Prescribed actions for section 39J(2)(b) of Act
11.  The following actions, in relation to the subject failure, are prescribed for the purposes of section 39J(2)(b) of the Act:
(a)the commencement or continuation of an action in a court against the developer or the developer’s guarantor or surety (including by amending the pleadings for any such action already commenced to include the subject failure in the action or claim for the subject failure);
(b)the commencement or continuation of any arbitral proceedings under the Arbitration Act 2001 against the developer or the developer’s guarantor or surety (including by amending the pleadings for any such proceedings already commenced to include the subject failure in the proceedings or claim for the subject failure);
[S 150/2023 wef 31/12/2021]
(c)the enforcement of any security over any immovable property;
(d)the enforcement of any security over any movable property used for the purpose of a trade, business or profession;
(e)the making of an application under section 210(1) of the Companies Act 1967 for a meeting of creditors to be summoned to approve a compromise or an arrangement in relation to the developer or the developer’s guarantor or surety;
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(f)the making of an application for a judicial management order in relation to the developer or the developer’s guarantor or surety;
(g)the making of an application for the winding up of the developer or the developer’s guarantor or surety;
(h)the making of a bankruptcy application against the developer or the developer’s guarantor or surety;
(i)the appointment of a receiver or manager over any property or undertaking of the developer or the developer’s guarantor or surety;
(j)the commencement or levying of execution, distress or other legal process against any property of the developer or the developer’s guarantor or surety, except with the leave of the court and subject to such terms as the court imposes;
(k)the repossession of any goods used for the purpose of a trade, business or profession under the affected agreement in question;
(l)the termination of the affected agreement in question;
(m)the enforcement against the developer or the developer’s guarantor or surety of a judgment of a court, or an award made by an arbitral tribunal in arbitral proceedings conducted under the Arbitration Act 2001.
[S 150/2023 wef 31/12/2021]