Singapore legislation

Section 116

of Variable Capital Companies Act 2018

Section 116

Procedure and powers of inspector

Section 236 of the Companies Act 1967 applies in relation to an investigation of the affairs of a VCC under this Part as it applies in relation to an investigation of the affairs of a company under Part 9 of that Act, subject to section 5 and the following modifications:

(a)

a reference in section 236(1) and (4A) of the Companies Act 1967 to a corporation which is or has at any relevant time been deemed to be or to have been related to the company by virtue of section 6 of that Act, is to the VCC’s related corporation;

(b)

subject to paragraph (c), a reference in section 236 of the Companies Act 1967 to an officer or agent of a corporation whose affairs are being investigated is to an officer or agent of the VCC or the VCC’s related corporation;

(c)

a reference in section 236(3) of the Companies Act 1967 to an officer or agent of a corporation is to —

(i)

an officer or agent of the VCC or of the VCC’s related corporation as defined in section 110(3) or (4) (as the case may be) that is an individual;

(ii)

an officer of the manager of the VCC, or of the manager of the VCC’s related corporation (being also a VCC);

(iii)

an officer of the custodian of the VCC, or of the custodian of the VCC’s related corporation (if the VCC or related corporation is a non‑umbrella VCC);

(iv)

an officer of the custodian of a sub‑fund of the VCC, or of the custodian of a sub‑fund of the VCC’s related corporation (if the VCC or related corporation is an umbrella VCC);

(d)

a reference in section 236(4A) and (5) of the Companies Act 1967 to a director or past director of the company or the corporation whose affairs are being investigated, is to a person who is or was —

(i)

a director of the VCC or the VCC’s related corporation;

(ii)

the manager of the VCC or of the VCC’s related corporation (being also a VCC); or

(iii)

the custodian of the VCC (being a non-umbrella VCC) or of the VCC’s related corporation (being also a non-umbrella VCC).