In force2020 Revised Edition

Contents

Variable Capital Companies Act 2018 · 2020 Revised Edition · Part 6 · Management and Administration

75. Provision of residential address to Registrar

(1)

Subject to this section, every director and secretary of a VCC must —

(a)

at incorporation or within 14 days after the date of his or her appointment (as the case may be), give notice to the Registrar of his or her residential address, unless his or her residential address has already been entered in the register of directors or register of secretaries; and

(b)

if there is any change to his or her residential address, give notice to the Registrar of the particulars of the change within 14 days after the change, unless such change has already been entered in the register of directors or register of secretaries.

(2)

Where a director or secretary of a VCC has made a report of a change of his or her residential address under section 10 of the National Registration Act 1965, he or she is taken to have notified the Registrar of the change in compliance with subsection (1)(b).

(3)

Subject to subsection (4), a person who fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000, and also to a default penalty.

(4)

A director or secretary who has opted to provide the VCC with an alternate address instead of his or her residential address for the purpose of section 173(3)(b) or (6)(b) of the Companies Act 1967 as applied by section 71, must ensure that the alternate address that he or she has provided is and continues to be an address at which he or she may be located.

(5)

A person who contravenes subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.

(6)

For the purposes of subsection (4), a director or secretary is located at an address if he or she may be physically found at the address after reasonable attempts have been made to contact him or her at the address.

(7)

Despite sections 9 and 10, where the residential address of a person is notified to the Registrar under subsection (1), or is transmitted to the Registrar by the Commissioner of National Registration under section 11 of the National Registration Act 1965, that residential address is protected from disclosure, and is not available for public inspection or access, except —

(a)

as provided for under this section or section 76; or

(b)

where the residential address is entered in the register of directors or register of secretaries.

(8)

This section and section 76 do not prevent the residential address of an individual that is notified to the Registrar under subsection (1), or transmitted to the Registrar by the Commissioner of National Registration under section 11 of the National Registration Act 1965, from —

(a)

being used by the Registrar for the purposes of any communication with the individual;

(b)

being disclosed for the purposes of issuing any summons or other legal process against the individual for the purposes of this Act or any other written law;

(c)

being disclosed in compliance with the requirement of any court or the provisions of any written law;

(d)

being disclosed for the purpose of assisting any public officer or officer of any other statutory body in the investigation or prosecution of any offence under any written law; or

(e)

being disclosed in such other circumstances as may be prescribed.

Terms defined in this Act

Court
Defined · s 2
“Court” means the General Division of the High Court;
Open s 2
default penalty
Defined · s 2
“default penalty” means a default penalty within the meaning of section 147;
Open s 2
director
Defined · s 2
“director” has the meaning given by section 4(1) of the Companies Act 1967;
Open s 2
officer
Defined · s 2
“officer”, in relation to a VCC or other corporation, includes —(a)any director or secretary of the corporation or a person employed in an executive capacity by the corporation;(b)a receiver and manager of any part of the undertaking of the corporation appointed under a power contained in any instrument; and(c)any liquidator of the corporation (being a VCC or company) appointed in a voluntary winding up,but does not include —(d)any receiver who is not also a manager;(e)any receiver and manager appointed by the Court;(f)any liquidator appointed by the Court or by the creditors; or(g)a judicial manager appointed by the Court under Part 8A of the Companies Act 1967 (if applicable);
Open s 2
register of directors
Defined · s 2
“register of directors” means a register of directors kept by the Registrar under section 173 of the Companies Act 1967 as applied by section 71(1);
Open s 2
register of secretaries
Defined · s 2
“register of secretaries” means a register of secretaries kept by the Registrar under section 173 of the Companies Act 1967 as applied by section 71(1);
Open s 2
Registrar
Defined · s 2
“Registrar” means the Registrar of VCCs appointed under this Act, and includes any Deputy or Assistant Registrar of VCCs;
Open s 2
registration
Defined · s 132
“registration”, in relation to a foreign corporate entity that has applied to be registered as a VCC under this Part, means registration by the Registrar under section 135(1), and “register” and “registered” are to be construed accordingly.
Open s 132
residential address
Defined · s 44
“residential address” means —(a)in the case of a person registered under the National Registration Act 1965 — the place of residence of that person as registered under that Act; or(b)in the case of a person not registered under the National Registration Act 1965 — the usual residential address of that person.
Open s 44
VCC
Defined · s 2
“VCC” or “variable capital company” means a body corporate incorporated as such under this Act;
Open s 2