Short answer: A valid statutory demand on a Singapore company is a written demand for a debt over S$15,000 that is due, left at the company’s registered office by the creditor or its authorised agent. If the company does not pay, secure or compound the sum within 3 weeks, it is deemed unable to pay its debts (IRDA s 125(2)(a)).
Key facts at a glance
- Legal basis: section 125(2)(a) of the Insolvency, Restructuring and Dissolution Act 2018 (IRDA).
- Threshold: the debt must exceed S$15,000 and be due; the Minister may change the sum by Gazette order (s 125(7)).
- Service: by leaving a written demand at the company’s registered office, made by the creditor or its lawfully authorised agent.
- Waiting period: 3 weeks after service, during which the company must pay the sum, or secure or compound it to the creditor’s reasonable satisfaction.
- Section 125 does not set out a prescribed form for a demand on a company; the statutory test is the content and the service.
- If the demand goes unmet, the creditor may apply to the High Court to wind up the company (s 124(1)(c)); the applicant pays a S$10,400 winding up deposit to the Official Receiver.
Raffles Corporate Services works with a panel of experienced Singapore law firms who offer cost-effective and efficient legal service and advice. This article is general information only and is not legal advice.
The statutory demand form Singapore creditors use for company debts is often misunderstood. People ask whether a prescribed form exists, how large the debt must be, and whether an email will do. This guide sets out what section 125 of the IRDA actually requires, how service works, and where a demand most often fails. We read the text of the Act on Singapore Statutes Online on 10 November 2026; always check the version in force on the day you act.
What is a statutory demand on a company, and what is the legal basis?
It is a written demand for a debt that, if unpaid for 3 weeks, lets a court treat the company as unable to pay its debts. That is one of the grounds on which the High Court may order a winding up.
Section 125(1)(e) of the IRDA lists inability to pay debts as a ground for winding up. Section 125(2) then says when a company is deemed unable to pay its debts. The first limb, section 125(2)(a), is the statutory demand route. The other two limbs are an enforcement order or process that is returned unsatisfied in whole or in part (s 125(2)(b)), and proof to the court’s satisfaction that the company cannot pay its debts, taking contingent and prospective liabilities into account (s 125(2)(c)).
The Ministry of Law’s Insolvency Office summarises the same test: a company is deemed unable to pay its debts if a creditor owed more than S$15,000 serves a demand at the registered office and the sum stays unpaid for 3 weeks. For a plain-language explainer on the waiting period, see our guide to the 21-day statutory demand rule.
Who can serve a demand, for what debt, and is there a prescribed form?
The creditor, or the creditor’s lawfully authorised agent, serves the demand for a debt above S$15,000 that is then due. Section 125 sets no prescribed form for a corporate demand, so the content and the service decide whether it is valid.
Section 125(2)(a) uses these words in substance: a creditor (by assignment or otherwise) to whom the company is indebted in a sum exceeding S$15,000 then due has served on the company, by leaving at its registered office, a written demand by the creditor or the creditor’s lawfully authorised agent requiring the company to pay the sum so due. Four points follow from the text.
- The debt must be due. A sum that is not yet payable, or is merely contingent, does not support a demand under this limb.
- It must exceed S$15,000. The sum due to the same creditor must be above the threshold.
- The demand must be in writing and must require the company to pay the sum due.
- A creditor who took the debt by assignment can serve it, and so can a lawyer or other agent acting with the creditor’s authority.
We found no mandatory form for a corporate demand in section 125, so a clear written demand can meet the statutory words. A well-drafted demand usually identifies the creditor, the company, the debt and how it arose, the amount, and the 3-week consequence. These contents are good practice rather than a quoted statutory checklist. Take legal advice on the drafting before you serve, because the demand later becomes evidence in a winding up application.
How do you serve a statutory demand on a company?
Leave it at the company’s registered office. The statute names that place, so service elsewhere, or by email alone, does not match the words of section 125(2)(a).
- Confirm the company’s registered office from its current ACRA record, because the address may have changed.
- Confirm the debt is due and exceeds S$15,000 on the creditor’s own records.
- Prepare the written demand, made by the creditor or its authorised agent, with the amount and the supporting invoices or contract.
- Leave the demand at the registered office. Keep a record of who delivered it, when, and to whom it was handed, with photographs and a dated receipt where possible.
- Diarise the 3 weeks from the date of service, with a safety margin for any dispute about the service date.
- Do not file the winding up application until the 3 weeks have passed without payment or an arrangement.
Post or email can be added as a courtesy copy, but should not be the only method. Where the registered office is a company secretary’s or corporate service provider’s address, staff must pass the demand to the directors promptly. A courtesy copy to the directors reduces the chance of an unseen demand.
What documents support a statutory demand?
The demand itself is the core document. The supporting papers prove the debt and the service if the matter goes to court.
| Document | Purpose |
|---|---|
| Written demand | States the sum due and requires payment; meets the words of s 125(2)(a) |
| Invoices, contract or judgment | Shows the debt is due and how the amount is made up |
| Statement of account | Confirms payments received and a balance above S$15,000 |
| Authority of agent (if used) | Shows the demand was made by the creditor’s lawfully authorised agent |
| ACRA business profile | Confirms the registered office where service was made |
| Record of service | Evidence of when and where the demand was left, and by whom |
What is the timeline, and what does it cost?
