Singapore legislation

Clause 84

of Companies Bill

Clause 84

Interpretations

(1)

In this Division and in the Seventh Schedule, unless inconsistent with the context or subject matter —[Aust.s. 76.]

Definition

“company” means a public company, and includes a corporation that is a public company under the law of a proclaimed country and is registered as a foreign company in Singapore;

Definition

“financial year”, in relation to a deed, means the period of twelve months ending on the thirty-first day of December or on such other date as is specified in lieu thereof in the deed;

Definition

“interest” means any right to participate or interest, whether enforceable or not and whether actual, prospective or contingent —

(a)

in any profits assets or realization of any financial or business undertaking or scheme whether in Singapore or elsewhere;

(b)

in any common enterprise whether in Singapore or elsewhere in which the holder of the right or interest is led to expect profits, rent or interest from the efforts of the promoter of the enterprise or a third party; or

(c)

in any investment contract,whether or not the right or interest is evidenced by a formal document and whether or not the right or interest relates to a physical asset, but does not include —

(d)

any share in or debenture of a corporation;

(e)

any interest in or arising out of a policy of life insurance; or

(f)

any interest in a partnership agreement;

Definition

“investment contract” means any contract, scheme or arrangement which in substance and irrespective of the form thereof involves the investment of money in or under such circumstances that the investor acquires or may acquire an interest in or right in respect of property which under or in accordance with the terms of investment will, or may at the option of the investor, be used or employed in common with any other interest in or right in respect of property acquired in or under like circumstances;

Definition

“management company”, in relation to any interests issued or proposed to be issued or any deed that relates to any interests issued or proposed to be issued means a company by or on behalf of which the interests have been or are proposed to be issued and includes any person for the time being exercising the functions of the management company;

Definition

“proclaimed country” means a country which the Minister has by notice published in the Gazette declared to be a proclaimed country for the purposes of this Division.

(2)

A reference in this Division to a deed shall be read as including a reference to any instrument amending or affecting the deed.