When creditors come knocking – the risks from statutory demands
By Raj Nair, Solvent & Mohammed Reza, Withers KhattarWong
21 July

Banana Leaf Apolo, a much-beloved name in Singapore’s culinary scene known for its tasty, spicy South Indian cuisine, recently found itself in the spotlight — not for its food, but for financial troubles.
An application was made for the restaurant chain to be wound up in insolvency following its failure to comply with a statutory demand, highlighting how financial oversight can quickly escalate into legal and reputational challenges, particularly given the public nature of winding up applications.
Banana Leaf Apolo's issue was eventually was resolved when the restaurant paid its poultry supplier. As a result, the winding-up application was withdrawn, and both parties confirmed that the matter was fully settled with no ongoing disputes. However there was already reputational damage. Thankfully for Apolo, it is regarded for its food. But what if you are a professional services firm (i.e., a law firm, a consultancy or an accounting services company), where reputation was everything?
Apolo’s situation is not an isolated one. Over the past few years, several high-profile businesses in Singapore — from affordable dining chains to tech startups and well-known consumer brands — have faced similar challenges.
In most cases, statutory demands were a symptom of deeper operational issues, which became the catalyst for more serious consequences: from suspension of trading on the stock exchange to full-scale liquidation.
These cases show that statutory demands are far more than procedural formalities. At best, they pose serious reputational risks.
At worst, they can be the first domino in a much larger collapse. The message for companies – whether large or small – is clear: early intervention, transparency, and sound professional advice can mean the difference between recovery and ruin.
Cash flow challenges
In today’s economic climate, many businesses are navigating structural changes, rising costs, and unpredictable market conditions. Even well-run companies can experience cash flow shortfalls that result in missed payments.
When a company receives a statutory demand for payment from a creditor, it faces two options:
- Ignore it, hoping to resolve the situation later or assuming the creditor will not follow through with legal action; or
- Engage with the creditor to explain the situation and negotiate a resolution – provided the debt is not genuinely in dispute.
Experience shows that the first option often leads to worse outcomes.
Ignoring a statutory demand does not make it disappear. On the contrary, it may result in added legal costs, reputational harm, and a loss of control. If the demand remains unsatisfied after the statutory period (typically 21 days), the debtor –
whether a company or an individual – may be presumed insolvent. This can lead to winding-up proceedings or bankruptcy applications.
Even for businesses facing only temporary financial pressure, the consequences can be significant:
- Loss of confidence among stakeholders (including customers, suppliers, and investors), and
- Unnecessary legal and financial fallout – especially where insolvency is not truly the issue.
Best practice advice
The good news? In most cases, timely action can prevent escalation. Whether through restructuring, negotiating payment terms, or resolving disputes, early professional support makes a meaningful difference.
If you are served with a statutory demand, do not delay. Seek expert advice as early as possible to protect your business, your reputation, and your future.

Raj Nair is the founder of Solvent. Solvent works alongside trusted legal professionals to provide tailored restructuring and insolvency solutions — for businesses of all sizes and across industries.

Mohammed Reza, a partner at Withers KhattarWong, specialises in commercial litigation and arbitration. He focuses on advising financial institutions and multinational corporations across a diverse range of business sector disputes.




Subscribe to Updates
Get the latest updates

