Companies Act 1967 · 2020 Revised Edition · Part 6 · Financial Statements and Audit
205AD. Court may order written statement not to be sent out
Last amended by an amending law of 2014.
Official textFrom Singapore Statutes Online, unchanged
This section applies if an application has been made under section 205AC(2) in relation to a written statement given by an auditor.
If the Court is satisfied that the auditor has abused the use of the written statement or is using the written statement to secure needless publicity for any defamatory matter, the Court —
must direct that copies of the written statement are not to be sent under section 205AC(1); and
may order the auditor, though not a party to the application, to pay the applicant’s costs on the application in whole or in part.
If the Court gives directions under subsection (2)(a), the company must, within 14 days beginning on the date on which the directions are given send a notice setting out the effect of the directions to —
company
“company” means a company incorporated under this Act or under any corresponding previous written law;
every member of the company; and
unless already named as a party to the proceedings, the auditor who gave the written statement.
If the Court decides not to grant the application, the company must, within 14 days beginning on the date on which the decision is made or on which the proceedings are discontinued for any reasons —
give notice of the decision to the auditor who has given the written statement; and
send a copy of the written statement to every member of the company and to that auditor.
If default is made in complying with subsection (3) or (4), the company and every director of the company who is in default shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $5,000.
director
“director” includes any person occupying the position of director of a corporation by whatever name called and includes a person in accordance with whose directions or instructions the directors or the majority of the directors of a corporation are accustomed to act and an alternate or substitute director;
Terms defined in s 4
company
Defined · s 4“company” means a company incorporated under this Act or under any corresponding previous written law;
director
Defined · s 4“director” includes any person occupying the position of director of a corporation by whatever name called and includes a person in accordance with whose directions or instructions the directors or the majority of the directors of a corporation are accustomed to act and an alternate or substitute director;
Part 7
Arrangements, Reconstructions and Amalgamations
Part 8
Part 8A
Part 9
Investigations
Part 10
Dissolution
Part 10A
Transfer of Registration
Part 11
Various Types of Companies, Etc.
Part 11A
Register of Controllers, Nominee Directors and Nominee Shareholders of Companies
Part 12