Insolvency, Restructuring and Dissolution (Composition of Offences) Regulations 2020

Status:

Current version
as at 21 Nov 2024

No. S 618

Insolvency, Restructuring
and Dissolution Act 2018

(ACT 40 OF 2018)

Insolvency, Restructuring and Dissolution
(Composition of Offences) 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:

Citation and commencement

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

Compoundable offences under section 60 of Act

2. An offence (other than a continuing offence) under section 57(5) or 58(3) of the Act may be compounded by the licensing officer in accordance with section 60(1) of the Act.

Compoundable offences under section 271 of Act

3.—(1) The following offences may be compounded by the Official Receiver in accordance with section 271(1) of the Act:

(a)	an offence under section 71(8), 94(14), 166(10), 208(3) or 237(1) of the Act;
(b)	an offence (other than a further offence that is punishable with a default penalty under section 267(1) of the Act) under section 73(4), 81(3), 82(2), 83(4), 84(5), 85(6), 97(3), 100(9), 105(3), 106(4), 108(8), 111(8), 115(6), 132(3), 140(4), 141(5), 148(4), 149(6), 160(3), 165(7), 171(4), 179(3), 180(4), (8) or (9), 182(3), 186(5), 191(4), 192(1) or (2), 194(3) or 211(6) of the Act;
(c)	an offence under section 146(3) of the Act punishable under section 266(2) of the Act;
(d)	an offence (other than a continuing offence) under section 243(3) of the Act;
(e)	an offence under section 266(1) of the Act punishable under section 266(2) of the Act.

(2) The following offences may be compounded by the Registrar of Companies (if so authorised under section 271(3) of the Act) in accordance with section 271(4) of the Act:

(a)	an offence under section 71(8), 94(14) in respect of a contravention of section 94(5)(a), 166(10), 208(3) or 237(1) of the Act;
(b)	an offence (other than a further offence that is punishable with a default penalty under section 267(1) of the Act) under section 73(4), 81(3), 82(2), 83(4) in respect of a contravention of section 83(1)(c)(i), 85(6) in respect of a contravention of section 85(1)(a), 97(3), 100(9) in respect of a contravention of section 100(8), 105(3) in respect of a contravention of section 105(1)(a), 106(4) in respect of a contravention of section 106(6), 108(8), 111(8), 115(6), 132(3), 140(4), 141(5) in respect of a contravention of section 141(3)(a), 148(4), 149(6), 160(3), 165(7), 180(4) or (8), 182(3), 186(5), 191(4), 192(2), 194(3) or 211(6) of the Act;
(c)	an offence (other than a continuing offence) under section 243(3) of the Act;
(d)	an offence under section 266(1) of the Act punishable under section 266(2) of the Act, in respect of anything that the person is required or directed to do by the Registrar of Companies or any provision that the person contravenes or fails to comply with in relation to the Registrar of Companies.

Compoundable offences under section 437 of Act

4. The following offences may be compounded by the Official Assignee in accordance with section 437(1) of the Act:

(a)

an offence under section 38(3), 40(2), 44(7), 313(4), 334(6)(a), (b) or (c), 369(6), 398(2), 400(3), 401(3) or 403(3)(a) or (b) or (4) of the Act;

(b)

an offence (other than a continuing offence) under section 332(6)(a) or (b) or 333(2) of the Act;

(c)

an offence under any of the following sections of the Act punishable under section 417 of the Act:

Section 405(1)(a) or (b), 412(1)(a), (b) or (c), 413(1)(a) or (b), 414(1)(a) or (b) or 415(a) or (b) of the Act.

Made on 21 July 2020.

LOH KHUM YEAN

Permanent Secretary,
Ministry of Law,
Singapore.

[LAW 06/011/004; AG/LEGIS/SL/142B/2015/15 Vol. 1]

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