Singapore legislation
Clause 445
Clause 445
Remote attendance at meetings
(1)
Subject to subsection (2), this section applies to —
any meeting of the creditors of an individual or a company summoned under this Act or the regulations;
any meeting of the members or contributories of a company summoned by the relevant officeholder under this Act or the regulations, other than a meeting of the members of a company in a members’ voluntary winding up;
any meeting of the committee of inspection of a company called by the liquidator under section 151(2); or
any meeting of the creditors’ committee convened by the Official Assignee under section 331(2).
(2)
Where the person summoning a meeting (called in this section the convener) considers it appropriate, the meeting may be conducted and held in such a way that persons who are not present together at the same place may attend it.
(3)
Where a meeting is conducted and held in the manner mentioned in subsection (2), a person attends the meeting if that person is able to exercise any rights which that person may have to speak and vote at the meeting.
(4)
For the purposes of this section —
a person is able to exercise the right to speak at a meeting when that person is in a position to communicate to all those attending the meeting, during the meeting, any information or opinions which that person has on the business of the meeting; and
a person is able to exercise the right to vote at a meeting when —
that person is able to vote, during the meeting, on resolutions put to the vote at the meeting; and
that person’s vote can be taken into account in determining whether or not such resolutions are passed at the same time as the votes of all the other persons attending the meeting.
(5)
The convener of a meeting which is to be conducted and held in the manner mentioned in subsection (2) must make appropriate arrangements to —
enable those attending the meeting to exercise their rights to speak or vote; and
ensure the identification of those attending the meeting and the security of any electronic means used to enable attendance.
(6)
Where in the reasonable opinion of the convener —
a meeting which is to be conducted and held in the manner mentioned in subsection (2) will be attended by persons who will not be present together at the same place; and
it is unnecessary or inexpedient to specify a place for the meeting,any requirement under this Act or the regulations to specify a place for the meeting may be satisfied by specifying the arrangements the convener proposes to enable persons to exercise their rights to speak or vote.
(7)
In making the arrangements mentioned in subsection (5) and in forming the opinion mentioned in subsection (6)(b), the convener must have regard to the legitimate interests of the members or contributories of the company, creditors and others attending the meeting in the efficient despatch of the business of the meeting.
(8)
If —
the notice of a meeting which is to be conducted and held in the manner mentioned in subsection (2) does not specify a place for the meeting;
the convener is requested in accordance with the regulations to specify a place for the meeting; and
that request is made —
in the case of a meeting of creditors or contributories, by at least 10% in value of the creditors or contributories; or
in the case of a meeting of members of the company, by members representing at least 10% of the total voting rights of all the members having at the date of the request a right to vote at the meeting,it is the duty of the convener to specify a place for the meeting.
(9)
Where a person attends, in accordance with subsection (3), a meeting conducted and held in the manner mentioned in subsection (2), that person is deemed for the purposes of this Act to be present in person at the meeting.
(10)
In this section, “members’ voluntary winding up” has the meaning given by section 61(1).