Singapore legislation

Section 78A

of Companies Act 1967

Section 78A

Preliminary

Amended by36/201436/201436/2014

(1)

A company may reduce its share capital under the provisions of this Division in any way and, in particular, do all or any of the following:

(a)

extinguish or reduce the liability on any of its shares in respect of share capital not paid up;

(b)

cancel any paid‑up share capital which is lost or unrepresented by available assets;

(c)

return to shareholders any paid‑up share capital which is more than it needs.

(2)

A company may not reduce its share capital in any way except by a procedure provided for it by the provisions of this Division.

(3)

A company’s constitution may exclude or restrict any power to reduce share capital conferred on the company by this Division.

Amended by36/2014

(4)

In this Division —

Amended by36/2014

Definition

“reduction information”, in relation to a proposed reduction of share capital by a special resolution of a company, means the following information:

(a)

the amount of the company’s share capital that is thereby reduced;

(b)

the number of shares that are thereby cancelled;

Definition

“resolution date”, in relation to a resolution, means the date when the resolution is passed.

Amended by36/2014

(5)

This Division does not apply to an unlimited company, and does not preclude such a company from reducing in any way its share capital.

(5A)

This Division does not apply to any redemption of preference shares issued by a company under section 70(1) which results in a reduction in the company’s share capital.

Amended by36/2014

(6)

This Division does not apply to the purchase or acquisition or proposed purchase or acquisition by a company of its own shares in accordance with sections 76B to 76G.