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Published byGwenda Glenn Modified over 8 years ago
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THE SINGAPORE EXPERIENCE IN THE ADMINISTRATION OF INSOLVENCY REGIME
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Good Insolvency Law n Honest administration –fair and speedy distribution of bankrupt’s assets n Promote –commercial morality –honest trading
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INDIVIDUAL INSOLVENCY
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Pre-bankruptcy proceedings n Single ground of inability to pay n Actual or presumption of inability n Minimum debt of S$10,000 n Judgement not required
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Pre-bankruptcy proceedings n two-tier court orders (receiving and adjudication orders) replaced by the single bankruptcy order n Voluntary arrangement
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Post-bankruptcy proceedings n Official Assignee has greater powers to enforce bankrupt’s legal obligations and administer bankruptcy estates n Antecedent transactions n Discharge from bankruptcy
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CORPORATE INSOLVENCY
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Types of Winding Up n Voluntary winding up –Require a resolution by the company –No court involvement n Compulsory winding up –Requires an order by the Court
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The Role of the Official Receiver Before Winding Up Order is Made n Provisional liquidator where ordered by the Court n Amicus curiae at winding up proceedings
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The Role of the Official Receiver After the Winding Up Order n Administers the case n Supervises private liquidators n Institutes legal proceedings, both civil and criminal n Reviews corporate insolvency laws
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Conclusion n The role of the judiciary is more pronounced in the initial stages of the insolvency process n Once the bankruptcy or winding up order is made, it is the OA or OR who takes effective control of the case
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THANK YOU Insolvency & Public Trustee’s Office Ministry of Law, Singapore website : http://www.gov.sg/minlaw/ipto/ipto.html
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