PART 1 PRELIMINARY. With the IRDA coming into operation, the Bankruptcy Act (Chapter 20 of the 2009 Revised Edition) was repealed, and many of its provisions have been replicated with changes, in the IRDA. The Insolvency, Restructuring and Dissolution Act 2018 (IRDA), together with its 48 related pieces of subsidiary legislation, came into force on 30 July 2020. In ensuring accountability for … New features that the IRDA brings include: The drafting of new subsidiary legislation coupled with amendments to related rules has been undertaken to harmonise the provisions accordingly. Insolvency, Restructuring and Dissolution (Prescribed Companies for Purposes of Sections 72A and 250A) Order 2021. It draws together the previously discrete individual and corporate bankruptcy laws into a single, consolidated piece of legislation, aimed at maintaining Singapore’s competitive edge as a restructuring hub. 4. The Insolvency, Restructuring and Dissolution Act 2018 (IRDA), together with its 48 related pieces of subsidiary legislation, came into force on 30 July 2020. 2. On 1 October 2018, the Singapore Parliament passed the Insolvency, Restructuring and Dissolution Bill (the "Bill"), an omnibus legislation which will consolidate Singapore's personal insolvency, corporate insolvency and restructuring laws, … Application. It brings to fruition the most fundamental reform process, beginning in 2017, to Singapore’s insolvency laws since independence. of 2018) ARRANGEMENT OF SECTIONS PART 1 PRELIMINARY Section 1. Status: Current version as at 08 Apr 2021 Authorising Act; Amendment RSS Feed 31 results in 2 pages Page 1 of 2. DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Division 1 — Jurisdiction. IRDA consolidates the personal and corporate insolvency laws, and the laws relating to debt restructuring by individuals and companies, previously found in the Bankruptcy Act and the Companies Act, into a … 32/2018. The Insolvency, Restructuring and Dissolution Act 2018 (the "IRDA") came into force on 30 July 2020. Build a Morning News Brief: Easy, No Clutter, Free! The Insolvency, Restructuring and Dissolution Act 2018 (“IRDA”) takes effect from 30 July 2020. The Insolvency, Restructuring and Dissolution Bill was passed in the Parliament on 1 October 2018 and assented to by the President on 31 October 2018. Today, i.e. The consolidation of all personal and corporate insolvency and debt restructuring legislation into a single statute, along with other legislative changes, seeks to further strengthen Singapore's position as an international debt restructuring hub. Insolvency, Restructuring and Dissolution Bill Bill No. The saving and transitional provisions enshrined in Part 25 of the IRDA hence warrant attention. 27 September 2018. Short title and commencement. Section. To embed, copy and paste the code into your website or blog: Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: [HOT] Read Latest COVID-19 Guidance, All Aspects... [SCHEDULE] Upcoming COVID-19 Webinars & Online Programs, [GUIDANCE] COVID-19 and Force Majeure Considerations, [GUIDANCE] COVID-19 and Employer Liability Issues. It brings to fruition the most fundamental reform process, beginning in 2017, to Singapore’s insolvency laws since independence. The amendments anticipated in the IRDA were highlighted in our previous article ‘Corporate and individual bankruptcy under one roof’. 1. On 10 September 2018, the Insolvency, Restructuring and Dissolution Bill (“Bill”) was tabled for first reading.The Bill will introduce a new omnibus Act that consolidates the personal and corporate insolvency laws, and the laws relating to debt restructuring by individuals and companies, currently found in the Bankruptcy Act and the Companies Act, into a single … The Insolvency, Restructuring and Dissolution Act 2018 (IRDA) has come into force on 30 Jul 2020. Today, i.e. Singapore’s existing insolvency and restructuring legislative framework is mainly contained in the Bankruptcy Act (with respect to personal insolvency) and the Companies Act (with respect to corporate insolvency), and the related regulations. 