Singapore legislation
Clause 6
Clause 6
New sections 12A and 12B
The Companies Act is amended by inserting, immediately after section 12, the following sections:“Electronic filing service12A.—
Where the Registry of Companies provides a service (to be called an Electronic Filing Service), whether before or after the commencement of this Act, for the use of subscribers, whereby documents required under this Act may be filed electronically with the Registry, neither the Government nor any of its employees shall be liable for any loss or damage, suffered by any person by reason of any errors or omissions, of whatever nature or however caused, appearing in any document obtained by any person under the Electronic Filing Service if such errors or omissions are made in good faith and in the ordinary course of the discharge of the duties of these employees or have occurred or arisen as a result of any defect or breakdown in the Electronic Filing Service or in any of the equipment used for the Electronic Filing Service.Evidentiary value of copies of electronically filed documents certified by Registrar(2) A copy of or extract from any document electronically filed with the Registry of Companies under subsection (1) supplied or issued by the Registrar and certified to be a true copy or extract thereof under the hand and seal of the Registrar shall in any proceedings be admissible in evidence as of equal validity with the original document.Certificate in respect of documents filed electronically(3) The Registrar may require a certificate, in respect of any document to be filed electronically, from the party filing the document certifying to the effect that any stamp fee payable for the document has been duly paid and that he has witnessed the signing and execution of the document or that the document has been duly signed and executed by the person concerned and that such signing or execution has been duly witnessed by a notary public or a solicitor or approved company auditor or a person with such other qualifications as may be prescribed for the purposes of this section. The Registrar may require the production of any document that has been signed and executed under this subsection.Rectification of register12B.—
Where it appears to the Court, as a result of evidence adduced before it by an applicant company, that any particular recorded in a register is erroneous or defective, the Court may, by order, direct the Registrar to rectify the register on such terms and conditions as seem to the Court just and expedient, as are specified in the order and the Registrar shall, upon receipt of the order rectify the register accordingly.(2) An order of the Court made under subsection (1) shall require that a fresh document, showing the rectification, shall be filed by the applicant company with the Registrar together with a copy of the Court order, a copy of the court application and the affidavits in support thereof.”.