Singapore legislation

Clause 25

of Companies (Amendment) Bill

Clause 25

New section 173A

The Companies Act is amended by inserting, immediately above section 174, the following section:“Interpretation of this Division173A.—

(1)

In this Division, something is “in legible form or a permitted alternative form” if, and only if, it is sent or otherwise supplied —

(a)

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

(b)

in another form that —

(i)

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

(ii)

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 —

(a)

it is published on a website;

(b)

the member is notified, in the manner currently agreed between him and the company, of —

(i)

its publication;

(ii)

the address of the website where it is published;

(iii)

the place on the website where it may be accessed; and

(iv)

how to access it; and

(c)

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 —

(a)

an address of a person includes any number or address used for electronic communication;

(b)

the current address which the company has for a member is an address which —

(i)

has been notified by the member to the company as one at which documents may be sent to him; and

(ii)

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) —

(i)

by means of a telecommunication system; or

(ii)

by other means but while in an electronic form; and

(d)

“telecommunication system” has the same meaning as in the Telecommunications Act (Cap. 323).”.