The key clock is 3 weeks from service. Costs depend on whether the company pays, disputes the debt, or ignores the demand. We cite only figures from official sources.
| Stage | Timing | Cost or fee |
|---|---|---|
| Prepare and serve the demand | Day 0 | Professional fees for drafting and service, quoted by the solicitor |
| Company’s response window | 3 weeks after service | No court fee at this stage |
| Winding up application filed (if unpaid) | After the 3 weeks | Applicant pays a S$10,400 winding up deposit to the Official Receiver (Insolvency Office guidance) |
| Hearing and order | Depends on the court’s diary and any opposition | Legal costs vary with complexity; no fixed scale is cited here |
Assumptions: the debt is undisputed and no cross-claim is raised. If the company disputes the debt in good faith, the process shifts. See our explainers on setting aside a statutory demand and the bona fide dispute test and on filing a winding up application in the High Court.
What does the company secretary prepare, and what does the solicitor file?
Court proceedings are conducted by a Singapore Advocate and Solicitor. The company secretary or corporate service provider supports the company and the creditor with corporate records, but does not give legal advice.
For a company that receives a demand, the secretary can confirm the registered office and who collects mail there, circulate the demand to all directors the same day, and keep a log of when the demand arrived. The board can then decide whether to pay, negotiate or dispute, with a Singapore litigation solicitor advising on any court step.
For a creditor, the secretary-side work is limited to confirming the debtor’s registered office and officers from ACRA records. The solicitor drafts and serves the demand, assesses whether the debt is genuinely undisputed, and files and argues the winding up application and its supporting affidavit.
What happens after the 3 weeks?
If the company has not paid, secured or compounded the sum, the creditor may apply to the High Court to wind up the company. Unless a voluntary winding up resolution was passed earlier, winding up is deemed to have commenced when the application is made (s 126).
A creditor may make a winding up application (s 124(1)(c)). The court has discretion, and the deemed inability to pay is not the end of the matter. In Metalform Asia Pte Ltd v Holland Leedon Pte Ltd [2007] 2 SLR 268, which concerned an undisputed debt, the Court of Appeal held that a company with a serious cross-claim on substantial grounds need only show the petition was likely to fail to obtain an injunction restraining its filing. In Pacific Recreation Pte Ltd v S Y Technology Inc [2008] SGCA 1 (neutral citation; unreported here), the Court of Appeal stressed that courts should not be quick to condemn viable companies that have plausible responses to claims made against them. If the court makes an order, it must be lodged with ACRA; see how to lodge a court order with ACRA. A company that wants to resist should read our guide to opposing a winding up application.
What are the common mistakes that sink a statutory demand?
Most failures come from the service and the debt, not the drafting. These points cause the most trouble.
- Serving somewhere other than the registered office, or relying only on email or post.
- Demanding a sum that is not yet due, or that falls to or below S$15,000 once part payments are counted.
- Mixing an undisputed sum with a disputed one, which invites a dispute over the whole demand.
- Not keeping a clear record of the service date, so the 3 weeks cannot be shown to have run.
- Treating the demand as automatic proof of insolvency, when the court can still look at a genuine dispute or cross-claim.
- For the debtor: ignoring a demand left at a registered office that nobody checks, and finding out only when the application is served.
For the debtor’s first steps, our group site has a practical guide on what to do in the first 7 days after a demand. Other helpful resources are on our free tools page.
Frequently asked questions
Is there an official statutory demand form for a company in Singapore?
Section 125(2)(a) of the IRDA does not set out a prescribed form. It requires a written demand, by the creditor or its lawfully authorised agent, requiring the company to pay a sum due. A solicitor will usually draft it so it can stand as evidence later.
What is the minimum amount for a statutory demand on a company?
The debt must exceed S$15,000 and be due. Section 125(7) lets the Minister substitute a different sum by Gazette order, so confirm the figure on the date you serve.
Can I serve a statutory demand on a company by email?
The section refers to leaving the demand at the company’s registered office. Email alone does not match those words, so serve at the registered office and treat email as a courtesy copy only.
How long does the company have to respond?
Three weeks after service. The company must pay the sum, or secure or compound it to the creditor’s reasonable satisfaction, within that period.
Does an unpaid demand mean the company is automatically wound up?
No. It lets the creditor rely on deemed inability to pay in a winding up application. The court decides, and a genuine dispute or substantial cross-claim can change the outcome.
Need help with this?
Our team at Raffles Corporate Services can prepare the resolutions, registers and ACRA filings, and where court proceedings or legal advice are needed, we work with a panel of experienced Singapore law firms who offer cost-effective and efficient legal service and advice.
Email: [email protected]
Call, SMS or WhatsApp: +65 8501 7133
Official sources: Insolvency, Restructuring and Dissolution Act 2018, Ministry of Law Insolvency Office, About Liquidation or Winding Up, Metalform Asia Pte Ltd v Holland Leedon Pte Ltd.
Last reviewed: 10 November 2026. The Editorial Team, Raffles Corporate Services.
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