Singapore legislation
Regulation 14
of Presidential Elections (Certificate of Eligibility) Regulations 2017
Regulation 14
Financial statements for companies incorporated under Companies Act 1967
Subregulation 1
An applicant who seeks to satisfy Article 19(4)(a), (b) or (c) on the basis of his or her service in a company limited by shares and incorporated under the Companies Act 1967 must submit the financial statements required by this regulation together with his or her application.
Subregulation 2
Subject to paragraph (3), for each relevant financial year of the company, the applicant must submit the financial statements (including the audit report and the directors’ statement in relation to those financial statements) that are required by the Companies Act 1967 to be laid before the company at its annual general meeting.
Subregulation 3
Paragraph (2) does not apply to the financial statements for a relevant financial year if, at the date of the application —
the financial statements are not available; and
the period within which the financial statements must be laid before the company at its annual general meeting has not expired.
Subregulation 4
If —
the company is the parent of a group; and
paragraph (2) only requires the applicant to submit the financial statements of the company (and not the consolidated financial statements of the group) for a relevant financial year,the applicant must nevertheless submit the consolidated financial statements for the group for the relevant financial year, in addition to what is required under paragraph (2).
Subregulation 5
For every relevant financial year of the company for which the applicant does not submit the financial statements required under paragraph (2), the applicant must submit —
if the company is listed, whether on a securities exchange in Singapore or elsewhere — all the financial statements relating to that financial year or any period in that financial year that the company is required, under the listing rules of the securities exchange, to announce or otherwise publish on or before the date of the application;
if the company is not the parent of a group and not listed —
if the financial year ended 2 or more months before the date of the application — the unaudited annual financial statements of the company for that financial year; and
if the first 6 months of the financial year ended 2 or more months before the date of the application, and sub‑paragraph (i) does not apply — the interim unaudited financial statements of the company for those 6 months; and
if the company is the parent of a group and not listed —
if the financial year ended 2 or more months before the date of the application — the unaudited annual consolidated financial statements of the group for that financial year; and
if the first 6 months of the financial year ended 2 or more months before the date of the application, and sub‑paragraph (i) does not apply — the interim unaudited consolidated financial statements of the group for those 6 months.
Subregulation 6
Each set of financial statements required under paragraph (4) or (5)(b) or (c) must be accompanied by —
a declaration —
signed by 2 directors of the company on behalf of all the directors of the company; and
stating that, to the best of their knowledge and belief, nothing has come to the attention of any director of the company which may cause the financial statements to be false or misleading in any material aspect; and
any available assurance of the reliability of the financial statements, whether in the form of an audit report or otherwise.