Section 173G
Provision and use of residential address
(1)
Subject to this section, a director, a chief executive officer and a secretary of a company that is incorporated on or after 3 January 2016 is required to give notice to the Registrar of the following:
at incorporation or within 14 days after the date of his or her appointment (as the case may be) his or her residential address, unless his or her residential address has already been entered in the register of directors, register of chief executive officers or register of secretaries kept by the Registrar under section 173;
if there is any change to his or her residential address, the particulars of the change within 14 days after the change, unless such change has already been entered 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.
(2)
In the case of a company incorporated before 3 January 2016 —
a director, chief executive officer and secretary of the company is required to give notice to the Registrar of the following:
any change in his or her residential address that was lodged with the Registrar under section 173 in force immediately before that date within 14 days after the change, unless such change has already been entered 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;
any subsequent change in his or her residential address within 14 days after the change, unless such change has already been entered 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;
if the address that is entered as the residential address of a chief executive officer or a secretary under section 173D(3)(a) or (b) is not the individual’s residential address, the chief executive officer or secretary (as the case may be) is required to give notice to the Registrar of the individual’s residential address within 14 days after 3 January 2016, unless the residential address has, pursuant to a notice by the company under section 173A(1)(b)(ii), already been entered in the register of chief executive officers or the register of secretaries (as the case may be) kept by the Registrar under section 173.
(3)
Where a director, chief executive officer or secretary of a company has made a report of a change of his or her residential address under section 10 of the National Registration Act 1965, he or she is taken to have notified the Registrar of the change in compliance with subsection (1)(b) or (2), whichever subsection is applicable.
(4)
Despite section 12 or 12A, where on or after 3 January 2016, the residential address of a person is notified to the Registrar under subsection (1) or (2), or is transmitted to the Registrar by the Commissioner of National Registration under section 11 of the National Registration Act 1965, the residential address of the individual is protected from disclosure and is not available for public inspection or access except as provided for under this section or where the individual’s residential address is entered in the register of directors, register of chief executive officers or register of secretaries kept by the Registrar under section 173.
(5)
Where —
the alternate address of a director, chief executive officer or secretary is entered in the register of directors, register of chief executive officers or register of secretaries (as the case may be) that is kept by the Registrar under section 173(1)(a), (b) or (c), respectively; and
the circumstances set out in subsection (6) apply,the Registrar may enter the residential address of the director, chief executive officer or secretary in the respective register of directors, register of chief executive officers or register of secretaries, as the case may be.
(6)
Subsection (5) applies where —
communications sent by the Registrar under this Act, or by any officer of the Authority under any ACRA administered Act to the director, chief executive officer or secretary (as the case may be) at his or her alternate address and requiring a response within a specified period remain unanswered; or
there is evidence to show that service of any document under this Act or under any ACRA administered Act at the alternate address is not effective to bring it to the notice of the director, chief executive officer or secretary, as the case may be.
(7)
Before proceeding under subsection (5), the Registrar must give notice to the director, chief executive officer or secretary affected, and to every company of which the Registrar has been notified under this Act that the individual is a director, chief executive officer or secretary, as the case may be.
(8)
The notice mentioned in subsection (7) must —
state the grounds on which it is proposed to enter the individual’s residential address in the register of directors, register of chief executive officers or register of secretaries, as the case may be; and
specify a period within which representations may be made before that is done.
(9)
The Registrar must take account of any representations received within the specified period.
(10)
Where the Registrar enters the residential address in the register of directors, register of chief executive officers or register of secretaries under subsection (5), the Registrar must give notice of that fact to the director, chief executive officer or secretary affected, and to every company of which the Registrar has been notified under this Act that the individual is a director, chief executive officer or secretary, as the case may be.
(11)
A notice to a director, chief executive officer or secretary under subsection (7) or (10) must be sent to the individual at his or her 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.
(12)
Where the Registrar enters an individual’s residential address in the register of directors, register of chief executive officers or register of secretaries under subsection (5), or a Registrar appointed under any other ACRA administered Act discloses and makes available for public inspection under that Act the particulars of an individual’s residential address under a provision of that Act equivalent to subsection (5) —
the residential address ceases to be protected under subsection (4) from disclosure or from public inspection or access; and
the individual is not, for a period of 3 years after the date on which the residential address is entered in the register of directors, register of chief executive officers or register of secretaries, allowed to provide an alternate address under section 173B(1)(b) or 173E(4).
(13)
Nothing in this section applies to any information lodged with the Registrar or deemed to be lodged before 3 January 2016 or prevents such information from being disclosed or from being available for public inspection or access.
(14)
Nothing in this section prevents the residential address of an individual that is notified to the Registrar under subsection (1) or (2), or is transmitted to the Registrar by the Commissioner of National Registration under section 11 of the National Registration Act 1965 from —
being used by the Registrar for the purposes of any communication with the individual;
being disclosed for the purposes of issuing any summons or other legal process against the individual for the purposes of this Act or any other written law;
disclosure in compliance with the requirement of any court or the provisions of any written law;
disclosure for the purpose of assisting any public officer or officer of any other statutory body in the investigation or prosecution of any offence under any written law; or
disclosure in such other circumstances as may be prescribed.
(15)
Any individual aggrieved by the decision of the Registrar under subsection (5) may, within 30 days after the date of receiving the notice under subsection (10), appeal to the Court which may confirm the decision or give such directions in the matter as seem proper or otherwise determine the matter.
(16)
In this section, “ACRA administered Act” means the Accounting and Corporate Regulatory Authority Act 2004 and any of the written laws specified in the Second Schedule to that Act.