COVID‑19 (Temporary Measures) (Alternative Arrangements for Meetings) (Corporate Insolvency) Order 2020

Status:

Published in Subsidiary Legislation Supplement
on 27 Apr 2020

No. S 326

COVID-19 (Temporary Measures) Act 2020

(ACT 14 OF 2020)

COVID‑19 (Temporary Measures)
(Alternative Arrangements for Meetings)
(Corporate Insolvency) Order 2020

In exercise of the powers conferred by section 27 of the COVID‑19 (Temporary Measures) Act 2020, the Minister for Law makes the following Order:

Citation and commencement

1. This Order is the COVID‑19 (Temporary Measures) (Alternative Arrangements for Meetings) (Corporate Insolvency) Order 2020 and is deemed to have come into operation on 27 March 2020.

Definitions

2. In this Order, unless the context otherwise requires —

“company” —

(a)	in relation to a meeting in respect of a judicial management of a company, has the meaning given by section 227AA of the Companies Act (Cap. 50); and
(b)	in any other case, has the meaning given by section 4(1) of the Companies Act;

“contributory”, “creditors’ voluntary winding up” and “members’ voluntary winding up” have the meanings given by section 4(1) of the Companies Act;

“convenor” means —

(a)	in relation to a meeting in respect of a winding up of a company, limited liability partnership or VCC — a liquidator; and
(b)	in relation to a meeting in respect of a judicial management of a company — a judicial manager;

“electronic means” means electronic communication, video conferencing, tele‑conferencing or other electronic means;

“limited liability partnership” and “partner” have the meanings given by the Limited Liability Partnerships Act (Cap. 163A);

“meeting” means —

(a)	a meeting of creditors of a company placed under the judicial management of a judicial manager;
(b)	a meeting of creditors of a company in respect of a creditors’ voluntary winding up or members’ voluntary winding up of the company;
(c)	a meeting of creditors and contributories of a company in respect of a winding up of the company by the High Court;
(d)	a meeting of a committee of inspection in respect of a winding up of a company by the High Court;
(e)	a general meeting of a company, in the case of a members’ voluntary winding up, under section 307(1) or 308(1) of the Companies Act;
(f)	a general meeting of a company and its creditors, in the case of a creditors’ voluntary winding up, under section 307(1) or 308(1) of the Companies Act;
(g)	a meeting of creditors of a limited liability partnership in respect of a creditors’ voluntary winding up or partners’ voluntary winding up of the limited liability partnership;
(h)	a meeting of creditors and partners of a limited liability partnership in respect of a winding up of the limited liability partnership by the High Court;
(i)	a meeting of a committee of inspection in respect of a winding up of a limited liability partnership by the High Court;
(j)	a meeting of the partners of a limited liability partnership or a general meeting of a limited liability partnership, in the case of a partners’ voluntary winding up, under paragraph 54(1) or 55(1) of the Fifth Schedule to the Limited Liability Partnerships Act;
(k)	a meeting of the partners and creditors of a limited liability partnership or a meeting of a limited liability partnership and its creditors, in the case of a creditors’ voluntary winding up, under paragraph 54(1) or 55(1) of the Fifth Schedule to the Limited Liability Partnerships Act;
(l)	a meeting of creditors of a VCC, or a sub‑fund, in respect of a voluntary winding up of the VCC or sub‑fund;
(m)	a meeting of creditors and contributories of a VCC, or a sub‑fund, in respect of a winding up of the VCC or sub‑fund by the High Court;
(n)	a meeting of a committee of inspection in respect of a winding up of a VCC or sub‑fund by the High Court;
(o)	a general meeting of a VCC, in the case of a members’ voluntary winding up, under section 307(1) or 308(1) of the Companies Act as applied by section 33(2) or 130(1) of the Variable Capital Companies Act 2018 (Act 44 of 2018); and
(p)	a general meeting of a VCC and its creditors, in the case of a creditors’ voluntary winding up, under section 307(1) or 308(1) of the Companies Act as applied by section 33(2) or 130(1) of the Variable Capital Companies Act 2018;

“sub-fund”, “VCC” or “variable capital company” have the meanings given by section 2(1) of the Variable Capital Companies Act 2018.

