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THE SINGAPORE EXPERIENCE IN THE ADMINISTRATION OF INSOLVENCY REGIME.

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Presentation on theme: "THE SINGAPORE EXPERIENCE IN THE ADMINISTRATION OF INSOLVENCY REGIME."— Presentation transcript:

1 THE SINGAPORE EXPERIENCE IN THE ADMINISTRATION OF INSOLVENCY REGIME

2 Good Insolvency Law n Honest administration –fair and speedy distribution of bankrupt’s assets n Promote –commercial morality –honest trading

3 INDIVIDUAL INSOLVENCY

4 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

5 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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7 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

8 CORPORATE INSOLVENCY

9 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

10 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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12 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

13 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

14 THANK YOU Insolvency & Public Trustee’s Office Ministry of Law, Singapore website : http://www.gov.sg/minlaw/ipto/ipto.html


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