Singapore legislation

Clause 37

of Business Trusts (Amendment) Bill

Clause 37

Amendment of section 79

Section 79 of the principal Act is amended —

(a)

by deleting subsections (1) and (2) and substituting the following subsections:“(1) Despite section 78 and anything in the trust deed of a registered business trust, the trustee‑manager of the registered business trust may, in such cases as may be prescribed by the Authority and provided all the conditions imposed thereunder by the Authority are complied with, send a summary financial statement of the registered business trust instead of copies of the documents mentioned in section 78(1) to the unitholders of the registered business trust.(2) Where the trustee‑manager of a registered business trust sends to the unitholders of the registered business trust a summary financial statement under subsection (1), any of the unitholders, and any holder of a debenture, entitled to be provided with a copy of the documents mentioned in section 78(3) by the trustee‑manager may instead request for a summary financial statement from the trustee‑manager, and the trustee‑manager must send the summary financial statement to the requesting unitholder or holder of a debenture.”;

(b)

by deleting the word “listed” wherever it appears in subsections (3), (4), (7) and (8);

(c)

by deleting the words “referred to” in subsections (4) and (8) and substituting in each case the word “mentioned”;

(d)

by deleting paragraph (a) of subsection (5) and substituting the following paragraph:“(a)must be derived from the annual financial statements or consolidated financial statements of the registered business trust and the directors’ statement of the trustee‑manager of the registered business trust; and”;

(e)

by deleting paragraphs (a) and (b) of subsection (6) and substituting the following paragraphs:“(a)state that it is only a summary of information in the annual financial statements or consolidated financial statements of the registered business trust and directors’ statement of the trustee‑manager of the registered business trust; and

(b)

contain a statement by the auditors of the registered business trust (if any) of their opinion as to whether the summary financial statement is consistent with the financial statements or consolidated financial statements and the directors’ statement and complies with the requirements of this section and any regulations made under subsection (8).”;

(f)

by inserting, immediately after subsection (6), the following subsection:“(6A) The trustee‑manager of a registered business trust must ensure that the summary financial statements comply with the requirements mentioned in subsections (5) and (6).”; and

(g)

by deleting subsection (9).