Singapore legislation

Clause 152

of Companies (Amendment) Bill

Clause 152

Amendment of section 344

Section 344 of the Companies Act is amended —

(a)

by deleting subsection (1) and substituting the following subsection:“(1) Where the Registrar has reasonable cause to believe that a company is not carrying on business or is not in operation, the Registrar may send to the company, and its directors, secretaries and members, a letter to that effect and stating that, if an answer showing cause to the contrary is not received within 30 days after the date of the letter, a notice will be published in the Gazette with a view to striking the name of the company off the register.”;

(b)

by inserting, immediately after subsection (1), the following subsection:“(1A) Without prejudice to the generality of subsection (1), in determining whether there is reasonable ground to believe that a company is not carrying on business, the Registrar may have regard to such circumstances as may be prescribed.”;

(c)

by deleting the words “3 months from the date of that notice the name of the company mentioned therein will unless cause is” in subsection (2) and substituting the words “60 days after the date of that notice the name of the company mentioned in that notice will unless cause is, in the form and manner specified in section 344C,”;

(d)

by deleting the words “15 years” in subsection (5) and substituting the words “6 years”;

(e)

by inserting, immediately after subsection (6), the following subsection:“(7) The Registrar shall ensure that —

(a)

such particulars of the company referred to in subsection (1) and of his belief that the company is not carrying on business or is not in operation, as he may determine, is sent to —

(i)

the Inland Revenue Authority of Singapore established under the Inland Revenue Authority of Singapore Act (Cap. 138A); and

(ii)

the Central Provident Fund Board established under the Central Provident Fund Act (Cap. 36); and

(b)

the substance of the notices to be published in the Gazette referred to in subsections (2), (3) and (4) is also published on the Authority’s website.”.

Clause 152 — Companies (Amendment) Bill | laws.sg