section 12 of the Accountants Act (Cap. 2); or

(iii)

in the case of a qualified person who is a chartered accountant — a copy of a certificate of good standing issued by the Institute of Singapore Chartered Accountants;

(e)

details of the applicant’s membership in any of the following professional bodies, or any other professional body related to the applicant’s qualification:

(i)

The Law Society of Singapore;

(ii)

Institute of Singapore Chartered Accountants; (f)details of the relevant work experience mentioned in paragraph (3); and

(g)

such other information or particulars as may be required by the licensing officer.

Subregulation 3

For the purposes of section 51(4)(b) of the Act, an applicant must have at least one of the following relevant work experience to be eligible for the grant or renewal of a licence:

(a)

the applicant has acted as an insolvency practitioner in relation to a corporation or an individual under the Act or under any corresponding previous law;

(b)

the applicant has assisted another person in that person acting as an insolvency practitioner in relation to a corporation or an individual, under the Act or under any corresponding previous law, for a minimum of 3 continuous years of which 2 years’ experience must be at a supervisory level; (c)the applicant has acted as a solicitor for a creditor or a debtor in relation to a bankruptcy application, or for a creditor or a bankrupt in relation to the administration of any bankruptcy, under the Act or under any corresponding previous law within the last 3 years before the date of the application for a grant of an insolvency practitioner’s licence.

Subregulation 3A

Amended byS 246/2023 wef 01/05/2023

For the purposes of section 51(4)(b) of the Act, an applicant must satisfy all the following requirements to be eligible for the grant or renewal of a licence to act as an insolvency practitioner in relation to a company, or foreign company, that is the subject of any proceedings relating to corporate insolvency, restructuring or dissolution in the Singapore International Commercial Court:

(a)

the applicant holds, and has held for a minimum of 3 continuous years, the equivalent of an insolvency practitioner’s licence in a foreign jurisdiction;

(b)

the applicant has acted as the equivalent of a licensed insolvency practitioner in relation to a corporation under any foreign law, in respect of —

(i)

proceedings relating to corporate insolvency, restructuring or dissolution that are international and commercial in nature; or

(ii)

proceedings relating to corporate insolvency, restructuring or dissolution where relief was sought from a court of a foreign jurisdiction under the Model Law as given effect in that jurisdiction.

Subregulation 4

If the electronic application service is not operating, an application mentioned in paragraph (1)(a) must be made in such written form as the licensing officer may require.

Subregulation 5

The licensing officer may reject any application not made according to this regulation.

Subregulation 6

Amended byS 246/2023 wef 01/05/2023

In this regulation, “Model Law” means the UNCITRAL Model Law on Cross-Border Insolvency adopted by the United Nations Commission on International Trade Law on 30 May 1997.