Control measures

3. This Order is made in respect of the following control measures:

(a)	the COVID‑19 (Temporary Measures) (Control Order) Regulations 2020 (G.N. No. S 254/2020);
(b)	the Infectious Diseases (Measures to Prevent Spread of COVID‑19) Regulations 2020 (G.N. No. S 185/2020).

Application

4.—(1) This Order sets out the alternative arrangements to personal attendance in respect of the following classes of meetings:

(a)	meetings of creditors of a company placed under the judicial management of a judicial manager;
(b)	meetings of creditors of a company in respect of a creditors’ voluntary winding up or members’ voluntary winding up of the company;
(c)	meetings of creditors and contributories of a company in respect of a winding up of the company by the High Court;
(d)	meetings of committees of inspection in respect of a winding up of a company by the High Court;
(e)	general meetings of a company, in the case of a members’ voluntary winding up, under section 307(1) or 308(1) of the Companies Act;
(f)	general meetings of a company and its creditors, in the case of a creditors’ voluntary winding up, under section 307(1) or 308(1) of the Companies Act;
(g)	meetings of creditors of a limited liability partnership in respect of a creditors’ voluntary winding up or partners’ voluntary winding up of the limited liability partnership;
(h)	meetings of creditors and partners of a limited liability partnership in respect of a winding up of the limited liability partnership by the High Court;
(i)	meetings of a committee of inspection in respect of a winding up of a limited liability partnership by the High Court;
(j)	meetings of the partners of a limited liability partnership and general meetings of a limited liability partnership, in the case of a partners’ voluntary winding up, under paragraph 54(1) or 55(1) of the Fifth Schedule to the Limited Liability Partnerships Act;
(k)	meetings of the partners and creditors of a limited liability partnership and meetings of a limited liability partnership and its creditors, in the case of a creditors’ voluntary winding up, under paragraph 54(1) or 55(1) of the Fifth Schedule to the Limited Liability Partnerships Act;
(l)	meetings of creditors of a VCC, or a sub‑fund, in respect of a voluntary winding up of the VCC or sub‑fund;
(m)	meetings of creditors and contributories of a VCC, or a sub‑fund, in respect of a winding up of the VCC or sub‑fund by the High Court;
(n)	meetings of a committee of inspection in respect of a winding up of a VCC or sub‑fund by the High Court;
(o)	general meetings of a VCC, in the case of a members’ voluntary winding up, under section 307(1) or 308(1) of the Companies Act as applied by section 33(2) or 130(1) of the Variable Capital Companies Act 2018;
(p)	general meetings of a VCC and its creditors, in the case of a creditors’ voluntary winding up, under section 307(1) or 308(1) of the Companies Act as applied by section 33(2) or 130(1) of the Variable Capital Companies Act 2018.

(2) To avoid doubt, this Order does not apply to any meeting held pursuant to an order or a direction of, or held in a manner determined by, the High Court under section 210(1), 227R(3)(c), 257(3), 294(5) or 325(1) of the Companies Act, including any of those provisions applied by the Variable Capital Companies Act 2018.

Alternative arrangements for meetings

5.—(1) The alternative arrangements for the convening, holding, conducting or deferral of a meeting to which this Order applies set out in the second column of the Schedule apply in respect of the provisions of any written law relating to such a meeting set out in the first column of that Schedule.

(2) The alternative arrangements apply for the period starting on 27 March 2020 and ending on 30 September 2020.

Made on 27 April 2020.

LOH KHUM YEAN

Permanent Secretary,
Ministry of Law,
Singapore.

[LAW 63/009 COVID Relief-V1; AG/LEGIS/SL/65C/2020/1 Vol. 1]

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