Singapore legislation
Clause 61
Clause 61
Interpretation of Parts 4 to 12
(1)
In Parts 4 to 12, unless the context otherwise requires —
Definition
“accounts” has the meaning given by section 4(1) of the Companies Act;
Definition
“books” has the meaning given by section 4(1) of the Companies Act;
Definition
“business day” means any day other than a Saturday, Sunday or public holiday;
Definition
“certified” —
in relation to a copy of a document, means certified in the prescribed manner to be a true copy of the document; and
in relation to a translation of a document, means certified in the prescribed manner to be a correct translation of the document into the English language;
Definition
“charge” has the meaning given by section 4(1) of the Companies Act;
Definition
“chief executive officer” has the meaning given by section 4(1) of the Companies Act;
Definition
“company limited by guarantee” has the meaning given by section 4(1) of the Companies Act;
Definition
“company limited by shares” has the meaning given by section 4(1) of the Companies Act;
Definition
“constitution”, in relation to a company, has the meaning given by section 4(1) of the Companies Act;
Definition
“creditors’ voluntary winding up” means a winding up under Division 3 of Part 8, other than a members’ voluntary winding up;
Definition
“debenture” has the meaning given by section 4(1) of the Companies Act;
Definition
“default penalty” means a default penalty within the meaning given by section 267;
Definition
“director” has the meaning given by section 4(1) of the Companies Act;
Definition
“document” includes any summons, order or other legal process, any notice and any register;
Definition
“holding company” has the meaning given by section 5 of the Companies Act;
Definition
“limited company” has the meaning given by section 4(1) of the Companies Act;
Definition
“members’ voluntary winding up” means a winding up under Division 3 of Part 8, for which a declaration has been made and lodged under section 163;
Definition
“netting arrangement” means an arrangement under which 2 or more claims or obligations can be converted into a net claim or obligation, and includes a close‑out netting arrangement (under which actual or theoretical debts are calculated during the course of a contract for the purpose of enabling them to be set off against each other or to be converted into a net debt);
Definition
“officer”, in relation to a corporation, includes —
a director or secretary of the corporation, or a person employed in an executive capacity by the corporation;
a receiver and manager of any part of the undertaking of the corporation appointed under a power contained in any instrument; and
a liquidator of a company appointed in a voluntary winding up,but does not include —
a receiver who is not also a manager;
a receiver and manager appointed by the Court;
a liquidator appointed by the Court or by the creditors; or
a judicial manager appointed under Part 7;
Definition
“preferential debt” means any debt that is to be paid in priority to all other unsecured debts, and is specified in section 203;
Definition
“registered”, in relation to a corporation, means registered under the Companies Act or any corresponding previous enactment;
Definition
“resolution for voluntary winding up” means the resolution mentioned in section 160;
Definition
“scheme manager”, in relation to any scheme of arrangement between a company and the company’s creditors or any class of those creditors, under Part VII of the Companies Act or Part 5 of this Act, means any person appointed by the Court or the company under the scheme of arrangement to administer and manage the scheme of arrangement;
Definition
“scheme of arrangement” means any compromise or arrangement, between a company and the company’s creditors or any class of those creditors, approved under Part VII of the Companies Act or Part 5 of this Act;
Definition
“security” means any mortgage, charge, pledge, lien or other security recognised by law;
Definition
“set‑off arrangement” means an arrangement under which 2 or more debts, claims or obligations can be set off against each other;
Definition
“share” has the meaning given by section 4(1) of the Companies Act;
Definition
“special notice” has the meaning given by section 185 of the Companies Act;
Definition
“special resolution” means a special resolution mentioned in section 184 of the Companies Act;
Definition
“statutory meeting” has the meaning given by section 4(1) of the Companies Act;
Definition
“statutory report” has the meaning given by section 4(1) of the Companies Act;
Definition
“treasury share” has the meaning given by section 4(1) of the Companies Act;
Definition
“ultimate holding company” has the meaning given by section 5A of the Companies Act;
Definition
“unit” has the meaning given by section 4(1) of the Companies Act;
Definition
“unlimited company” has the meaning given by section 4(1) of the Companies Act.
(2)
A reference in Parts 4 to 12 to the directors of a company is, in the case of a company that has only one director, to be construed as a reference to that director.
(3)
A reference in Parts 4 to 12 to the doing of any act by 2 or more directors of a company is, in the case of a company that has only one director, to be construed as the doing of that act by that director.