Singapore legislation
Clause 13
Clause 13
Amendment of section 28
Section 28 of the Companies Act is amended —
by deleting subsections (2) and (3) and substituting the following subsections:“(2) If the Registrar approves the name which the company has resolved should be its new name, he shall register the company under the new name and issue to the company a notice of incorporation of the company under the new name and, upon the issue of such notice, the change of name shall become effective. (3) If the name of a company is, whether through inadvertence or otherwise or whether originally or by a change of name —
a name by which the company could not be registered without contravention of section 27(1); or
a name that so nearly resembles the name of another company or corporation or a business name as to be likely to be mistaken for it,the company may by special resolution change its name to a name that is not a name referred to in paragraph (a) or (b) and, if the Registrar so directs, shall so change it within 6 weeks after the date of the direction or such longer period as the Registrar may allow, unless the direction is annulled by the Minister.(3A) Any person may apply in writing to the Registrar to give a direction to a company under subsection (3) on a ground referred to in that subsection; but the Registrar shall not consider any application to give a direction to a company on the ground referred to in subsection (3)(b) unless the Registrar receives the application within 12 months from the date of change of name of the company.(3B) If the company fails to comply with subsection (3), the company and its officers shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 and also to a default penalty.(3C) Subsections (2C) and (5) of section 27 shall, with the necessary modifications, apply in relation to a company directed under subsection (3) to change its name as they apply in relation to a company directed under section 27(2) to change its name.”; and
by deleting subsection (5) and substituting the following subsection:“(5) Upon the application of a company and payment of the prescribed fee, the Registrar shall issue to the company a certificate, under his hand and seal, confirming the incorporation of the company under the new name.”.