30 July 2020, the Insolvency, Restructuring and Dissolution Act 2018 (IRDA) will finally come into effect. The following Act was passed by Parliament on 1 October 2018 and assented to by the President on 31 October 2018:— Insolvency, Restructuring and Dissolution Act 2018 (No. This is not only due to the protracted nature of restructuring and insolvency proceedings, but the spread of COVID-19. The Omnibus Bill seeks to consolidate the relevant statutory provisions into a single enactment. The Insolvency, Restructuring and Dissolution Act 2018, (Act No.40 of 2018, the “Act”) , which came into force on 30 July, marks, for now at least, the final stage in what has been a far-reaching overhaul of Singapore’s insolvency and debt restructuring regime. S 51/2021. On 30 July 2020, the Insolvency, Restructuring and Dissolution Act 2018 (IRDA) came into operation. JURISDICTION, POWERS AND PROCEDURE OF COURT. Commentators voiced the need for a unified and holistic approach to the issue of insolvency, and change has now come in the form of the IRDA. In terms of procedure, the Insolvency, Restructuring and Dissolution (Personal Insolvency) Rules 2020 and Insolvency, Restructuring and Dissolution (Corporate Insolvency and Restructuring) Rules 2020 prescribe detailed procedural rules for proceedings under the IRDA. Law Firms: Be Strategic In Your COVID-19 Guidance... [GUIDANCE] On COVID-19 and Business Continuity Plans. Portions of the Companies Act (Chapter 50) have similarly been repealed pursuant to s 451 of the IRDA and these have effectively been carved out, with further amendments. PART 2 GENERAL PROVISIONS. The Omnibus Bill seeks to consolidate the relevant statutory provisions into a single enactment. The IRDA builds upon the changes made to Singapore’s corporate rescue and restructuring laws via the Companies (Amendment) Act 2017. Forms. The timing of the IRDA’s entry is notable, coming after the widespread outbreak of COVID-19. A delicate balance always has to be struck between the various competing interests. In its Press Release of 10 September 2018, the Ministry of Law emphasised the desirability of com… PART 2. Citation and commencement. Among other things, a party cannot terminate a contract with a company by reason only that the company is insolvent or undergoing judicial INSOLVENCY, RESTRUCTURING AND DISSOLUTION ACT 2018 (No. INSOLVENCY, RESTRUCTURING AND DISSOLUTION ACT 2018 (No. Forms for Insolvency, Restructuring and Dissolution (Court-Ordered Winding Up) Regulations 2020 (714KB). Safeguards on Litigation and Availability of Third-party Funding. Insolvency, Restructuring and Dissolution Act 2018. Division 1 — Court and … Short title and commencement. 40 of 2018) ARRANGEMENT OF SECTIONS. It retains much of the substance of the pre-existing legislation, but at the same time, modernises it. Insolvency, Restructuring and Dissolution Act 2018, Revised Editions of Subsidiary Legislation, Insolvency, Restructuring and Dissolution (Assignment of Proceeds of an Action) Regulations 2020, Insolvency, Restructuring and Dissolution (Bankruptcy) Regulations 2020, Insolvency, Restructuring and Dissolution (Composition of Offences) Regulations 2020, Insolvency, Restructuring and Dissolution (Corporate Insolvency and Restructuring) Rules 2020, Insolvency, Restructuring and Dissolution (Court-Ordered Winding Up) Regulations 2020, Insolvency, Restructuring and Dissolution (Debt Repayment Scheme) Regulations 2020, Insolvency, Restructuring and Dissolution (Electronic Meeting and Resolution by Correspondence) Regulations 2020, Insolvency, Restructuring and Dissolution (Filing, Lodgment and Submission of Documents) Regulations 2020, Insolvency, Restructuring and Dissolution (Insolvency Practitioners) Regulations 2020, Insolvency, Restructuring and Dissolution (Judicial Management) Regulations 2020, Insolvency, Restructuring and Dissolution (Late Lodgment Penalties) Regulations 2020, Insolvency, Restructuring and Dissolution (Maximum Amount Payable in Priority) Order 2020, Insolvency, Restructuring and Dissolution (Modifications to Specified Acts under Section 72U) Order 2021, Insolvency, Restructuring and Dissolution (Official Assignee’s Fees) Regulations 2020, Insolvency, Restructuring