Limited Liability Partnerships (Winding Up) Rules 2005

No. S 532

Limited Liability Partnerships Act 2005

(Act 5 of 2005)

Limited Liability Partnerships (Winding Up) Rules 2005

In exercise of the powers conferred by section 57 of the Limited Liability Partnerships Act 2005, the Rules Committee, constituted under the Supreme Court of Judicature Act (Cap. 322), hereby makes the following Rules:

Citation and commencement

1. These Rules may be cited as the Limited Liability Partnerships (Winding Up) Rules 2005 and shall come into operation on 10th August 2005.

Definitions

2. In these Rules, unless the context otherwise requires —

“Court” means the High Court;

“creditor” includes a corporation and a firm of creditors in partnership;

“Fifth Schedule” means Fifth Schedule to the Act;

“filed” means filed in the Court;

“limited liability partnership” or “LLP” means a limited liability partnership which is being wound up or against which proceedings to have it wound up have been commenced;

“liquidator” includes a provisional liquidator;

“proceedings” means the proceedings in the winding up of an LLP under the Act;

“Registrar” means the Registrar of the Supreme Court and includes a Deputy Registrar and an Assistant Registrar;

“sealed” means sealed with the seal of the Court;

“Taxing Master” means the Registrar or other officer of the Court whose duty it is to tax costs in the proceedings of the Court under its ordinary jurisdiction.

Use of forms

3.—(1) For the purpose of these Rules, the forms prescribed in the First Schedule where applicable, and where they are not applicable, forms of the like character, with such variations as circumstances may require, shall be used.

(2) Where such forms are applicable any costs occasioned by the use of any other forms not prescribed shall, unless the Court otherwise directs, be borne by the party using such other forms.

COURT AND CHAMBERS

Office of Registrar

4.—(1) All proceedings in the winding up of LLPs in the Court shall be attached to the Registrar, who shall, together with the necessary clerks and officers, and subject to the Act and these Rules, act under the general or special directions of the Judge.

(2) In every cause or matter within the jurisdiction of the Judge, whether by virtue of the Act or by transfer, or otherwise, the Registrar shall, in addition to his powers and duties under these Rules, have all the powers and duties assigned to him under section 62 of the Supreme Court of Judicature Act (Cap. 322).

Matters to be heard in Court and Chambers

5.—(1) The following matters and applications in Court shall be heard before the Judge in open Court:

(a)	petitions;
(b)	appeals to Court;
(c)	applications under paragraph 97 of the Fifth Schedule ;
(d)	applications for the committal of any person to prison for contempt;
(e)	applications to rectify the Register; and
(f)	such matters and applications as the Judge may from time to time by any general or special orders direct to be heard before him in open Court.

(2) Every other matter or application to the Court under the Act to which these Rules apply may be heard and determined in Chambers.

Applications in Chambers

6. Subject to the provisions of the Act and these Rules —

(a)	the Registrar may under the general or special directions of the Judge hear and determine any application or matter which under the Act or these Rules may be heard and determined in Chambers;
(b)	any matter or application before the Registrar may at any time be adjourned by him to be heard before the Judge either in Chambers or in Court; and
(c)	any matter or application may if the Judge or, as the case may be, the Registrar, thinks fit be adjourned from Chambers to Court, or from Court to Chambers.

Motions and summonses

7.—(1) Every application in Court other than a petition, shall be made by motion and shall be served on the party affected thereby not less than 8 days before the day named in the notice for hearing of the motion. An application for leave to serve short notice of motion shall be made ex parte.

(2) Every application in Chambers shall be in Form 1 in the First Schedule, which, unless otherwise ordered, shall be served on every person against whom an order is sought, and shall require that person or persons to whom the summons is addressed to attend at the time and place named in the summons; and such summons shall be served not less than 8 days before the day named in the summons, unless in any case it shall be otherwise ordered.

Made this 22nd day of July 2005.

YONG PUNG HOW

Chief Justice.

CHAN SEK KEONG
Attorney-General.

CHAO HICK TIN
Judge of Appeal.

LAI KEW CHAI
Judge.

JUDITH PRAKASH
Judge.

TAN LEE MENG
Judge.

WOO BIH LI
Judge.

RICHARD MAGNUS
Senior District Judge.

LAU WING YUM
District Judge.

MICHAEL KHOO KAH LIP
Advocate and Solicitor.

R.E. MARTIN
Advocate and Solicitor.

[AG/LEG/SL/163A/2005/3 Vol. 3]

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