12.—(1) Every order whether made in Court or in Chambers in the winding up of an LLP shall be drawn up by the person making the application or his solicitor and signed by the Registrar, unless in any proceedings or class of proceedings the Judge or Registrar who makes the order shall direct that no order need be drawn up. | (2) Where a direction is given that no order need be drawn up the note or the memorandum of the order, signed or initialled by the Judge or the Registrar making the order, shall be sufficient evidence of the order having been made. |
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| File of proceedings in office of Registrar |
| 13. All originating applications, affidavits, summonses, orders, proofs, notices, depositions, bills of costs and other proceedings in the Court in a winding up matter shall be kept and remain of record in the office of the Registrar. [S 197/2022 wef 01/04/2022] |
| 14. All office copies of originating applications, affidavits, depositions, papers and writings, or any part thereof, required by the Official Receiver or any liquidator, partner, creditor, officer of an LLP or other person entitled thereto, shall be provided by the Registrar duly certified by him. [S 197/2022 wef 01/04/2022] |
| Use of file by Official Receiver |
| 15. When, in the exercise of his functions under the Act or these Rules, the Official Receiver requires the inspection or use of the file of proceedings the Registrar shall, on request, transmit the file of proceedings to the Official Receiver. |
| 16. Every officer of the Court who shall receive any document to which an adhesive stamp shall be affixed shall immediately upon receipt of the document deface the stamp thereon. |
| Service of originating application or summons and supporting affidavit |
| 17.—(1) Subject to any order to the contrary, every originating application and summons and the affidavit in support thereof shall be served upon every person against whom any order or other relief is sought but the Court may at any time direct that service be effected or notice of proceedings be given to any person who may be affected by the order or other relief sought and may at any time direct the manner in which such service is to be effected or such notice given; and any person so served or notified shall be entitled to be heard. [S 197/2022 wef 01/04/2022] | (2) Any document referred to as an exhibit in an affidavit shall be made available for inspection by any person upon whom service of the affidavit is required. [S 197/2022 wef 01/04/2022] |
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| Duration and renewal of originating application for purpose of service |
| 17A.—(1) Subject to the other provisions of these Rules, for the purposes of service, an originating application is valid in the first instance for 6 months beginning with the date of its issue. [S 197/2022 wef 01/04/2022] | (2) Subject to paragraph (3), where an originating application has not been served on a defendant, the Court may by order extend the validity of the originating application from time to time for such period, not exceeding 6 months at any one time, beginning with the day next following that on which it would otherwise expire, as may be specified in the order, if any application for extension is made to the Court before that day. [S 197/2022 wef 01/04/2022] |
| (3) Where the Court is satisfied on an application under paragraph (2) that, despite the making of reasonable efforts, it may not be possible to serve an originating application within 6 months, the Court may, if it thinks fit, extend the validity of the originating application for such period, not exceeding 12 months at any one time, as the Court may specify. [S 197/2022 wef 01/04/2022] |
| (4) Before an originating application, the validity of which has been extended under this rule, is served, it must be marked with an official stamp in Form 1A showing the period from which the validity of the originating application has been so extended. [S 197/2022 wef 01/04/2022] |
| (5) A note of the renewal must be entered in the cause book. [S 197/2022 wef 01/04/2022] |
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18. Except as otherwise provided by the Act, these Rules or any order —| (a) | all notices, summonses and other documents except those of which personal service is required, shall be deemed to be sufficiently served if left at or sent by prepaid post to the last known address of the person to be served therewith or to the address (if any) at which such person has authorised service on him to be effected; and the notice, summons or document if so sent by prepaid post shall be considered as served at the time that the same ought to be delivered in the ordinary course of post by the post office, and notwithstanding the same may be returned by the post office; | | (b) | no service shall be deemed invalid by reason that the name, or any of the names other than the surname of the person to be served, has been omitted from the document containing the person’s name if the Court is satisfied that in other respects the service of the document has been sufficient; | | (c) | when the solicitor for a party to be served accepts service of a document on behalf of that party and indorses the original or a copy thereof to that effect, that service shall be deemed sufficient. |
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19. Except as otherwise provided by the Act, these Rules or any order —| (a) | all matters which require to be gazetted shall be published once in the Gazette; | | (b) | all matters which require to be advertised shall be published once in a local newspaper; | | (c) | all matters required to be gazetted subsequent to a winding up order shall be gazetted by the liquidator; | | (d) | where any winding up order is amended or any matter which has been gazetted has been amended or altered or where any matter was wrongly or inaccurately gazetted or advertised the order or matter shall be re-gazetted or re-advertised with the necessary amendments and alterations. |
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| Memorandum of advertisements to be filed |
20. Unless otherwise expressly provided in the Act, these Rules or unless otherwise expressly ordered, where any matter is gazetted or advertised in connection with any proceedings under the Act or these Rules —| (a) | a memorandum as in Form 58 referring to and giving the date of the Gazette or advertisement, signed by the person responsible for the publication in the Gazette or newspaper or his solicitor shall be filed —| (i) | if the advertisement relates to proceedings for or in connection with a winding up by the Court, by the liquidator; or | | (ii) | in any other case, by the party responsible for publishing the advertisement; |
| | (b) | in the case of an advertisement for or in connection with a winding up by the Court, a copy of the newspaper or Gazette in which the advertisement appeared shall be delivered to the Official Receiver and a copy to the liquidator by the party responsible for publishing the advertisement; and | | (c) | such a memorandum shall be prima facie evidence that the advertisement to which it refers was published in the Gazette or in the issue of the newspaper mentioned in it. |
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| Enforcement of judgments or orders |
| 21. Every judgment or order of the Court made in the exercise of the powers conferred by the Act and these Rules may be enforced by the Court as if it were a judgment or order of the Court made in the exercise of its ordinary jurisdiction. |
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