Limited Liability Partnerships (Winding Up) Rules

Limited Liability Partnerships Act

(CHAPTER 163A, Section 57)

Limited Liability Partnerships
(Winding Up)
Rules

R 2

G.N. No. S 532/2005

REVISED EDITION 2007

(2nd July 2007)

[10th August 2005]

Citation

1.  These Rules may be cited as the Limited Liability Partnerships (Winding Up) Rules.

Definitions

2.  In these Rules, unless the context otherwise requires —

“applicant” means a person making an application to wind up an LLP and includes an LLP making an application to wind itself up;

“Assessing Master” means the Registrar or other officer of the Court whose duty it is to assess costs in the proceedings of the Court under its ordinary jurisdiction;

[S 197/2022 wef 01/04/2022]

“Court” means the General Division of the High Court;

[S 1037/2020 wef 02/01/2021]

“creditor” includes a corporation and a firm of creditors in partnership;

“filed” means filed in the Court;

“form” means a form set out in the First Schedule, and a form referred to by a number means the form so numbered in that Schedule;

“limited liability partnership” or “LLP” means a limited liability partnership which is being wound up or against which proceedings to have it wound up have been commenced;

“liquidator” includes a provisional liquidator;

“proceedings” means the proceedings in the winding up of an LLP 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.

[S 197/2022 wef 01/04/2022]

[Deleted by S 197/2022 wef 01/04/2022]

Use of forms

3.—(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

Office of Registrar

4.—(1)  All proceedings in the winding up of LLPs 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).

Matters to be heard in Court and Chambers

5.—(1)  The following matters and applications in Court shall be heard before the Judge in open Court:

(a) winding up applications;

(b) appeals to Court;

(c) applications under paragraph 97 of the Fifth Schedule to the Act;

(d) applications for the committal of any person to prison for contempt;

(e) applications to rectify the Register; and

(f) 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.

Applications in Chambers

6.  Subject to the provisions of the Act and these Rules —

(a) 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;

(b) 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

(c) 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.

Originating applications and summonses

7.—(1)  Every winding up application and any other application by which any proceedings are commenced in Court shall be made by originating application supported by an affidavit.

[S 197/2022 wef 01/04/2022]

(2)  Subject to the provisions of these Rules, the originating application 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.

[S 197/2022 wef 01/04/2022]

(3)  Every interlocutory application shall be made by summons in Form 1, and the summons shall, unless otherwise ordered —

(a) be served on every person against whom an order is sought;

(b) require that person or the persons to whom the summons is addressed to attend at the time and place named in the summons; and

(c) be served not less than 8 days before the day specified in the summons.

[S 197/2022 wef 01/04/2022]