Companies Act 1967 · 2020 Revised Edition · Part 4 · Shares, Debentures and Charges
78E. Position at end of period for creditor objections
Last amended by an amending law of 2014.
Official textFrom Singapore Statutes Online, unchanged
Where —
a private company passes a special resolution for reducing its share capital and meets the requirements under section 78B(1)(c) and the solvency requirements under section 78B(3) (if applicable); and
no application for cancellation of the resolution has been made under section 78D(2) during the 6 weeks beginning with the resolution date,for the reduction of share capital to take effect, the company must lodge with the Registrar —
a copy of the resolution in accordance with section 186; and
the following documents after the end of 6 weeks, and before the end of 8 weeks, beginning with the resolution date:
a copy of the solvency statement under section 78B(3) (if applicable);
a statement made by the directors confirming that the requirements under section 78B(1)(c) and the solvency requirements under section 78B(3) (if applicable) have been complied with, and that no application for cancellation of the resolution has been made;
a notice containing the reduction information.
Where —
a public company passes a special resolution for reducing its share capital and meets the requirements under section 78C(1)(c) and the solvency requirements (if applicable) under section 78C(3); and
no application for cancellation of the resolution has been made under section 78D(2) during the 6 weeks beginning with the resolution date,for the reduction of share capital to take effect, the company must lodge with the Registrar the following documents after the end of 6 weeks, and before the end of 8 weeks, beginning with the resolution date:
a statement made by the directors confirming that the requirements under section 78C(1)(c) and the solvency requirements under section 78C(3) (if applicable) have been complied with, and that no application for cancellation of the resolution has been made;
a notice containing the reduction information.
Where —
a private company passes a special resolution for reducing its share capital and meets the requirements under section 78B(1)(c) and the solvency requirements under section 78B(3) (if applicable); but(b)during the 6 weeks beginning with the resolution date, one or more applications for cancellation of the resolution are made under section 78D(2),for the reduction of share capital to take effect, the following conditions must be satisfied:
the company has complied with section 78D(4)(b) (notification to Registrar) in relation to all such applications;
the proceedings in relation to each such application have been brought to an end —
by the dismissal of the application under section 78F; or
without determination (for example, because the application has been withdrawn);
the company has, within 15 days beginning with the date on which the last such proceedings were brought to an end in accordance with paragraph (d), lodged with the Registrar —
a statement made by the directors confirming that the requirements under section 78B(1)(c), the solvency requirements under section 78B(3) (if applicable) and section 78D(4)(b) have been complied with, and that the proceedings in relation to each such application have been brought to an end by the dismissal of the application or without determination;
in relation to each such application which has been dismissed by the Court, a copy of the order of the Court dismissing the application; and
a notice containing the reduction information.
Where —
a public company passes a special resolution for reducing its share capital and meets the requirements under section 78C(1)(c) and the solvency requirements under section 78C(3) (if applicable); but(b)during the 6 weeks beginning with the resolution date, one or more applications for cancellation of the resolution are made under section 78D(2),for the reduction of capital to take effect, the following conditions must be satisfied:
the company has complied with section 78D(4)(b) (notification to Registrar) in relation to all such applications;
the proceedings in relation to each such application have been brought to an end —
by the dismissal of the application under section 78F; or
without determination (for example, because the application has been withdrawn);
the company has, within 15 days beginning with the date on which the last such proceedings were brought to an end in accordance with paragraph (d), lodged with the Registrar —
a statement made by the directors confirming that the requirements under section 78C(1)(c), the solvency requirements under section 78C(3) (if applicable) and section 78D(4) have been complied with, and that the proceedings in relation to each such application have been brought to an end by the dismissal of the application or without determination;
in relation to each such application which has been dismissed by the Court, a copy of the order of the Court dismissing the application; and
a notice containing the reduction information.
The resolution in a case referred to in subsection (1), (2), (3) or (4), and the reduction of the share capital, take effect when the Registrar has recorded the information lodged with him or her in the appropriate register.
share
“share” means share in the share capital of a corporation and includes stock except where a distinction between stocks and shares is expressed or implied;
Terms defined in this Act
company
Defined · s 4“company” means a company incorporated under this Act or under any corresponding previous written law;
lodged
Defined · s 4“lodged” means lodged under this Act or any corresponding previous written law;
private company
Defined · s 4“private company” means —(a)any company which immediately prior to 29 December 1967 was a private company under the provisions of the repealed written laws;(b)any company incorporated as a private company by virtue of section 18; or(c)any company converted into a private company pursuant to section 31(1),being a company which has not ceased to be a private company under section 31 or 32;
register
Defined · s 386AB“register of controllers” or “register” —(a)in relation to a company to which this Part applies — means the register that the company is required to keep of its registrable controllers under section 386AF(1), (1A), (2) or (3); and(b)in relation to a foreign company to which this Part applies — means the register that the foreign company is required to keep of its registrable controllers under section 386AF(4), (4A), (5) or (6);
Registrar
Defined · s 4“Registrar” means the Registrar of Companies appointed under this Act and includes any Deputy or Assistant Registrar of Companies;
share
Defined · s 4“share” means share in the share capital of a corporation and includes stock except where a distinction between stocks and shares is expressed or implied;
Part 5
Management and Administration
Part 6
Financial Statements and Audit
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