§ 173 — Registers of directors, chief executive officers, secretaries and auditors

173.—(1) The Registrar must, in respect of each company, keep a register of the company’s —(a)

directors;

(b)

chief executive officers;

(c)

secretaries; and

(d)

auditors (if any).[36/2014]

(2) The register under subsection (1) is to be kept in such form as the Registrar may determine.[36/2014]

(3) Subject to subsection (4), the register of a company’s directors must contain the following information in respect of each director of the company:(a)

full name and any former name;

(b)

residential address;[Act 21 of 2024 wef 09/12/2024]

(ba)

contact address;[Act 21 of 2024 wef 09/12/2024]

(c)

nationality;

(d)

identification;

(e)

date of appointment;

(f)

date of cessation of appointment.[36/2014]

(4) The Registrar need only keep any former name of a director in the register of the company for a period of 5 years from the date on which the name was furnished to the Registrar.[36/2014]

(5) The register of a company’s chief executive officers must contain the following information in respect of each chief executive officer of the company:(a)

full name;

(b)

residential address;[Act 21 of 2024 wef 09/12/2024]

(ba)

contact address;[Act 21 of 2024 wef 09/12/2024]

(c)

nationality;

(d)

identification;

(e)

date of appointment;

(f)

date of cessation of appointment.[36/2014]

(6) The register of a company’s secretaries must contain the following information in respect of each secretary of the company:(a)

full name;

(b)

residential address;[Act 21 of 2024 wef 09/12/2024]

(ba)

contact address;[Act 21 of 2024 wef 09/12/2024]

(c)

identification;

(d)

date of appointment;

(e)

date of cessation of appointment.[36/2014]

(7) The register of a company’s auditors must contain the following information in respect of each auditor of the company:(a)

full name;

(b)

an address at which the auditors may be contacted;

(c)

identification, if any;

(d)

date of appointment;

(e)

date of cessation of appointment.[36/2014]

(8) An entry in the register of directors, register of chief executive officers, register of secretaries and register of auditors required to be kept by the Registrar under this section, is prima facie evidence of the truth of any matters which are by this Act directed or authorised to be entered or inserted in the respective register.[36/2014]

(9) A certificate of the Registrar setting out any of the particulars required to be entered or inserted in the register of directors, register of chief executive officers, register of secretaries or register of auditors required to be kept by the Registrar under this section shall in all courts and before all persons and bodies authorised by law to receive evidence be received as prima facie evidence of the entry of such particulars in the respective register.[36/2014]

(10) A certificate of the Registrar stating that, at the time specified in the certificate, a person was named as director, chief executive officer, secretary or auditor of the company in the register of directors, register of chief executive officers, register of secretaries or register of auditors (as the case may be) shall in all courts and before all persons and bodies authorised by law be received as prima facie evidence of the fact, until by a notification of change given to the Registrar it appears that the person has ceased to be or becomes disqualified to act as such a director, chief executive officer, secretary or auditor, as the case may be.[36/2014]

(11) For the purposes of this section, a director includes an alternate, a substitute or a local director.[Act 21 of 2024 wef 09/12/2024]

(12) [Deleted by Act 21 of 2024 wef 09/12/2024]

(13) [Deleted by Act 21 of 2024 wef 09/12/2024]

(14) Any document required to be served under this Act on any person who is a director, chief executive officer or secretary is sufficiently served if addressed to the person and left at or sent by post to his or her residential address or contact address (as the case may be) which is entered in the register of directors, register of chief executive officers or register of secretaries kept by the Registrar under this section.[36/2014]

[Act 21 of 2024 wef 09/12/2024]

(15) Any document required to be served under this Act on a person who is for the time being an auditor of a company is sufficiently served if addressed to the person and left at or sent by post to the address which is entered in the register of auditors kept by the Registrar under this section.[36/2014]

—(1) The Registrar must, in respect of each company, keep a register of the company’s —(a)

directors;

(b)

chief executive officers;

(c)

secretaries; and

(d)

auditors (if any).[36/2014]

(2) The register under subsection (1) is to be kept in such form as the Registrar may determine.[36/2014]

(3) Subject to subsection (4), the register of a company’s directors must contain the following information in respect of each director of the company:(a)

full name and any former name;

(b)

residential address;[Act 21 of 2024 wef 09/12/2024]

(ba)

contact address;[Act 21 of 2024 wef 09/12/2024]

(c)

nationality;

(d)

identification;

(e)

date of appointment;

(f)

date of cessation of appointment.[36/2014]

(4) The Registrar need only keep any former name of a director in the register of the company for a period of 5 years from the date on which the name was furnished to the Registrar.[36/2014]

(5) The register of a company’s chief executive officers must contain the following information in respect of each chief executive officer of the company:(a)

full name;

(b)

residential address;[Act 21 of 2024 wef 09/12/2024]

(ba)

contact address;[Act 21 of 2024 wef 09/12/2024]

(c)

nationality;

(d)

identification;

(e)

date of appointment;

(f)

date of cessation of appointment.[36/2014]

(6) The register of a company’s secretaries must contain the following information in respect of each secretary of the company:(a)

full name;

(b)

residential address;[Act 21 of 2024 wef 09/12/2024]

(ba)

contact address;[Act 21 of 2024 wef 09/12/2024]

(c)

identification;

(d)

date of appointment;

(e)

date of cessation of appointment.[36/2014]

(7) The register of a company’s auditors must contain the following information in respect of each auditor of the company:(a)

full name;

(b)

an address at which the auditors may be contacted;

(c)

identification, if any;

(d)

date of appointment;

(e)

date of cessation of appointment.[36/2014]

(8) An entry in the register of directors, register of chief executive officers, register of secretaries and register of auditors required to be kept by the Registrar under this section, is prima facie evidence of the truth of any matters which are by this Act directed or authorised to be entered or inserted in the respective register.[36/2014]

(9) A certificate of the Registrar setting out any of the particulars required to be entered or inserted in the register of directors, register of chief executive officers, register of secretaries or register of auditors required to be kept by the Registrar under this section shall in all courts and before all persons and bodies authorised by law to receive evidence be received as prima facie evidence of the entry of such particulars in the respective register.[36/2014]

(10) A certificate of the Registrar stating that, at the time specified in the certificate, a person was named as director, chief executive officer, secretary or auditor of the company in the register of directors, register of chief executive officers, register of secretaries or register of auditors (as the case may be) shall in all courts and before all persons and bodies authorised by law be received as prima facie evidence of the fact, until by a notification of change given to the Registrar it appears that the person has ceased to be or becomes disqualified to act as such a director, chief executive officer, secretary or auditor, as the case may be.[36/2014]

(11) For the purposes of this section, a director includes an alternate, a substitute or a local director.[Act 21 of 2024 wef 09/12/2024]

(12) [Deleted by Act 21 of 2024 wef 09/12/2024]

(13) [Deleted by Act 21 of 2024 wef 09/12/2024]

(14) Any document required to be served under this Act on any person who is a director, chief executive officer or secretary is sufficiently served if addressed to the person and left at or sent by post to his or her residential address or contact address (as the case may be) which is entered in the register of directors, register of chief executive officers or register of secretaries kept by the Registrar under this section.[36/2014]

[Act 21 of 2024 wef 09/12/2024]

(15) Any document required to be served under this Act on a person who is for the time being an auditor of a company is sufficiently served if addressed to the person and left at or sent by post to the address which is entered in the register of auditors kept by the Registrar under this section.[36/2014]