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The Moratorium under Sections 210(10) and 211B of the Companies Act

Mohan Gopalan

[2019] SAL Prac 2

Abstract:
One feature of Singapore law that helps a debtor company restructure its debts using a scheme of arrangement is the debtor’s ability to obtain a moratorium on all legal proceedings against it. This article explores certain issues concerning the requirements and scope of the moratorium provisions in ss 210(10) and 211B of the Companies Act (Cap 50, 2006 Rev Ed). It will be seen that the Singapore courts have taken a practical approach to resolving issues relating to s 210(10), and that where s 210(10) has fallen short, s 211B has generally filled the gaps and is therefore a welcome addition to Singapore law.