Taking Stock of the Insolvency Tests In Section 254 of the Companies Act

24 Pages Posted: 10 Feb 2012

See all articles by Meng Seng Wee

Meng Seng Wee

National University of Singapore (NUS) - Faculty of Law; National University of Singapore (NUS) - Centre for Law & Business

Date Written: December 31, 2011

Abstract

The recent Court of Appeal decision in BNP Paribas v. Jurong Shipyard Pte Ltd is a landmark decision on the insolvency tests in s. 254 of the Companies Act. Although the court did not expressly decline to follow English law, various propositions in the judgment mark the beginning of a distinct Singaporean jurisprudence on the meaning of the insolvency tests. This article explains the old law, which is poorly understood due to a lack of discussion, and examines the extent to which that has been altered by BNP.

Suggested Citation

Wee, Meng Seng, Taking Stock of the Insolvency Tests In Section 254 of the Companies Act (December 31, 2011). Singapore Journal of Legal Studies, pp. 486-509, December 2011, Available at SSRN: https://ssrn.com/abstract=2002499

Meng Seng Wee (Contact Author)

National University of Singapore (NUS) - Faculty of Law ( email )

469G Bukit Timah Road
Eu Tong Sen Building
Singapore, 259776
Singapore

National University of Singapore (NUS) - Centre for Law & Business ( email )

Eu Tong Sen Building
469G Bukit Timah Road
259776
Singapore

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
37
Abstract Views
728
PlumX Metrics