Singapore legislation

Clause 68

of Companies (Amendment) Bill

Clause 68

Amendment of section 145

Section 145 of the Companies Act is amended —

(a)

by inserting, immediately after subsection (4), the following subsections:“(4A) Subject to subsection (5), unless the constitution otherwise provides, a director of a company may resign by giving the company a notice in writing of his resignation.(4B) Subject to subsection (5), the resignation of a director shall not be conditional upon the company’s acceptance of his resignation.”; and

(b)

by deleting subsection (6) and substituting the following subsection:“(6) Subsection (5) shall not apply where a director of a company is required to resign or vacate his office —

(a)

if he has not within the period referred to in section 147(1) obtained his qualification;

(b)

by virtue of his disqualification or removal or the revocation of his appointment as a director, as the case may be, under section 148, 149, 149A, 154, 155, 155A or 155C of this Act, section 50 or 54 of the Banking Act (Cap. 19), section 47 of the Finance Companies Act (Cap. 108), section 57 of the Financial Advisers Act (Cap. 110), section 62 or 63 of the Financial Holdings Companies Act 2013 (Act 13 of 2013), section 31, 31A, 35ZJ or 41(2)(a)(ii) of the Insurance Act (Cap. 142), section 30AAI of the Monetary Authority of Singapore Act (Cap. 186), section 12A of the Money‑changing and Remittance Businesses Act (Cap. 187), section 22 of the Payment Systems (Oversight) Act (Cap. 222A), section 44, 46Z, 81P, 81ZJ, 97 or 292A of the Securities and Futures Act (Cap. 289) and section 14 of the Trust Companies Act (Cap. 336); or (c)if he, being a director of a Registered Fund Management Company as defined in the Securities and Futures (Licensing and Conduct of Business) Regulations (Cap. 289, Rg 10), has been removed by the company as director in accordance with those Regulations.”.

Clause 68 — Companies (Amendment) Bill | laws.sg