Clause 46

Any person who, immediately before the appointed day, was the Registrar, a Deputy Registrar or an Assistant Registrar of Businesses appointed under section 3(2) of the repealed Act is to be treated as the Registrar, a Deputy Registrar or an Assistant Registrar of Business Names, respectively, appointed under section 3(2) of this Act until his or her appointment is revoked, the term of his or her appointment expires, or he or she dies, retires or otherwise vacates his or her office before the expiry of his or her term of appointment.

Any person who, immediately before the appointed day, is registered or deemed to be registered under the repealed Act is to be treated as registered under section 8 of this Act in respect of the business name for which he or she is registered or deemed to be registered under section 8 of the repealed Act and the registration of that person and the person’s business name expires on the date that the registration would have expired if this Act had not been enacted.

The Registrar is to transfer to the register kept under this Act the names, addresses and other particulars of such persons which appear, immediately before the appointed day, in the register kept under the repealed Act.

Any person (A) who, under regulations made under the repealed Act before the appointed day, was registered as a local manager appointed by a person carrying on business (B) is to be treated as having been appointed the authorised representative of B on the appointed day unless either A or B, within 30 days after the appointed day, lodges a notice with the Registrar that —

Where an individual proprietor, a firm or a foreign company is treated as registered under subsection (2) and the individual proprietor, all the partners of the firm or all the officers of the foreign company resides or reside outside Singapore within the meaning of section 11(14) on the appointed day, the individual proprietor, firm or foreign company, as the case may be, must, unless subsection (4) applies, appoint at least one authorised representative in accordance with the provisions of section 11 within 30 days after the appointed day, failing which —

Any person who was a prescribed person for the purposes of section 20(2) of the repealed Act before the appointed day may, on and after that day but before such date as the Minister may, by notification in the Gazette, prescribe, continue to carry out any transaction with the Registrar using the electronic transaction system which was permitted or required to be done by the prescribed person in relation to the service referred to in section 20(1) of the repealed Act immediately before the appointed day.

The service referred to in section 20(1) of the repealed Act immediately before the appointed day is, on and after that day, to be treated as the electronic transaction system referred to in section 29 of this Act.

Any application for registration under the provisions of the repealed Act before the appointed day which was pending immediately before that day is, where applicable, to be treated as an application for registration under the corresponding provisions of this Act.

Any reservation of name under section 13(3) of the repealed Act which has not expired before the appointed day is to be treated as a reservation of name under the corresponding provisions of this Act but the reservation expires on the date on which the reservation would have expired if the repealed Act were still in force.

Where an appeal has been made to the Minister under the repealed Act and the appeal has not been dealt with or disposed of immediately before the appointed day, the appeal may be dealt with in accordance with that repealed section as if this Act had not been enacted.

This Act does not affect —

Any subsidiary legislation made under the repealed Act and in force immediately before the appointed day is, so far as it is not inconsistent with the provisions of this Act, to continue in force as if made under this Act until it is revoked or repealed.

For a period of 2 years after the appointed day, the Minister may, by regulations, prescribe such other transitional, incidental and consequential matters arising from the repeal of the repealed Act, as the Minister may consider necessary or expedient.

Any written law or document referring to the repealed Act or any provision thereof is, as far as may be necessary for preserving its effect, to be construed as referring or as including a reference to this Act or the corresponding provision in this Act, as the case may be.

In this section —

“appointed day” means the date of commencement of this Act;

“repealed Act” means the Business Registration Act (Cap. 32, 2004 Ed.) repealed by this Act.