and Dissolution (Personal Insolvency) Rules 2020, Insolvency, Restructuring and Dissolution (Prescribed Arrangements and Proceedings) Regulations 2020, Insolvency, Restructuring and Dissolution (Prescribed Companies and Entities) Order 2020, Insolvency, Restructuring and Dissolution (Prescribed Companies for Purposes of Sections 72A and 250A) Order 2021, Insolvency, Restructuring and Dissolution (Prescribed Companies under Section 440) Order 2020, Insolvency, Restructuring and Dissolution (Prescribed Contracts under Section 440) Regulations 2020. The IRDA’s commencement crowns what has been a detailed process to unify and further modernise Singapore’s insolvency and debt restructuring regime. The Insolvency, Restructuring and Dissolution Act 2018 (“IRDA”) consolidates Singapore’s personal and corporate insolvency, restructuring and dissolution laws into one omnibus legislation. The disparate legislation that pre-existed the IRDA meant that corporate and individual bankruptcy, at times developed independently of each other. This process had started in 2015 with some amendments to the Bankruptcy Act (Cap 20). Notwithstanding the repeal of the Bankruptcy Act, certain provisions remain in force for continuity. This speaks to the significance of the change it brings, and the volume of work that still had to be undertaken to ensure a smooth transition from the pre-existing legislative framework. The IRDA is an omnibus legislation housing all of … JURISDICTION, POWERS AND PROCEDURE OF COURT. All rights reserved. Insolvency, Restructuring and Dissolution Act 2018, Section 440. PART 1 PRELIMINARY. 30 July 2020, the Insolvency, Restructuring and Dissolution Act 2018 (IRDA) will finally come into effect. Section 440 of the Insolvency, Restructuring and Dissolution Act 2018: Restrictions on Ipso Facto Clauses [2019] SAL Prac 27 company is undergoing restructuring proceedings. Insofar as natural persons are concerned, the governing legislation is the Bankruptcy Act (Chapter 20). When the interim relief provided under the COVID-19 (Temporary Measures) Act 2020 ceases, many companies and individuals may unfortunately soon find themselves grappling with insolvency issues. The enactment of the COVID-19 (Temporary Measures) Act 2020 itself made amendments to Singapore’s bankruptcy provisions, providing temporary shelter from the pandemic’s economic fallout. The IRDA is a bold step forward to achieve that end. [12] J. J. Irani Report of the Expert Committee on Company Law, May 2005, Para 13.4-13.6. The Insolvency, Restructuring and Dissolution Act 2018 (“IRDA”) consolidates Singapore’s personal and corporate insolvency, restructuring and dissolution laws into one omnibus legislation.Prior to this, the provisions pertaining to personal insolvency were contained in the Bankruptcy Act, while provisions related to corporate insolvency were contained in the Companies Act. PART 1 PRELIMINARY. The Insolvency, Restructuring and Dissolution Bill was passed in the Parliament on 1 October 2018 and assented to by the President on 31 October 2018. INSOLVENCY, RESTRUCTURING AND DISSOLUTION ACT 2018 (ACT 40 OF 2018) INSOLVENCY, RESTRUCTURING AND DISSOLUTION (CORPORATE INSOLVENCY AND RESTRUCTURING) RULES 2020. The Insolvency, Restructuring and Dissolution Act: An Overview The Insolvency, Restructuring and Dissolution Act 2018, (Act No.40 of 2018, the “Act”) , which came into force on 30 July, marks, for now at least, the final stage in what has been a far-reaching overhaul of Singapore’s insolvency and debt restructuring regime. 2. The Insolvency, Restructuring and Dissolution Bill was passed in the Parliament on 1 October 2018 and assented to by the President on 31 October 2018. 40 of 2018) Insolvency, Restructuring and Dissolution Act 2018 (No. In its Press Release of 10 September 2018, the Ministry of Law emphasised the desirability of common principles and practices across personal and corporate insolve… Rule. PART 2. These legislative measures run in parallel with the IRDA, as the economic landscape continues to evolve. 1. It … It likewise draws on the jurisprudence in other mature jurisdictions, to fashion a comprehensive model that will take Singapore into the future. 