28.—(1) Every person who intends to appear on the hearing of a winding up application shall serve on the applicant or his solicitor notice of his intention. The notice shall be signed by such person or by his solicitor and shall give the address of the person signing it and shall be served, or if sent by post shall be posted in such time as in the ordinary course of post to reach the address not later than 12 o’clock noon of the day previous to the day appointed for the hearing of the winding up application.
(2) The notice may be in Form 8 set out in the First Schedule with such variations as circumstances may require.
(3) A person who has failed to comply with this rule shall not, without special leave of the Court, be allowed to appear at the hearing of the winding up application.
List of persons intending to appear
29.—(1) The applicant or his solicitor shall prepare a list in Form 9 set out in the First Schedule of the names and addresses of the persons who have given notice of their intention to appear at the hearing of the winding up application and of their respective solicitors.
(2) On the day appointed for hearing the winding up application a fair copy of the list or if no notice of intention to appear has been given, a statement to that effect, shall be handed by the applicant or his solicitor to the Court prior to the hearing of the winding up application.
Affidavits opposing winding up application and affidavits in reply
30.—(1) Affidavits in opposition to an application for the winding up of a company shall be filed and a copy thereof served on the applicant or his solicitor at least 7 days before the time appointed for the hearing of the winding up application.
(2) Any affidavit in reply to an affidavit filed in opposition to a winding up application (including a further affidavit in support of any of the facts alleged in the winding up application) shall be filed within 3 days of the date of service on the applicant or his solicitor of the affidavit in opposition and a copy thereof served on the party opposing the winding up application or his solicitor.
Approved liquidator to be nominated
31.—(1) When filing the winding up application, the applicant may nominate in writing an approved liquidator who may be appointed liquidator if an order for the winding up of the company is made by the Court.
Consent of liquidator
(2) Before the hearing of the winding up application, the applicant or his solicitor shall obtain and file the consent in writing of the approved liquidator nominated.
Attendance on Registrar
32.—(1) After a winding up application has been filed, the applicant or his solicitor shall on a day to be appointed by the Registrar attend before the Registrar and satisfy him that —
(a)
the winding up application has been duly published in the Gazette and advertised;
(b)
the affidavit supporting the winding up application and the affidavit of service, if any, have been duly filed;
(c)
the consent in writing of the approved liquidator nominated by the applicant has been obtained and filed;
(d)
the provisions of these Rules as to winding up applications have been duly complied with; and
(e)
the prescribed sum has been placed with the Official Receiver to cover the fees and expenses to be incurred by the approved liquidator or the Official Receiver (including any goods and services tax chargeable under the Goods and Services Tax Act (Cap. 117A) on the supply of services to which those fees or expenses relate).
[S 654/2011 wef 01/01/2012]
(2) No order, except an order for the dismissal or adjournment of the winding up application, shall be made on the application of any person making the winding up application who has not, prior to the hearing of the winding up application, attended before the Registrar at the time appointed and satisfied him in the manner required by this rule.
(3) For the purposes of this rule, the prescribed sum referred to in paragraph (1)(e) shall be an amount equal to the sum of —
(a)
the preliminary administration fee specified in the second column of item (1) of the Schedule to the Fees (Winding up and Dissolution of Companies and Other Bodies) Order 2005 (G.N. No. S 58/2005); and
(b)
the administration fee specified in the second column of item (2) of the Schedule to the Fees (Winding up and Dissolution of Companies and Other Bodies) Order 2005.
[S 654/2011 wef 01/01/2012]
(4) The prescribed sum shall, after deducting such amount as may be required for the payment of the fees and expenses of the approved liquidator or the Official Receiver due to insufficiency of the assets of the company for such payment, be repaid to the applicant.
[S 654/2011 wef 01/01/2012]
Substitution of any person as applicant
33.—(1) When an applicant is not entitled to make a winding up application or, whether so entitled or not, where he —
(a)
fails to take all the steps prescribed by these Rules preliminary to the hearing of the winding up application;
(b)
consents to withdraw his winding up application or to allow it to be dismissed or the hearing to be adjourned; or
(c)
fails to appear in support of his winding up application when it is called on in Court on the day originally fixed for the hearing thereof or on any day to which the hearing has been adjourned or if appearing does not apply for an order in terms of the prayer of his winding up application,
the Court may, upon such terms as it thinks just, substitute as applicant any person who, in the opinion of the Court, would have a right to make the winding up application and who is desirous of proceeding with the winding up application.
(2) An order to substitute an applicant may, where an applicant fails to advertise his winding up application within the time prescribed by or under these Rules or consents to withdraw his winding up application, be made by the Registrar or the Court at any time before the date fixed for the hearing of the winding up application.
Notice of winding up order
34.—(1) When an order is made for the winding up of a company the applicant shall immediately inform the liquidator of the making thereof in Form 10 set out in the First Schedule and within 14 days of the pronouncement thereof publish in the Gazette and advertise a notice of the making of the order in Form 11 set out in the First Schedule.
Service of copy of winding up order
(2) Unless otherwise directed by the Court, the copy of the winding up order required by section 262(2) of the Act to be served upon the secretary of the company may be served either personally or by prepaid letter addressed to such secretary at the registered office of the company (if any) or, if there is no such registered office, at its principal or last known place of business.
Notice at foot of every winding up order
(3) An order to wind up a company in Form 12 set out in the First Schedule shall contain at the foot thereof a notice stating that it will be the duty of the persons mentioned in section 270(2) of the Act to make out the company’s statement of affairs and to attend on the liquidator at such time and place as he may appoint.
Order appointing provisional liquidator
35.—(1) At any time after the making of a winding up application, the Court may, upon the application of any creditor or contributory of the company and upon proof by affidavit of sufficient ground for the appointment of a provisional liquidator, make the appointment upon such terms as the Court shall think just or necessary.
Contents of order
(2) An order appointing a provisional liquidator under section 267 of the Act shall be in Form 13 set out in the First Schedule and shall state the nature and give a short description of the property which the provisional liquidator is ordered to take possession and the duties to be performed by him.