SINGAPORE LEGISLATION

• Published date: 01 December 1995
• Author: CHARLES LIM AENG CHENG
• Date: 01 December 1995

DIGEST OF ACTS PASSED BETWEEN NOVEMBER 1994 AND APRIL 1995 IN ALPHABETICAL ORDER

(as at 30th April 1995)

Architects (Amendment) Act 1995

Act No. 3 of 1995

Long Title: An Act to amend the Architects Act (Chapter 12 of the 1992 Revised Edition).

Passed by Parliament on: 23rd January 1995.

Assented to by President on: 28th February 1995.

Publication date: 17th March 1995.

Commencement date: 1st April 1995 vide S138/95.

Summary: This Act amends the Architects Act inter alia to remove —

1. (a) the requirement in section 20 (1) (c) that no person, other than a registered architect or an allied professional, shall be a director of a corporation (not being an unlimited corporation) licensed to supply architectural services in Singapore;

2. (b) the requirement in section 20 (1) (d) that not less than two-thirds of each class of shares of such a corporation should be beneficially owned by and registered in the names of registered architects or allied professionals who are directors, managers or employees of the corporation; and

3. (c) the requirement in section 20 (1) (e) (iii) that the director who has control and management of the business of such a corporation relating to the supply of architectural services should be a registered owner of at least one share of the corporation.

Comment: Similar amendments were made to the Professional Engineers Act by virtue of the Professional Engineers Act (Amendment) Act 1995 (see below).

Bankruptcy Act 1995

Act No. 15 of 1995

Long Title: An Act relating to the law of bankruptcy and matters connected therewith and to repeal the Bankruptcy Act (Chapter 20 of the 1985 Revised Edition).

Passed by Parliament on: 23rd March 1995.

Assented to by President on: 12th April 1995.

Publication date: 21st April 1995.

Commencement date: Not in force.

Summary: This Act consolidates and amends the law of bankruptcy. The following are some of the more significant provisions of the Act. Part II (sections 3 to 16) contains provisions pertaining to the powers of the courts

in bankruptcy matters. Section 3 confers jurisdiction on the High Court in bankruptcy. Section 4 empowers a judge to exercise his jurisdiction in bankruptcy in chambers. Section 5 deals with the powers of the Registrar of the Supreme Court. Section 6 places every bankruptcy under the general control of the relevant court and empowers the court, upon an application by the Official Assignee or the trustee in bankruptcy, to direct the bankrupt to do things for the purposes of the bankruptcy and the realisation of his estate. Section 7 empowers the court to review, rescind or vary any order made by it in the exercise of its jurisdiction in bankruptcy. Section 8 provides for appeals from any order made by the court in the exercise of its jurisdiction in bankruptcy. Section 9 empowers the court to issue a warrant for the arrest of debtor against whom a bankruptcy petition has been presented or against an undischarged bankrupt and for the seizure of his property under certain circumstances. Section 10 relates to the criminal jurisdiction of a District Court and a Magistrate’s Court. Section 11 enables the procedure of the Supreme Court to be used if the Act or the rules do not provide. Section 12 empowers the court to adjourn any proceedings at any time. Section 13 empowers the court to amend any written process at any time. Section 14 empowers the court to extend the time prescribed for the doing of any act under the Act or the rules. Section 15 sets out the manner in which evidence may be taken in bankruptcy proceedings. Section 16 provides that the costs of and incidental to bankruptcy proceedings shall be in the discretion of the court.

Part III (sections 17 to 32) relates to the appointment and general duties of the Official Assignee.

Part IV (sections 33 to 43) relates to the appointment and general duties of a trustee in bankruptcy. Section 33 deals with the appointment of a trustee and specifies the various official names of the trustee. Section 34 specifies the requisite qualifications for appointment as a trustee. Section 35 requires a trustee to furnish security before commencing to act and makes it an offence for any trustee to act before having furnished the requisite security. Section 36 specifies the general duties of a trustee as to the realisation and distribution of a bankrupt’s estate. Section 37 requires a trustee to pay all moneys received by him into such bank account as may be prescribed, and makes it an offence for a trustee to fail to do so. Section 38 relates to the remuneration of a trustee. Section 39 relates to the Official Assignee’s control and supervision over a trustee. Section 40 relates to the review by the court of any act, omission or decision of a trustee in the course of his administration of the estate of a bankrupt. Section 41 specifies the circumstances in which a trustee may be removed or his office vacated. Section 42 deals with the duties of the Official Assignee where a vacancy arises in the office of a trustee. Section 43 provides for a summary procedure against a trustee in respect of any loss to a bankrupt’s estate caused by his misapplication or retention of property or his misfeasance or breach of duty and relieves the trustee from liability in certain circumstances where he seizes or disposes of property not comprised in the bankrupt’s estate.

