Insolvency, Restructuring and Dissolution (Corporate Insolvency and Restructuring) Rules 2020
Table of Contents
Enacting Formula
Part 1 PRELIMINARY
1 Citation and commencement
2 Definitions
3 Application
4 Practice directions
Part 2 GENERAL PROVISIONS
5 Office of Registrar
6 Matters to be heard in court and chambers
7 Adjournment from chambers to court and vice versa, etc.
8 Manner of making applications, etc.
9 Title of proceedings
10 Issue of originating process and process to be sealed
11 Duration and renewal of originating application for purpose of service
12 Service of application
13 Personal service
14 Length of notice
15 Notice to be served on all proper parties
16 Adjournment
17 Court may give directions as to proceedings to be taken
18 Evidence by affidavit
19 Filing and service of affidavit
20 Affidavit filed out of time
21 Scandalous, irrelevant or oppressive matter
22 Form of security
23 Orders to attend court
24 Service of order to attend court
25 Tender of expenses
26 Order for examination
27 Letters of request
28 Production of documents
29 Orders
30 Production of documents for settling orders
31 Enforcement of judgments or orders
32 Mode of service
33 Service by and on solicitor
34 Time of service
35 Officers to effect service
36 Service by post
37 Procedure on appeal
38 Publication in Gazette and newspaper
39 Memorandum to be filed following publication
40 Records of proceedings
41 Use of record of proceedings by Official Receiver
Part 3 SCHEMES OF ARRANGEMENT
42 Definitions of this Part
43 Application to Court under section 68(9)(b) of Act by requesting creditor
44 Application to Court under section 68(9)(b) of Act by opposing party
45 Application to Court for order on remuneration of independent assessor
46 Notices of disagreement
Part 4 JUDICIAL MANAGEMENT
47 Definitions of this Part
48 Form of application for judicial management order
49 Filing of application for judicial management order
50 Notice of application for judicial management order
51 Service of application for judicial management order
52 Copy of application and supporting affidavit to be provided to creditor or member
53 Notice of intention to appear at hearing of application for judicial management order
54 List of persons intending to appear at hearing of application for judicial management order
55 Affidavits opposing making of judicial management order, etc., and affidavits in reply
56 Attendance before Registrar
57 Substitution of any person as applicant for judicial management order
58 Notice at foot of every judicial management order
59 Procedure where creditor appeals
60 Costs of appeal against rejection
61 Proof of notice of creditors’ meeting
62 Application under section 113 of Act
Part 5 WINDING UP
63 Form of winding up application
64 Deposit to Official Receiver
65 Filing of winding up application
66 Publication of notice of winding up application
67 Affidavit supporting winding up application
68 Service and affidavit of service of winding up application
69 Copy of winding up application and supporting affidavit to be provided to creditor or contributory
70 Notice of intention to appear at hearing of winding up application
71 List of persons intending to appear at hearing of winding up application
72 Affidavits opposing winding up application and affidavits in reply
73 Attendance before Registrar
74 Substitution of any person as applicant of winding up application
75 Winding up application made on ground specified in section 125(1)(i) of Act
76 Notice and service of winding up order
77 Consent of provisional liquidator
78 Form of order appointing provisional liquidator
79 Notice of appointment of liquidator
80 Appointment of liquidator on resolution of separate meetings of creditors and contributories
81 Report or further report by liquidator
82 Consideration of further report
83 Report by liquidator on arrangement or compromise
84 Appointment of committee of inspection on resolution of separate meetings of creditors and contributories
85 Application of Division as to meetings
86 Advertisement of notice of meetings under section 134(b) of Act
87 Notice of meetings under section 134(b) of Act
88 Summary of statement of affairs
89 Liquidator’s meetings of creditors and contributories
90 Summoning of meetings of creditors and contributories
91 Place of meeting of creditors or contributories
92 Costs of summoning meeting of creditors or contributories
93 Chairperson of meeting of creditors or contributories
94 Ordinary resolution of creditors or contributories
95 Quorum
96 Adjournment
97 Creditors entitled to vote
98 Cases in which creditors may not vote
99 Votes of secured creditors
100 Secured creditor required to give up security
101 Admission and rejection of proofs for purpose of voting
102 Minutes of meeting
103 Proxies
104 Form of instrument of proxy
105 Form of instrument of proxy to be sent with notice of meeting
106 Special proxy
107 Solicitation by liquidator to obtain proxies
108 Proxy to liquidator
109 Holder of proxy not to vote on financially interested matter
110 Time for lodgment of instrument of proxy
111 Use of proxy by person appointed by Official Receiver
112 Proxy of creditor who is blind or incapable of writing
113 Liquidator to settle list of contributories
114 Appointment of time and place for settlement of list
115 Provisional list of contributories
116 Settlement of list of contributories
117 Notice to contributories
118 Application to Court to vary list
119 Variation of list of contributories
120 Contributories listed may attend proceedings
121 Liquidator to make calls
122 Application to Court for permission to make call
123 Document making call
124 Service of notice of call
125 Enforcement of call
126 Liquidator to collect and distribute assets of company
127 Power of liquidator to require delivery of property
128 Appointment of special manager
129 Accounting by special manager
130 Application of Division
131 Notice to creditors to prove
132 Appeal by creditor
133 Expunging at instance of liquidator or creditor
134 Application of Division
135 Application to Court to fix remuneration of liquidator
136 Court order setting aside purchase by liquidator or member of committee of inspection
137 Cost of obtaining permission or sanction of Court
138 Sanction of payments to committee
139 Application for special bank account
140 Payments into and out of special bank account
141 Notice of liquidator’s intention to apply for release, etc.
142 Resignation of liquidator
143 Judge may order transfer of pending actions
144 Powers of Court
145 Rules of Court to apply
146 Application of rules 147 to 156
147 Assessment of costs, charges or expenses payable by liquidator
148 Bill of costs, charges or expenses to be assessed generally
149 Notice of appointment to assess
150 Copy of bill of costs, charges or expenses to be furnished to liquidator
151 Attendance at assessment
152 Certificate of assessment
153 Certificate as to special terms of remuneration, etc.
154 Liquidator’s charges
155 Application for costs
156 Costs ordered by Court or Judge to be paid by company, etc.
157 Application of Division
158 Attendance of liquidator
159 Disposal of books
Part 6 EXAMINATIONS
160 Application for examination under section 188 of Act
161 Application to Court under section 244(1) of Act
162 Notice of appointment to appear
163 Proceedings under section 244 of Act
164 Attendance of applicant and other persons
165 Form of warrant under section 244(3) of Act
166 Filing of notes of deposition
Part 7 DISCLAIMER OF ONEROUS PROPERTY
167 Application in relation to section 230(4)(b)(ii) of Act
168 Application to dispense with service of copy of notice of disclaimer
169 Application under section 232(2) of Act
Part 8 APPLICATIONS UNDER SECTION 440(4) OF ACT
170 Manner of application, etc.
Part 9 COST SCHEDULES BY CERTAIN OFFICEHOLDERS
171 Definitions of this Part
172 Application of this Part
173 Requirement for approved cost schedule when filing application for approval, etc., of remuneration
174 Failure to obtain approval of cost schedule
175 Submission of cost schedule to approving body by order of Court
176 Application to vary or review remuneration of liquidator in approved cost schedule
Part 10 MISCELLANEOUS MATTERS
177 Extension or abridgment of time
178 Defect or irregularity in appointment or election of officeholders
179 Application to set aside for irregularity
180 Fees payable to Court