Singapore legislation

Section 386AF

of Companies Act 1967

Section 386AF

Register of controllers

Amended by15/2017Act 23 of 2024 wef 16/06/2025Act 23 of 2024 wef 16/06/202515/201715/201715/2017Act 23 of 2024 wef 16/06/2025Act 23 of 2024 wef 16/06/202515/201715/2017Act 2 of 2022 wef 04/10/2022Act 2 of 2022 wef 04/10/202215/201715/201715/201715/201715/2017Act 23 of 2024 wef 16/06/202515/2017Act 23 of 2024 wef 16/06/2025Act 23 of 2024 wef 16/06/202515/2017Act 23 of 2024 wef 16/06/2025Act 23 of 2024 wef 16/06/2025

(1)

A company incorporated on or after 31 March 2017 but before the appointed day, must keep a register of its registrable controllers not later than 30 days after the date of the company’s incorporation.

Amended by15/2017Act 23 of 2024 wef 16/06/2025

(1A)

A company incorporated on or after the appointed day must keep a register of its registrable controllers starting on the date of the company’s incorporation.

Amended byAct 23 of 2024 wef 16/06/2025

(2)

A company incorporated before 31 March 2017 must keep a register of its registrable controllers not later than 60 days after that date.

Amended by15/2017

(3)

If a company that is not a company to which this Part applies subsequently becomes a company to which this Part applies, the company must keep a register of its registrable controllers not later than 60 days after the date on which this Part applies or re‑applies to the company.

Amended by15/2017

(4)

A foreign company registered under Division 2 of Part 11 on or after 31 March 2017 but before the appointed day, must keep a register of its registrable controllers not later than 30 days after the date of the foreign company’s registration.

Amended by15/2017Act 23 of 2024 wef 16/06/2025

(4A)

A foreign company registered under Division 2 of Part 11 on or after the appointed day must keep a register of its registrable controllers starting on the date of the foreign company’s registration.

Amended byAct 23 of 2024 wef 16/06/2025

(5)

A foreign company registered under Division 2 of Part XI before 31 March 2017 must keep a register of its registrable controllers not later than 60 days after that date.

Amended by15/2017

(6)

If a foreign company that is not a foreign company to which this Part applies subsequently becomes a foreign company to which this Part applies, the foreign company must keep a register of its registrable controllers not later than 60 days after the date on which this Part applies or re‑applies to the foreign company.

Amended by15/2017

(7)

A company or foreign company must ensure that its register —

(a)

contains such particulars of the company’s or foreign company’s registrable individual controllers and registrable corporate controllers as may be prescribed;

(aa)contains the note and prescribed particulars required under section 386AFA(3), if applicable;

(b)

is updated if any change to the prescribed particulars mentioned in paragraph (a) or (aa) occurs; and

(c)

is kept in such form and at such place as may be prescribed.

Amended byAct 2 of 2022 wef 04/10/2022Act 2 of 2022 wef 04/10/202215/2017

(8)

A company or foreign company must enter the particulars in its register and update the register within the prescribed time and in the prescribed manner.

Amended by15/2017

(9)

A company or foreign company must —

(a)

enter the particulars of any controller in its register, or update the particulars of that controller in the register, after the particulars of that controller are confirmed by the controller; or

(b)

if the company or foreign company does not receive the controller’s confirmation, enter or update the particulars with a note indicating that the particulars have not been confirmed by the controller.

Amended by15/2017

(10)

For the purposes of subsection (9)(a), the particulars of the controller to be entered, or updated, in a register must be confirmed by the controller in the prescribed manner.

Amended by15/2017

(11)

Subject to section 386AM, a company or foreign company must not disclose, or make available for inspection, a register or any particulars contained in the register to any member of the public.

Amended by15/2017

(12)

If a company fails to comply with —

(a)

subsection (1), (1A), (2) or (3), whichever is applicable; or

(b)

subsection (7), (8), (9) or (11),the company, and every officer 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 $25,000.

Amended byAct 23 of 2024 wef 16/06/202515/2017Act 23 of 2024 wef 16/06/2025

(13)

If a foreign company fails to comply with —

(a)

subsection (4), (4A), (5) or (6), whichever is applicable; or

(b)

subsection (7), (8), (9) or (11),the foreign company, and every officer of the foreign company who is in default, shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $25,000.

Amended byAct 23 of 2024 wef 16/06/202515/2017Act 23 of 2024 wef 16/06/2025

(14)

In this section, “appointed day” means the date of commencement of section 4 of the Companies and Limited Liability Partnerships (Miscellaneous Amendments) Act 2024.

Amended byAct 23 of 2024 wef 16/06/2025