Insolvency, Restructuring and Dissolution (Bankruptcy) Regulations 2020

No. S 587

Insolvency, Restructuring
and Dissolution Act 2018

(ACT 40 OF 2018)

Insolvency, Restructuring and Dissolution
(Bankruptcy) Regulations 2020

In exercise of the powers conferred by section 449 of the Insolvency, Restructuring and Dissolution Act 2018, the Minister for Law makes the following Regulations:

PART 1

PRELIMINARY

Citation and commencement

1. These Regulations are the Insolvency, Restructuring and Dissolution (Bankruptcy) Regulations 2020 and come into operation on 30 July 2020.

Definitions

2.—(1) In these Regulations, unless the context otherwise requires —

“Bankruptcy Estates Account” means the Bankruptcy Estates Account kept by the Official Assignee under section 28 of the Act;

“Court” includes the Registrar when exercising the powers of the General Division of the High Court under the Act or the Personal Insolvency Rules;

[S 1049/2020 wef 02/01/2021]

“creditor’s bankruptcy application” includes a bankruptcy application made under section 287 of the Act by a nominee of a voluntary arrangement under Part 14 of the Act or a creditor bound by such voluntary arrangement;

“estate”, in relation to a trustee, means the estate of a bankrupt that is being or that has been administered by the trustee;

“Filing of Documents Regulations” means the Insolvency, Restructuring and Dissolution (Filing, Lodgment and Submission of Documents) Regulations 2020 (G.N. No. S 586/2020);

“Personal Insolvency Rules” means the Insolvency, Restructuring and Dissolution (Personal Insolvency) Rules 2020 (G.N. No. S 585/2020).

(2) In these Regulations, any reference to the Official Assignee does not include a reference to a trustee in bankruptcy, and any reference to a trustee in bankruptcy does not include a reference to the Official Assignee.

(3) In these Regulations —

(a)

any reference to Part 3 of the Act is a reference to only those provisions in —

(i)	Division 1 of that Part concerning the Official Assignee; and
(ii)	Division 2 of that Part; and

(b)

any reference to Part 22 of the Act is a reference to that Part only in the case of a debtor who is an individual.

Forms

3. The Forms to be used for the purposes of these Regulations are those set out on the Internet website of the Ministry of Law at https://www.mlaw.gov.sg, and any reference in these Regulations to a numbered form (where such number may include alphanumeric characters) is to be construed as a reference to the current version of the form bearing the corresponding number which is displayed at that website.

Notices to be in writing

4. All notices required to be given by Part 3 or Parts 13 to 22 of the Act or these Regulations must be in writing, unless the Court otherwise orders.

Proof of posting of notice by Official Assignee

5. Where, by any provision of Part 3 or Parts 13 to 22 of the Act or these Regulations, any notice is required to be sent by the Official Assignee, the sending of the notice may be proved by a signed statement, by the Official Assignee or any officer appointed under section 16(4)(a) of the Act who sent it, that the notice was duly sent.

Made on 16 June 2020.

LOH KHUM YEAN

Permanent Secretary,
Ministry of Law,
Singapore.

[LAW 06/011/004; AG/LEGIS/SL/142B/2015/7 Vol. 1]

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