Part V (sections 44 to 56) provides an alternative to bankruptcy, namely, a voluntary arrangement which may be entered into by a debtor with his creditors with a view to satisfying his debts. Section 44 specifies the class of debtors to whom Part V applies. Section 45 sets out the circumstances in which a debtor may apply to the court for an interim order and the effect and duration of such order. Section 46 requires a debtor proposing a voluntary arrangement to appoint in his proposal a nominee to supervise the implementation of the voluntary arrangement, and sets out the qualifications which must be satisfied by the person appointed. Section 47 empowers the court to stay any proceedings against a debtor or his property upon his having applied for an interim order. Section 48 sets out the conditions for the making of an interim order. Section 49 sets out the duties of the nominee upon the making of an interim order. Section 50 provides as to when a nominee is to summon a meeting of the debtor’s creditors for the purpose of considering the debtor’s proposal. Section 51 regulates the conduct of a creditors’ meeting summoned under section 50 and prescribes the extent to which such a meeting may modify the proposal of the debtor. Section 52 relates to the duties of the nominee upon the conclusion of the creditors’ meeting, and empowers the court to discharge the interim order if the meeting has declined to approve the debtor’s proposal. Section 53 sets out the effect of the approval of the debtor’s proposal by a meeting of his creditors as summoned by his nominee. Section 54 provides as to when a debtor, nominee or person entitled to vote at a creditors’ meeting may apply to the court for a review of a decision of the meeting, and as to the powers of the court in respect of such an application. Section 55 relates to the duty of the nominee upon the approval of a debtor’s proposal by a meeting of his creditors, and provides as to when a debtor or any of his creditors may apply to the court for a review of any act or decision of the nominee while supervising the implementation of the voluntary arrangement, and as to the powers of the court in respect of such an application. Section 56 sets out the consequences of a debtor’s failure to comply with any of his obligations under a voluntary arrangement.

Part VI (sections 57 to 74) deals with proceedings in bankruptcy. Section 57 lists the persons who may present a creditor’s petition. Section 58 lists the persons who may present a debtor’s petition. Section 59 empowers a court to make a bankruptcy order on a bankruptcy petition presented to it. Section 60 sets out the conditions which a debtor must satisfy before a bankruptcy petition may be presented against him. Section 61 sets out the grounds for the presentation of a bankruptcy petition. Section 62 specifies for the circumstances in which a debtor shall be presumed to be unable to pay his debts. Section 63 requires a secured creditor to give up his security for the benefit of the other creditors of the debtor in order that he may file a bankruptcy petition against the debtor. Section 64 provides as to when the court may dismiss a bankruptcy petition or stay the proceedings thereon. Section 65 sets out the power of the court in relation to proceedings on a creditor’s petition. Section 66 sets out the power of the court in relation to

proceedings on a bankruptcy petition presented against a debtor by the nominee under or a creditor bound by the debtor’s voluntary arrangement. Section 67 sets out the power of the court in relation to proceedings on a debtor’s petition. Section 68 empowers the court to consolidate separate bankruptcy proceedings against one same debtor. Section 69 empowers the court, in a case where there are two or more respondents to a bankruptcy petition, to dismiss a bankruptcy petition against some of the respondents. Section 70 empowers the court to substitute the petitioner in bankruptcy proceedings in which the petitioner does not proceed with due diligence on his petition. Section 71 relates to the continuance of bankruptcy proceedings upon the death of the debtor against whom the bankruptcy petition has been presented. Section 72 relates to the withdrawal of a bankruptcy petition. Section 73 empowers the court to appoint an interim receiver to protect a debtor’s property upon a bankruptcy petition having been presented against the debtor and sets out the effect of the appointment of an interim receiver. Section 74 empowers the court to stay any proceedings against a debtor upon...