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Singapore legislation

Regulation 7

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

Regulation 7

Sending and laying of 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 —

(a)

take reasonable steps to ensure that, within 30 days after the date of revision, or such longer period as the Registrar may allow, the revised financial statements, or the revised consolidated financial statements or balance‑sheet, are sent —

(i)

to all persons to whom a copy of the original financial statements, or original consolidated financial statements or balance‑sheet, had been sent;

(ii)

to all persons to whom a copy of a summary financial statement, instead of a copy of the original financial statements, or original consolidated financial statements or balance‑sheet, had been sent under section 203A of the Act; and

(iii)

to all persons entitled, as at the date of revision, to receive notice of general meetings of the company;

(b)

within 30 days after the date of a request from a person mentioned in sub‑paragraph (i) or (ii), send without charge the revised financial statements, or the revised consolidated financial statements or balance‑sheet, to —

(i)

any member of the company (whether the member is or is not entitled to have sent to him or her copies of the revised financial statements, or revised consolidated financial statements or balance‑sheet) to whom copies have not been sent; and

(ii)

any holder of a debenture; and

(c)

unless the Registrar otherwise allows, lay the revised financial statements, or revised consolidated financial statements or balance‑sheet, before the company at the next general meeting of the company held after the date of revision.

Subregulation 2

Paragraph (1)(c) does not apply in respect of a private company that has dispensed with the holding of an annual general meeting.

Subregulation 3

If paragraph (1)(c) is not complied with, every director 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.

Subregulation 4

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)

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