Companies (Winding Up) Rules
G.N. No. S 184/1969
REVISED EDITION 2006
(5th June 2006)
[1st August 1969]
—(1) These Rules may be cited as the Companies (Winding Up) Rules.
(2) These Rules shall apply to the proceedings in every winding up under the Act of a company which commenced on or after 29th December 1967, but shall not apply to any company or society of which the winding up had commenced before that date, and every such company or society shall be wound up in the same manner as if these Rules had not been made.
2. In these Rules, unless the context otherwise requires —
“applicant” means a person making an application to wind up a company, and includes a company making an application to wind itself up;
“company” means a company which is being wound up or against which proceedings to have it wound up have been commenced;
“creditor” includes a corporation and a firm of creditors in partnership;
“filed” means filed in the Court;
“liquidator” includes a provisional liquidator;
“Official Receiver” includes an Assistant Official Receiver;
“proceedings” means the proceedings in the winding up of a company 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.
—(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
—(1) All proceedings in the winding up of companies 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).
—(1) The following matters and applications in Court shall be heard before the Judge in open Court:
winding up applications;
appeals to Court;
applications under section 343 of the Act;
applications for the committal of any person to prison for contempt;
applications to rectify the Register; and
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.
6. Subject to the provisions of the Act and these Rules —
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;
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
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.
—(1) Every winding up application and any other application by which any proceedings are commenced in Court shall be made by originating summons supported by an affidavit.
(2) Subject to the provisions of these Rules, the originating summons and supporting affidavit shall be served on the party affected thereby not less than 8 days before the date appointed for the hearing of the application.
(3) Every interlocutory application shall be made by summons in Form 1 set out in the First Schedule, and the summons shall, unless otherwise ordered —
be served on every person against whom an order is sought;
require that person or the persons to whom the summons is addressed to attend at the time and place named in the summons; and
be served not less than 8 days before the day specified in the summons.
—(1) Every proceeding in a winding up matter shall be dated and shall, with any necessary additions, be intituled as follows:
"IN THE HIGH COURT OF
THE REPUBLIC OF SINGAPORE
CWU O.S. No.
In the Matter of the Companies Act (Cap. 50)
In the matter of .........................................".
(2) The first proceeding in every winding up matter shall have a distinctive number assigned to it in the office of the Registrar, and all proceedings in any matter subsequent to the first proceeding shall bear the same number as the first proceeding.
9. All proceedings shall be written or printed or partly written or partly printed.
10. All orders, summonses, applications, warrants, process of any kind (including notices when issued by the Court) and office copies in any winding up matter shall be sealed.