Singapore legislation
Section 76
Section 76
When residential address may be entered in register in place of alternate address
(1)
Where —
the alternate address of a director or secretary is entered in the register of directors or register of secretaries, as the case may be; and
the circumstances set out in subsection (2) apply,the Registrar may enter the residential address of the director or secretary in the register of directors or register of secretaries, as the case may be.
(2)
Subsection (1) applies where —
communications sent by the Registrar under this Act, or by any officer of ACRA under any ACRA‑administered Act to the director or secretary (as the case may be) at his or her alternate address and requiring a response within a specified period remain unanswered; or
there is evidence to show that service of any document under this Act or under any ACRA‑administered Act at the alternate address is not effective to bring it to the notice of the director or secretary, as the case may be.
(3)
Before proceeding under subsection (1), the Registrar must give notice to the director or secretary affected, and to every VCC of which the Registrar has been notified under this Act that the individual is a director or secretary, as the case may be.
(4)
The notice mentioned in subsection (3) must —
state the grounds on which it is proposed to enter the individual’s residential address in the register of directors or register of secretaries, as the case may be; and
specify a period within which representations may be made before that is done.
(5)
The Registrar must take account of any representations received within the specified period.
(6)
Where the Registrar enters the residential address in the register of directors or register of secretaries under subsection (1), the Registrar must give notice of that fact to the director or secretary affected, and to every VCC of which the Registrar has been notified under this Act that the individual is a director or secretary, as the case may be.
(7)
A notice to a director or secretary under subsection (3) or (6) must be sent to the individual at his or her residential address unless it appears to the Registrar that service at that address may be ineffective to bring it to the individual’s notice, in which case it may be sent to any other last known address of that individual.
(8)
Where the Registrar enters an individual’s residential address in the register of directors or secretaries under subsection (1), or a Registrar appointed under any other ACRA‑administered Act discloses and makes available for public inspection under that Act the particulars of an individual’s residential address under a provision of that Act equivalent to subsection (1) —
the residential address ceases to be protected under section 75(7) from disclosure or from public inspection or access; and
the individual is not, for a period of 3 years after the date on which the residential address is entered in the register of directors or register of secretaries, allowed to provide an alternate address under section 173B(1)(b) of the Companies Act 1967 as applied by section 72(2), or section 173E(4) of the Companies Act 1967 as applied by section 74(1), as the case may be.
(9)
Any individual aggrieved by the Registrar’s decision under subsection (1) may, within 30 days after the date of receiving the notice under subsection (6), appeal to the Court which may confirm the decision or give such directions in the matter as seem proper or otherwise determine the matter.
(10)
In this section, “ACRA-administered Act” means the Accounting and Corporate Regulatory Authority Act 2004 and any of the written laws specified in the Second Schedule to that Act.