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 88 of the Insolvency, Restructuring and Dissolution Act 2018 (Act 40 of 2018); and
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(b)in any other case, has the meaning given by section 4(1) of the Companies Act;
“contributory” has the meaning given by section 4(1) of the Companies Act;
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“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;
“creditors’ voluntary winding up” and “members’ voluntary winding up” have the meanings given by section 61(1) of the Insolvency, Restructuring and Dissolution Act 2018;
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“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 179(1) or 180(1) of the Insolvency, Restructuring and Dissolution Act 2018;
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(f)a general meeting of a company and its creditors, in the case of a creditors’ voluntary winding up, under section 179(1) or 180(1) of the Insolvency, Restructuring and Dissolution Act 2018;
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(fa)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 as in force immediately before 30 July 2020, as applied by section 526(1) of the Insolvency, Restructuring and Dissolution Act 2018;
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(fb)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 as in force immediately before 30 July 2020, as applied by section 526(1) of the Insolvency, Restructuring and Dissolution Act 2018;
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(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 in force immediately before 30 July 2020, as applied by section 33(2) or 130(1) of the Variable Capital Companies Act 2018 (Act 44 of 2018) read with section 65(1) of the Variable Capital Companies (Miscellaneous Amendments) Act 2019 (Act 28 of 2019); and
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(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 in force immediately before 30 July 2020, as applied by section 33(2) or 130(1) of the Variable Capital Companies Act 2018 read with section 65(1) of the Variable Capital Companies (Miscellaneous Amendments) Act 2019;
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“sub-fund”, “VCC” or “variable capital company” have the meanings given by section 2(1) of the Variable Capital Companies Act 2018.
3.  [Deleted by S 825/2020 wef 29/09/2020]
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 179(1) or 180(1) of the Insolvency, Restructuring and Dissolution Act 2018;
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(f)general meetings of a company and its creditors, in the case of a creditors’ voluntary winding up, under section 179(1) or 180(1) of the Insolvency, Restructuring and Dissolution Act 2018;
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(fa)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 as in force immediately before 30 July 2020, as applied by section 526(1) of the Insolvency, Restructuring and Dissolution Act 2018;
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(fb)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 as in force immediately before 30 July 2020, as applied by section 526(1) of the Insolvency, Restructuring and Dissolution Act 2018;
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(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 in force immediately before 30 July 2020, as applied by section 33(2) or 130(1) of the Variable Capital Companies Act 2018 read with section 65(1) of the Variable Capital Companies (Miscellaneous Amendments) Act 2019;
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(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 in force immediately before 30 July 2020, as applied by section 33(2) or 130(1) of the Variable Capital Companies Act 2018 read with section 65(1) of the Variable Capital Companies (Miscellaneous Amendments) Act 2019.
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(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 any of the following provisions:
(a)section 210(1) of the Companies Act;
(b)section 115(3)(c), 128(3), 164(6) or 201(1) of the Insolvency, Restructuring and Dissolution Act 2018;
(c)section 227R(3)(c), 257(3), 294(5) or 325(1) of the Companies Act as in force immediately before 30 July 2020, as applied by section 526(1) of the Insolvency, Restructuring and Dissolution Act 2018;
(d)section 227R(3)(c), 257(3), 294(5) or 325(1) of the Companies Act as in force immediately before 30 July 2020, as applied by section 33(2) or 130(1) of the Variable Capital Companies Act 2018 read with section 65(1) of the Variable Capital Companies (Miscellaneous Amendments) Act 2019.
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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 June 2021.
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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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