Business Trusts Act 2004 · 2020 Revised Edition · Part 9 · Management and Administration
63B. Requirements for passing of resolutions by written means
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A resolution of the unitholders of an unlisted registered business trust may only be passed by written means if —
unlisted registered business trust
“unlisted registered business trust”, for the purposes of sections 63A to 63G, means a registered business trust the units of which are not listed for quotation or quoted on an approved exchange in Singapore or any securities exchange outside Singapore;
either —
agreement to the resolution was first sought by the directors of the trustee-manager of the unlisted registered business trust in accordance with section 63C; or
a requisition for that resolution was first given to the trustee-manager of the unlisted registered business trust in accordance with section 62 and, by reason of that notice, the documents mentioned in section 62(3A) in respect of the resolution were served on the unitholders of the unlisted registered business trust in accordance with section 62(3A);
the trust deed of the unlisted registered business trust does not prohibit the passing of resolutions (either generally or for the purpose in question) by written means; and
all conditions in the trust deed of the unlisted registered business trust relating to the passing of the resolution by written means are met.
Any resolution that is passed in contravention of subsection (1) is invalid.