§ 30 — Power to make special administration order, etc.

30.—(1) If the Minister is satisfied that any one or more of the grounds specified in subsection (2) are satisfied in relation to that designated entity, the Minister may make any one or more of the following orders:(a)

a special administration order in relation to that designated entity;

(b)

an order requiring —(i)

the designated entity;

(ii)

in the case of a designated entity that is a business trust — the trustee‑manager of the business trust; or

(iii)

in the case of a designated entity that is a trust other than a business trust — the trustee of the trust,

to immediately take any action or to do or not do any act or thing in relation to the business or undertaking of the designated entity that the Minister considers necessary;

(c)

an order appointing a person to advise —(i)

the designated entity;

(ii)

in the case of a designated entity that is a business trust — the trustee‑manager of the business trust; or

(iii)

in the case of a designated entity that is a trust other than a business trust — the trustee of the trust,

in the proper conduct of the business or undertaking of the designated entity.

(2) For the purposes of subsection (1), the grounds specified are the following:(a)

the Minister considers it to be in the interest of the security and reliability of the carrying on of the business, undertaking or activities of the designated entity;

(b)

the Minister considers it to be in the interest of Singapore’s national security.

(3) The Minister may make a special administration order in relation to a designated entity despite the commencement of (as applicable) —(a)

any proceedings relating to the making of an order under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to the designated entity, being a corporation;

(b)

any proceedings relating to the making of a judicial management order under Part 7 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to the designated entity, being a corporation;

(c)

any meeting convened under section 94(7) of the Insolvency, Restructuring and Dissolution Act 2018 in respect of the designated entity, being a corporation;

(d)

any proceedings under the Insolvency, Restructuring and Dissolution Act 2018 relating to the winding up of the affairs of the designated entity, being a company or an unregistered company;

(e)

any proceedings under the Limited Liability Partnerships Act 2005 relating to the winding up of the affairs of the designated entity, being a limited liability partnership; or

(f)

any proceedings before any court for the dissolution, winding up or termination (as the case may be) of the designated entity, being an entity not mentioned in paragraph (d) or (e).

(4) Notice of any order under subsection (1) must be given immediately by the Minister to any persons, and in any manner, determined by the Minister.

(5) The Minister may at any time (whether or not the appointment of the person has terminated) fix the remuneration and expenses of a person appointed by an order under subsection (1)(c) to be paid by —(a)

the designated entity;

(b)

if the designated entity is a business trust — the trustee‑manager of the business trust; or

(c)

if the designated entity is a trust other than a business trust — the trustee of the trust.

(6) If —(a)

the Minister issues an order under subsection (1) to —(i)

a designated entity;

(ii)

the trustee‑manager of the business trust (in the case of a designated entity that is a business trust); or

(iii)

the trustee of the trust (in the case of a designated entity that is a trust other than a business trust); and

(b)

the designated entity, the trustee‑manager of the business trust, or the trustee of the trust (as the case may be) fails to comply with that order,

the designated entity, the trustee‑manager of the business trust, or the trustee of the trust (as the case may be) shall be guilty of an offence.

—(1) If the Minister is satisfied that any one or more of the grounds specified in subsection (2) are satisfied in relation to that designated entity, the Minister may make any one or more of the following orders:(a)

a special administration order in relation to that designated entity;

(b)

an order requiring —(i)

the designated entity;

(ii)

in the case of a designated entity that is a business trust — the trustee‑manager of the business trust; or

(iii)

in the case of a designated entity that is a trust other than a business trust — the trustee of the trust,

to immediately take any action or to do or not do any act or thing in relation to the business or undertaking of the designated entity that the Minister considers necessary;

(c)

an order appointing a person to advise —(i)

the designated entity;

(ii)

in the case of a designated entity that is a business trust — the trustee‑manager of the business trust; or

(iii)

in the case of a designated entity that is a trust other than a business trust — the trustee of the trust,

in the proper conduct of the business or undertaking of the designated entity.

(2) For the purposes of subsection (1), the grounds specified are the following:(a)

the Minister considers it to be in the interest of the security and reliability of the carrying on of the business, undertaking or activities of the designated entity;

(b)

the Minister considers it to be in the interest of Singapore’s national security.

(3) The Minister may make a special administration order in relation to a designated entity despite the commencement of (as applicable) —(a)

any proceedings relating to the making of an order under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to the designated entity, being a corporation;

(b)

any proceedings relating to the making of a judicial management order under Part 7 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to the designated entity, being a corporation;

(c)

any meeting convened under section 94(7) of the Insolvency, Restructuring and Dissolution Act 2018 in respect of the designated entity, being a corporation;

(d)

any proceedings under the Insolvency, Restructuring and Dissolution Act 2018 relating to the winding up of the affairs of the designated entity, being a company or an unregistered company;

(e)

any proceedings under the Limited Liability Partnerships Act 2005 relating to the winding up of the affairs of the designated entity, being a limited liability partnership; or

(f)

any proceedings before any court for the dissolution, winding up or termination (as the case may be) of the designated entity, being an entity not mentioned in paragraph (d) or (e).

(4) Notice of any order under subsection (1) must be given immediately by the Minister to any persons, and in any manner, determined by the Minister.

(5) The Minister may at any time (whether or not the appointment of the person has terminated) fix the remuneration and expenses of a person appointed by an order under subsection (1)(c) to be paid by —(a)

the designated entity;

(b)

if the designated entity is a business trust — the trustee‑manager of the business trust; or

(c)

if the designated entity is a trust other than a business trust — the trustee of the trust.

(6) If —(a)

the Minister issues an order under subsection (1) to —(i)

a designated entity;

(ii)

the trustee‑manager of the business trust (in the case of a designated entity that is a business trust); or

(iii)

the trustee of the trust (in the case of a designated entity that is a trust other than a business trust); and

(b)

the designated entity, the trustee‑manager of the business trust, or the trustee of the trust (as the case may be) fails to comply with that order,

the designated entity, the trustee‑manager of the business trust, or the trustee of the trust (as the case may be) shall be guilty of an offence.