Singapore legislation
Clause 10
Clause 10
Amendment of section 175A
Section 175A of the Companies Act is amended —
by deleting subsection (1) and substituting the following subsection:“(1) A company need not hold an annual general meeting for a financial year —
if it is a private company in respect of which there is in force a resolution passed in accordance with subsection (2) to dispense with the holding of annual general meetings;
if, at the end of that financial year, it is a private company and has sent to all persons entitled to receive notice of general meetings of the company the documents mentioned in section 203(1) within the period specified in section 203(1)(b); or
if, at the end of that financial year, it is both a private company and a dormant relevant company the directors of which are, under section 201A, exempt from the requirements of section 201 for the financial year.”;
by deleting the words “subsection (1)” in subsections (2), (3) and (7) and substituting in each case the words “subsection (1)(a)”;
by deleting the words “3 months before the end of the year” in subsection (4) and substituting the words “14 days before the date by which an annual general meeting would have been required under section 175 to be held”;
by deleting subsection (8) and substituting the following subsection:“(8) If the resolution mentioned in subsection (1)(a) ceases to be in force but less than 3 months remain to the date on which the company is required under section 175 to hold an annual general meeting, the company need not hold that annual general meeting.”;
by deleting subsection (10) and substituting the following subsection:“(10) Unless the contrary intention appears, if a company need not hold an annual general meeting for a financial year then for that financial year —
a reference in any provision of this Act to the doing of anything at an annual general meeting is to be read as a reference to the doing of that thing by way of a resolution by written means under section 184A;
a reference in any provision of this Act to the date or conclusion of an annual general meeting is, unless the meeting is held, to be read as a reference to the date of expiry of the period by which an annual general meeting would have been required under section 175 to be held;
the reference in section 197(1) or (1A) to the lodging of a return with the Registrar after its annual general meeting is to be read as a reference to the lodging of that return —
in the case of a company mentioned in subsection (1)(a) or (b), after the company has sent to all persons entitled to receive notice of general meetings of the company the documents mentioned in section 203(1); or
in the case of a company mentioned in subsection (1)(c), after the end of its financial year.”; and
by deleting the section heading and substituting the following section heading:“When private company need not hold annual general meeting”.