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Singapore legislation

Regulation 12

of Companies (Revision of Defective Financial Statements, or Consolidated Financial Statements or Balance-sheet) Regulations 2018

Regulation 12

Application of section 201AA of Act to revised financial statements, etc.

Subregulation 1

Subject to this regulation, section 201AA of the Act applies to the revised financial statements, or revised consolidated financial statements or balance‑sheet, of a company as it applies to the documents mentioned in subsection (1) of that section.

Subregulation 2

Subject to the modifications in paragraph (3), section 201AA(1)(a) of the Act applies in respect of the revised financial statements, or revised consolidated financial statements or balance‑sheet, of a private company that had not dispensed with the holding of an annual general meeting as it applies to the documents mentioned in that provision.

Subregulation 3

For the purposes of paragraph (2), the reference in section 201AA(1)(a) of the Act to the annual general meeting under section 201 of the Act is a reference to the general meeting at which the revised financial statements, or revised consolidated financial statements or balance‑sheet, are laid under regulation 7(1)(c).

Subregulation 4

Subject to the modification in paragraph (5), section 201AA(1)(b) of the Act applies in respect of the revised financial statements, or revised consolidated financial statements or balance‑sheet, of a private company that had dispensed with the holding of an annual general meeting as it applies to the documents referred to in that provision.

Subregulation 5

For the purposes of paragraph (4), the reference in section 201AA(1)(b) of the Act to the documents that were sent in accordance with section 203(1) of the Act is a reference to the documents mentioned in paragraph (4) that were sent in accordance with regulation 7(1)(a).

Subregulation 6

The reference to “subsection (1)” in section 201AA(2) of the Act is a reference to subsection (1) of section 201AA of the Act, as applied by this regulation.

Subregulation 7

The reference to “subsection (3)” in section 201AA(4)(a) of the Act is a reference to subsection (3) of section 201AA of the Act, as applied by this regulation.

Subregulation 8

In this regulation, a reference to the revised financial statements, or revised consolidated financial statements or balance‑sheet, includes a reference to —

(a)

the new directors’ statement on the revised financial statements, or revised consolidated financial statements or balance‑sheet; and

(b)

the auditor’s report on the revised financial statements, or revised consolidated financial statements or balance‑sheet.