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Singapore legislation

Regulation 6

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

Regulation 6

Additional statements to be added to revised financial statements, etc.

Subregulation 1

Where a company’s financial statements, or consolidated financial statements or balance‑sheet, are revised under section 202A or 202B(4) of the Act, the directors of the company must, apart from complying with the requirements of section 201 of the Act as modified by these Regulations and unless the Registrar otherwise allows, set out in a prominent position in the revised financial statements, or revised consolidated financial statements or balance‑sheet —

(a)

a statement that the revised financial statements, or revised consolidated financial statements or balance‑sheet, for a financial year, replace the original financial statements, or original consolidated financial statements or balance‑sheet, for the same financial year specified in the original financial statements, or original consolidated financial statements or balance‑sheet;

(b)

a statement that the revised financial statements, or revised consolidated financial statements or balance‑sheet —

(i)

are taken as having been prepared on the date of the original financial statements, or original consolidated financial statements or balance‑sheet, instead of on the date of revision; and

(ii)

accordingly do not deal with events after the date of the original financial statements, or original consolidated financial statements or balance‑sheet;

(c)

a statement as to —

(i)

the aspects in which the original financial statements, or original consolidated financial statements or balance‑sheet, did not, as appear to the directors, comply with the Act; and

(ii)

the material revisions to the original financial statements, or original consolidated financial statements or balance‑sheet; and

(d)

a statement that the directors have approved the revised financial statements, or revised consolidated financial statements or balance‑sheet, and the date on which the revised financial statements, or revised consolidated financial statements or balance‑sheet were approved.

Subregulation 2

Where a company’s financial statements, or consolidated financial statements or balance‑sheet, are revised under section 202A or 202B(4) of the Act, the directors of the company must, apart from complying with the requirements of section 201 of the Act as modified by these Regulations and unless the Registrar otherwise allows, set out in a prominent position in the new directors’ statement —

(a)

the date on which the revised financial statements, or revised consolidated financial statements or balance‑sheet, were approved; (b)a statement that the new directors’ statement replaces the original directors’ statement;

(c)

a statement that the new directors’ statement, together with the revised financial statements, or consolidated financial statements or balance‑sheet, have been prepared in accordance with these Regulations; and

(d)

a statement that the new directors’ statement, other than the matters required to be stated under regulation 4(2)(c)(iii) and (iv) —

(i)

is taken as having been prepared on the date of the original directors’ statement; and

(ii)

accordingly does not deal with events after the date of the original directors’ statement.

Subregulation 3

If paragraph (1) or (2) is not complied with, the company and every director of the company who is in default shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $2,000.