Singapore legislation
Section 344A
Section 344A
Striking off on application by company
(1)
The Registrar may, on the application by a company, strike the company’s name off the register on such grounds and subject to such conditions as may be prescribed.
(2)
An application under subsection (1) is to be made on the company’s behalf by its directors or by a majority of them.
(3)
Upon receipt of the application, the Registrar must, if satisfied that the grounds and conditions (if any) referred to in subsection (1) have been satisfied, send to the company and its directors, secretaries and members a letter informing them of the application and stating that if an answer showing cause to the contrary (in the form and manner referred to in section 344C) is not received within 30 days after the date thereof a notice, details of which are set out in subsection (4), will be published in the Gazette with a view to striking the name of the company off the register.
(4)
The Registrar may not strike a company’s name off the register under this section until after the expiration of 60 days after the publication by the Registrar in the Gazette of a notice —
stating that the Registrar intends to exercise the power under this section in relation to the company; and
inviting any person to show cause why that should not be done within such period as may be prescribed.
(5)
If no person shows cause or sufficient cause within the period referred to in subsection (4)(b) as to why the name of the company should not be struck off the register, the Registrar must strike off the name of the company from the register and publish a notice in the Gazette of the company’s name having been so struck off.
(6)
On the publication of the notice in the Gazette under subsection (5), the company is dissolved.
(7)
Despite the dissolution of the company under subsection (6) —
the liability (if any) of every officer and member of the company continues and may be enforced as if the company had not been dissolved; and
nothing in this section affects the power of the Court to wind up a company the name of which has been struck off the register.
(8)
The Registrar must ensure that —
such particulars of the company and of the application mentioned in subsection (1), as the Registrar may determine, is sent to —
the Inland Revenue Authority of Singapore established under the Inland Revenue Authority of Singapore Act 1992; and
the Central Provident Fund Board established under the Central Provident Fund Act 1953; and
the substance of the notices to be published in the Gazette referred to in subsections (4) and (5) is also published on the Authority’s website.
(9)
The Registrar may, for the purposes of this section, send notices to the company by ordinary post or in such other prescribed manner.