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This update is for your general information only. It is not intended to be nor should it be regarded as legal advice.
Further Developments in Singapore’s Bankruptcy and
Insolvency Regime: The Omnibus Insolvency Bill
Abraham VERGIS, Nawaz KAMIL & Shi Yin KIM
On 24 August 2017, the Minister for Home Affairs
and Minister for Law revealed that efforts are
currently underway for the enactment of a
new insolvency bill that would come into effect
sometime in later half of 2018. The omnibus
Insolvency Bill seeks to streamline Singapore’s
personal bankruptcy and insolvency regimes,
and introduce reforms to the corporate
framework relating to debt management and
restructuring.
The omnibus Insolvency Bill promises to address
the key concerns faced by corporations and
individuals today. The Bill will implement the
remaining recommendations of the Insolvency
Law Reform Committee that was released in
2013, as well as the recommendations from the
Committee to Strengthen Singapore as an
International Centre for Debt Restructuring,
which were published in 2016. Furthermore, in
order to cater to features vital in debt
restructuring, such as rescue financing, the
omnibus Insolvency Bill will take inspiration from
the United States Bankruptcy Code, Title 11.
This is a significant departure from Singapore’s
legislative framework that was previously
based on the English law model.
The omnibus Insolvency Bill is part of a phased
approach to elevate Singapore’s status as a
centre for international debt restructuring.
Earlier this year in March, substantial
amendments to the Companies Act (Cap. 50)
were passed. Singapore’s bankruptcy regime
has also undergone substantial reform since
the Bankruptcy (Amendment) Bill 39/2008 was
passed in July 2015.
In our previous newsletter of April 2017, we
provided a summary of the key features in the
Companies (Amendment) Act 2017. We set out
some of the key reforms that the omnibus
Insolvency Bill promises to introduce to
supplement the Companies Act and to the
corporate and restructuring regime in
Singapore.
 Unifying statute for bankruptcy and
insolvency: The Insolvency Bill will
combine the legislations relating to
personal and corporate restructuring
and insolvency into a single statute.
 Regulation of insolvency professionals:
Pursuant to the recommendations of
the ILRC, the Insolvency Bill will
introduce a framework to regulate
insolvency professionals.
Conclusion
The omnibus Insolvency Bill is evidence of
Singapore’s dedication to enhance its
standing as an international cross-border debt
restructuring hub. Coupled with the other
reforms that have already been implemented
thus far, the omnibus Insolvency Bill is
undoubtedly a welcome measure amidst the
increase in the frequency of cross-border
insolvency cases and global corporate default
rates since the 2008 global financial crisis.
___________
If you would like information on this area of law, please
contact:
Newsflash
September 2017
Nawaz KAMIL
Counsel
+65 6438 1969
nawaz@providencelawasia.com
Abraham VERGIS
Managing Director
+65 6438 1969
abraham@providencelawasia.com
This update is for your general information only. It is not intended to be nor should it be regarded as legal advice.
Nawaz KAMIL
Counsel
+65 6438 1969
nawaz@providencelawasia.com

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Further Developments in Singapore's Bankruptcy and Insolvency Regime: The Omnibus Insolvency Bill

  • 1. This update is for your general information only. It is not intended to be nor should it be regarded as legal advice. Further Developments in Singapore’s Bankruptcy and Insolvency Regime: The Omnibus Insolvency Bill Abraham VERGIS, Nawaz KAMIL & Shi Yin KIM On 24 August 2017, the Minister for Home Affairs and Minister for Law revealed that efforts are currently underway for the enactment of a new insolvency bill that would come into effect sometime in later half of 2018. The omnibus Insolvency Bill seeks to streamline Singapore’s personal bankruptcy and insolvency regimes, and introduce reforms to the corporate framework relating to debt management and restructuring. The omnibus Insolvency Bill promises to address the key concerns faced by corporations and individuals today. The Bill will implement the remaining recommendations of the Insolvency Law Reform Committee that was released in 2013, as well as the recommendations from the Committee to Strengthen Singapore as an International Centre for Debt Restructuring, which were published in 2016. Furthermore, in order to cater to features vital in debt restructuring, such as rescue financing, the omnibus Insolvency Bill will take inspiration from the United States Bankruptcy Code, Title 11. This is a significant departure from Singapore’s legislative framework that was previously based on the English law model. The omnibus Insolvency Bill is part of a phased approach to elevate Singapore’s status as a centre for international debt restructuring. Earlier this year in March, substantial amendments to the Companies Act (Cap. 50) were passed. Singapore’s bankruptcy regime has also undergone substantial reform since the Bankruptcy (Amendment) Bill 39/2008 was passed in July 2015. In our previous newsletter of April 2017, we provided a summary of the key features in the Companies (Amendment) Act 2017. We set out some of the key reforms that the omnibus Insolvency Bill promises to introduce to supplement the Companies Act and to the corporate and restructuring regime in Singapore.  Unifying statute for bankruptcy and insolvency: The Insolvency Bill will combine the legislations relating to personal and corporate restructuring and insolvency into a single statute.  Regulation of insolvency professionals: Pursuant to the recommendations of the ILRC, the Insolvency Bill will introduce a framework to regulate insolvency professionals. Conclusion The omnibus Insolvency Bill is evidence of Singapore’s dedication to enhance its standing as an international cross-border debt restructuring hub. Coupled with the other reforms that have already been implemented thus far, the omnibus Insolvency Bill is undoubtedly a welcome measure amidst the increase in the frequency of cross-border insolvency cases and global corporate default rates since the 2008 global financial crisis. ___________ If you would like information on this area of law, please contact: Newsflash September 2017 Nawaz KAMIL Counsel +65 6438 1969 nawaz@providencelawasia.com Abraham VERGIS Managing Director +65 6438 1969 abraham@providencelawasia.com
  • 2. This update is for your general information only. It is not intended to be nor should it be regarded as legal advice. Nawaz KAMIL Counsel +65 6438 1969 nawaz@providencelawasia.com