40 of 2018) Division 1 — Jurisdiction. Definitions. The IRDA ushers in the last phase. Corporate and individual bankruptcy under one roof, Dentons COVID-19 Retail Tracker - United States, LIBOR transition update – The ARRC’s March 25, 2021 supplemental recommended Hardwired Language, Dentons COVID-19 Retail Tracker - United Arab Emirates, Presidential and Congress Elections in Peru, Amendments to the Employment Act, 2007 by the Employment (Amendment) Act, 2021. 3. The Insolvency, Restructuring and Dissolution Act 2018 (IRDA) has come into force on 30 Jul 2020. Click here to read more about how we use cookies. [13] Report of The Insolvency Law Committee, February 2020, Para 8.4 Practice directions. 2. 30 July 2020, the Insolvency, Restructuring and Dissolution Act 2018 (IRDA) will finally come into effect. © Dentons var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); | Attorney Advertising. ARRANGEMENT OF RULES. While the IRDA was passed in Parliament on 1 October 2018, and assented to by the President on 31 October 2018, it did not come into operation until 30 July 2020. These should also be read together with the Insolvency, Restructuring and Dissolution (Saving and Transitional Provisions) Regulations 2020. On 30 July 2020, the Insolvency, Restructuring and Dissolution Act 2018 (IRDA) came into operation. Reforms took place in phases, following the Insolvency Law Review Committee’s recommendations, which culminated in its 2013 report. The commencement of the IRDA at this juncture accordingly positions the legal infrastructure to receive the likely spike in insolvency related proceedings under the new framework. Copyright © var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); JD Supra, LLC. Availability of third-party funding to judicial managers and liquidators. Together, the laws relating to compromises, schemes of arrangement receivership, corporate and personal insolvency, now reside in this new omnibus legislation. Forms for Winding Up Matters (Insolvency, Restructuring and Dissolution Act 2018) For forms relating to the Insolvency, Restructuring and Dissolution (Corporate Insolvency and Restructuring) Rules 2020, please refer to here. This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. Today, i.e. General interpretation. INSOLVENCY, RESTRUCTURING AND DISSOLUTION ACT 2018 (No. 1. General interpretation. The IRDA is an omnibus legislation housing all of Singapore's insolvency and restructuring laws in one single piece of legislation. 40 of 2018) ARRANGEMENT OF SECTIONS. On 30 July 2020, the Insolvency, Restructuring and Dissolution Act 2018 (IRDA) came into operation. The differing jurisprudence underlying the different pieces of legislation also fed into the notion that there were essentially separate sets of rules of individual and corporate insolvency, albeit with some overlap. The COVID-19 (Temporary Measures) Act 2020 has, inter alia, extended the timelines related to statutory demands, amended certain threshold requirements and effectively suspended rights of certain creditors in relation to the winding up of companies. Singapore’s existing insolvency and restructuring legislative framework is mainly contained in the Bankruptcy Act (with respect to personal insolvency) and the Companies Act (with respect to corporate insolvency), and the related regulations. As COVID-19 continues to suppress business activity, interim legislative relief is needed. Safeguards on Litigation and Availability of Third-party Funding. In ensuring accountability for … Specific regulations have also been made in respect of the main insolvency and restructuring events, including voluntary and court winding up, voluntary arrangements, bankruptcy, receivership and judicial management. The Insolvency, Restructuring and Dissolution Bill was passed in the Parliament on 1 October 2018 and assented to by the President on 31 October … The transition to the new regime under the IRDA is a calibrated process. Short title and commencement 2. Distressed companies do not … 3. 3. Read the first time on 10 September 2018. 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