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laws.sgby aturio
In forceAmended2020 Revised Edition
Contents

Part 12 · General

387B. Electronic transmission of documents

Amended

Last amended by an amending law of 2023. 2 amendments in all.

(1)

Where any accounts, balance sheet, financial statements, report or other document is required or permitted to be sent under this Act or under the constitution of a company by the company or the directors of the company to —

(a)

a member of the company; or

(b)

an officer or auditor of the company,that document may be sent using electronic communications to the current address of that person.

(2)

For the purposes of this section, a document is also treated as sent to a person where —

(a)

the company and that person have agreed in writing to the person having access to documents on a website (instead of their being sent to the person);

(b)

the document is a document to which that agreement applies;

(c)

the document is published on the website such that it is or can be made legible; and

(d)

that person is notified, in a manner for the time being agreed for that purpose between the person and the company, of —

(i)

the publication of the document on that website;

(ii)

the address of that website; and

(iii)

the place on that website where the document may be accessed, and how it may be accessed.

(3)

Where any provision of this Act or of the constitution of the company requires any document to be sent to a person not less than a specified number of days before a meeting, that document, if treated in accordance with subsection (2) as sent to any person, is treated as sent to the person not less than the specified number of days before the date of a meeting if, and only if —

(a)

the document is published on and remains accessible to that person from the website throughout a period beginning before the specified number of days before the date of the meeting and ending with the conclusion of the meeting; and

(b)

the notification given for the purposes of subsection (2)(d) is given not less than the specified number of days before the date of the meeting.

(4)

Nothing in subsection (3) invalidates the proceedings of a meeting where —

(a)

any document that is required to be published and remain accessible as mentioned in paragraph (a) of that subsection is published and remains accessible for a part, but not all, of the period mentioned in that paragraph; and

(b)

the failure to publish and make accessible that document throughout that period is wholly attributable to circumstances which it would not be reasonable to have expected the company to prevent or avoid.

(5)

A company may, despite any provision to the contrary in its constitution, take advantage of subsection (1), (2), (3) or (4).

(6)

For the purposes of this section and sections 387C and 387D —

(a)

a reference to a document does not include any of the following:

(i)

a share certificate;

(ii)

a debenture;

(iii)

a certificate of any other interest in a company;

(iv)

an instrument of transfer of any share, debenture or other interest in a company; and

(b)

a reference to the sending of a document includes the circulation, delivery, despatching, depositing, forwarding, furnishing, giving, issuing, serving, submission, transmitting or supply of that document.

Report

Read on from s 387C

Schedules

Read on from Schedules