Singapore legislation
Clause 25
Clause 25
New section 173A
The Companies Act is amended by inserting, immediately above section 174, the following section:“Interpretation of this Division173A.—
In this Division, something is “in legible form or a permitted alternative form” if, and only if, it is sent or otherwise supplied —
in a form (such as a paper document) that is legible before being sent or otherwise supplied and does not change form during that process; or
in another form that —
is currently agreed between the company and the person as a form in which the thing may be sent or otherwise supplied to the person or to the company, as the case may be; and
is such that documents sent or supplied in that form can (where particular conditions are met) be received in legible form or be made legible following receipt in non-legible form.(2) In this Division, something is made accessible by a company to a member in accordance with this section if, and only if —
it is published on a website;
the member is notified, in the manner currently agreed between him and the company, of —
its publication;
the address of the website where it is published;
the place on the website where it may be accessed; and
how to access it; and
the company and the member have agreed that the member will have access to the thing on a website instead of having it sent to him in any other way.(3) Where a provision of this Division requires anything to be sent or otherwise supplied by a company to a member, that requirement is complied with by sending the thing to an address only if it is sent to a current address which the company has for the member.(4) Where a provision of this Division requires anything to be notified by a company to a member, then, without prejudice to any other means of notifying the thing to him, that requirement is complied with if the notification is sent by the company to a current address which the company has for the member.(5) If, in addition to the requirement in subsection (3) or (4), this Act imposes a requirement for the thing to be sent or otherwise supplied in legible form or a permitted alternative form, subsection (1) shall also apply.(6) For the purposes of this section and section 175A —
an address of a person includes any number or address used for electronic communication;
the current address which the company has for a member is an address which —
has been notified by the member to the company as one at which documents may be sent to him; and
the company has no reason to believe that documents sent to the member at that address will not reach him; (c)“electronic communication” means communication transmitted (whether from one person to another, from one device to another, from a person to a device or from a device to a person) —
by means of a telecommunication system; or
by other means but while in an electronic form; and
“telecommunication system” has the same meaning as in the Telecommunications Act (Cap. 323).”.