Singapore legislation

Clause 55

of Business Trusts Bill

Clause 55

Calling of meetings

(1)

Two or more unitholders of a registered business trust may call a meeting of unitholders of the registered business trust if they ––

(a)

hold in the aggregate not less than 10% of the total voting rights of all the unitholders having at the date of calling of the meeting a right to vote at general meetings of the unitholders of the registered business trust; or

(b)

constitute not less than 5% in number of the unitholders of the registered business trust or such lesser number as is provided by the trust deed of the registered business trust.

(2)

The trustee-manager of a registered business trust shall call a meeting of the unitholders of the registered business trust or of a class of unitholders of the registered business trust, other than a meeting for the passing of a special resolution, by notice in writing of not less than 14 days or such longer period as is provided in the trust deed of the registered business trust.

(3)

A meeting shall, notwithstanding that it is called by notice shorter than is required by subsection (2), be deemed to be duly called if it is so agreed —

(a)

in the case of a meeting called as the annual general meeting, by all the unitholders entitled to attend and vote thereat; or

(b)

in the case of any other meeting, by a majority in number of the unitholders having a right to attend and vote thereat, being a majority which together holds not less than 95% of the total voting rights of all the unitholders at that meeting.

(4)

The trustee-manager of a registered business trust shall serve notice of every meeting on every unitholder of the registered business trust having a right to attend and vote thereat in the manner in which such notice is required to be served under the trust deed of the registered business trust.

(5)

Any trustee-manager of a registered business trust which contravenes subsection (2) or (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part thereof during which the offence continues after conviction.