Clause 22

by deleting subsection (1A) and substituting the following subsections:“(1A) It shall be the duty of the directors of a company to take all reasonable steps to secure that each secretary of the company is a person who appears to them to have the requisite knowledge and experience to discharge the functions of secretary of the company.(1AA) In addition, it shall be the duty of the directors of a public company to take all reasonable steps to secure that each secretary of the company is a person who —

on 15th May 1987 held the office of secretary in that company and continued to hold that office on the date of commencement of the Companies (Amendment) Act 2003;

for at least 3 years in the period of 5 years immediately preceding his appointment as secretary, held the office of secretary of a company;

is a qualified person under the Legal Profession Act (Cap. 161), an accountant registered with the Institute of Certified Public Accountants of Singapore, a member of the Singapore Association of the Institute of Chartered Secretaries and Administrators, or a member of such other professional association as may be prescribed; or

is, by virtue of such academic or professional qualifications as may be prescribed, capable of discharging the functions of secretary of the company.(1AB) The Registrar may require a private company to appoint a person who satisfies subsection (1AA)(b), (c) or (d) as its secretary if he is satisfied that the company has failed to comply with any provision of this Act with respect to the keeping of any register or other record.”;

by deleting the words “by virtue of his qualification under subsection (1A)” in subsection (1B);

by deleting the words “an advocate and solicitor, accountant or” in subsection (1B);

by deleting the words “subsection (1A)(a)” in subsection (1C) and substituting the words “subsection (1AA)(a)”; and

by deleting the words “subsection (1A)(b), (c) and (d)” in subsection (1C) and substituting the words “subsection (1AA)(b), (c) and (d)”.