Singapore legislation

Clause 30

of ACRA (Registry and Regulatory Enhancements) Bill

Clause 30

New sections 12E and 12F

In the Companies Act, after section 12D, insert —“Exclusion of residential address from public inspection or access if contact address is available12E.—

(1)

The Registrar must cause —

(a)

the residential address of a director, chief executive officer or secretary contained in the register of directors, register of chief executive officers or register of secretaries (as the case may be) kept by the Registrar under section 173(1) to be excluded from public inspection or access under section 12(2)(c); and

(b)

the residential address of a member of a private company (who is an individual) contained in the electronic register of members kept by the Registrar under section 196A to be excluded from public inspection or access under section 12(2)(d).(2) Where, pursuant to subsection (1) or (3), the residential address of a director, chief executive officer or secretary of a company or a member of a private company mentioned in subsection (1) (called in this section and section 12F the individual) is excluded from public inspection or access under section 12(2)(c) or (d) (as the case may be), the Registrar may cause the residential address to cease to be excluded from such public inspection or access in accordance with section 12F.(3) Where, pursuant to subsection (2), the individual’s residential address has ceased to be excluded from public inspection or access under section 12(2)(c) or (d) (as the case may be), the Registrar must cause the exclusion from public inspection or access to resume if —

(a)

subject to section 12F(8) and the equivalent provisions in other ACRA administered Acts, notice of a change in the individual’s contact address is lodged under any ACRA administered Act; or

(b)

the Court so directs on an appeal under section 12F(7).(4) Where —

(a)

a document is filed or lodged with the Registrar under this Act by submitting a form on the electronic transaction system on or after the date of commencement of section 30 of the ACRA (Registry and Regulatory Enhancements) Act 2024; and

(b)

an individual’s residential address is entered in that form,the Registrar must cause the individual’s residential address to be excluded from public inspection or access in respect of that document under section 12(2)(a) or (b).Cessation of exclusion of residential address from public inspection or access12F.—

(1)

For the purposes of section 12E(2), the grounds for causing the individual’s residential address to cease to be excluded from public inspection or access under section 12(2)(c) or (d) (as the case may be) are either that —

(a)

communications sent by the Registrar under this Act, or by any officer of the Authority under any ACRA administered Act, to the individual at his or her contact address and requiring a response within a specified period remain unanswered; or

(b)

there is evidence to show that service of any document under this Act or under any ACRA administered Act at the individual’s contact address is not effective to bring it to the notice of the individual.(2) Before causing the individual’s residential address to cease to be excluded from public inspection or access pursuant to section 12E(2), the Registrar must give a notice under subsection (3) to —

(a)

the individual;

(b)

every company of which the Registrar has been notified under this Act that the individual is a director, chief executive officer or secretary; and

(c)

every private company of which the Registrar has been notified under this Act that the individual is a member.(3) The notice mentioned in subsection (2) must —

(a)

state the grounds under subsection (1) on which the Registrar intends to cease the exclusion of the individual’s residential address; and

(b)

specify the period within which representations may be made to the Registrar.(4) The Registrar must consider the representations (if any) given in response to the notice mentioned in subsection (2) and received within the period specified by the Registrar under subsection (3)(b).(5) If the Registrar decides to cause the individual’s residential address to cease being excluded from public inspection or access, the Registrar must before doing so give notice of the decision to —

(a)

the individual; and

(b)

every company mentioned in subsection (2)(b) and (c).(6) A notice to the individual under subsection (2) or (5) must be sent to the individual’s residential address unless it appears to the Registrar that service at that address may be ineffective to bring it to the individual’s notice, in which case it may be sent to any other last known address of that individual.(7) Any individual aggrieved by the decision of the Registrar under section 12E(2) may, within 30 days after the date of receiving the notice under subsection (5), appeal to the Court which may confirm or reverse the Registrar’s decision and make any directions in the matter.(8) The individual is not allowed to provide a contact address within 3 years after the Registrar causes the individual’s residential address to cease to be excluded from public inspection or access under section 12(2)(c) or (d) pursuant to section 12E(2), unless the Registrar is satisfied that there is good cause for allowing the individual to do so in a particular case.(9) Subject to subsection (8), where an individual provides a new contact address under any ACRA administered Act, the Registrar must replace the individual’s contact address contained in each register kept by the Registrar under section 12(1) with the new contact address.”.