§ 386AL — Nominee directors

386AL.—(1) A director of a company incorporated on or after 31 March 2017 but before the appointed day —(a)

who is a nominee on the date of incorporation must inform the company of that fact and provide such prescribed particulars of the person for whom the director is a nominee within 30 days after the date of incorporation; or[Act 23 of 2024 wef 16/06/2025]

(b)

who becomes a nominee after the date of incorporation must inform the company of that fact and provide such prescribed particulars of the person for whom the director is a nominee within 30 days after the director becomes a nominee.[15/2017]

[Act 23 of 2024 wef 16/06/2025]

(1A) A director of a company incorporated on or after the appointed day —(a)

who is a nominee on the date of incorporation must inform the company of that fact and provide prescribed particulars of the person for whom the director is a nominee on that date; or

(b)

who becomes a nominee after the date of incorporation must inform the company of that fact and provide prescribed particulars of the person for whom the director is a nominee within 30 days after the director becomes a nominee.[Act 23 of 2024 wef 16/06/2025]

(2) A director of a company incorporated before 31 March 2017 —(a)

[Deleted by Act 23 of 2024 wef 16/06/2025]

(b)

who becomes a nominee after 31 March 2017 must inform the company of that fact and provide such prescribed particulars of the person for whom the director is a nominee within 30 days after the director becomes a nominee.[15/2017]

[Act 23 of 2024 wef 16/06/2025]

(3) A director of a company (whether incorporated before, on or after the appointed day) must inform the company —(a)

that he or she ceases to be a nominee within 30 days after the cessation; and

(b)

of any change to the particulars provided to the company under this section (whether as in force on or before the appointed day) within 30 days after the change.[Act 23 of 2024 wef 16/06/2025]

(4) A director of a foreign company registered under Division 2 of Part 11 on or after the appointed day —(a)

who is a nominee on the date of registration must inform the foreign company of that fact and provide prescribed particulars of the person for whom the director is a nominee on that date; or

(b)

who becomes a nominee after the date of registration must inform the foreign company of that fact and provide prescribed particulars of the person for whom the director is a nominee within 30 days after the director becomes a nominee.[Act 23 of 2024 wef 16/06/2025]

(5) A director of a foreign company registered under Division 2 of Part 11 before the appointed day —(a)

who is a nominee on the appointed day must inform the foreign company of that fact and provide prescribed particulars of the person for whom the director is a nominee within 60 days after that day; or

(b)

who becomes a nominee after the appointed day must inform the foreign company of that fact and provide prescribed particulars of the person for whom the director is a nominee within 30 days after the director becomes a nominee.[Act 23 of 2024 wef 16/06/2025]

(5A) A director of a foreign company mentioned in subsection (4) or (5) must inform the foreign company —(a)

that he or she ceases to be a nominee within 30 days after the cessation; and

(b)

of any change to the particulars provided to the foreign company under that subsection within 30 days after the change.[Act 23 of 2024 wef 16/06/2025]

(6) If a director fails to comply with subsection (1), (1A), (2), (3), (4), (5) or (5A), the director shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000.[Act 23 of 2024 wef 16/06/2025]

(7) [Deleted by Act 2 of 2022 wef 30/05/2022]

(8) In this section and section 386AKA, a director is a nominee if the director is accustomed or under an obligation whether formal or informal to act in accordance with the directions, instructions or wishes of any other person.[15/2017]

[Act 2 of 2022 wef 30/05/2022]

(9) In this section, “appointed day” means the date of commencement of section 8 of the Companies and Limited Liability Partnerships (Miscellaneous Amendments) Act 2024.[Act 23 of 2024 wef 16/06/2025]

—(1) A director of a company incorporated on or after 31 March 2017 but before the appointed day —(a)

who is a nominee on the date of incorporation must inform the company of that fact and provide such prescribed particulars of the person for whom the director is a nominee within 30 days after the date of incorporation; or[Act 23 of 2024 wef 16/06/2025]

(b)

who becomes a nominee after the date of incorporation must inform the company of that fact and provide such prescribed particulars of the person for whom the director is a nominee within 30 days after the director becomes a nominee.[15/2017]

[Act 23 of 2024 wef 16/06/2025]

(1A) A director of a company incorporated on or after the appointed day —(a)

who is a nominee on the date of incorporation must inform the company of that fact and provide prescribed particulars of the person for whom the director is a nominee on that date; or

(b)

who becomes a nominee after the date of incorporation must inform the company of that fact and provide prescribed particulars of the person for whom the director is a nominee within 30 days after the director becomes a nominee.[Act 23 of 2024 wef 16/06/2025]

(2) A director of a company incorporated before 31 March 2017 —(a)

[Deleted by Act 23 of 2024 wef 16/06/2025]

(b)

who becomes a nominee after 31 March 2017 must inform the company of that fact and provide such prescribed particulars of the person for whom the director is a nominee within 30 days after the director becomes a nominee.[15/2017]

[Act 23 of 2024 wef 16/06/2025]

(3) A director of a company (whether incorporated before, on or after the appointed day) must inform the company —(a)

that he or she ceases to be a nominee within 30 days after the cessation; and

(b)

of any change to the particulars provided to the company under this section (whether as in force on or before the appointed day) within 30 days after the change.[Act 23 of 2024 wef 16/06/2025]

(4) A director of a foreign company registered under Division 2 of Part 11 on or after the appointed day —(a)

who is a nominee on the date of registration must inform the foreign company of that fact and provide prescribed particulars of the person for whom the director is a nominee on that date; or

(b)

who becomes a nominee after the date of registration must inform the foreign company of that fact and provide prescribed particulars of the person for whom the director is a nominee within 30 days after the director becomes a nominee.[Act 23 of 2024 wef 16/06/2025]

(5) A director of a foreign company registered under Division 2 of Part 11 before the appointed day —(a)

who is a nominee on the appointed day must inform the foreign company of that fact and provide prescribed particulars of the person for whom the director is a nominee within 60 days after that day; or

(b)

who becomes a nominee after the appointed day must inform the foreign company of that fact and provide prescribed particulars of the person for whom the director is a nominee within 30 days after the director becomes a nominee.[Act 23 of 2024 wef 16/06/2025]

(5A) A director of a foreign company mentioned in subsection (4) or (5) must inform the foreign company —(a)

that he or she ceases to be a nominee within 30 days after the cessation; and

(b)

of any change to the particulars provided to the foreign company under that subsection within 30 days after the change.[Act 23 of 2024 wef 16/06/2025]

(6) If a director fails to comply with subsection (1), (1A), (2), (3), (4), (5) or (5A), the director shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000.[Act 23 of 2024 wef 16/06/2025]

(7) [Deleted by Act 2 of 2022 wef 30/05/2022]

(8) In this section and section 386AKA, a director is a nominee if the director is accustomed or under an obligation whether formal or informal to act in accordance with the directions, instructions or wishes of any other person.[15/2017]

[Act 2 of 2022 wef 30/05/2022]

(9) In this section, “appointed day” means the date of commencement of section 8 of the Companies and Limited Liability Partnerships (Miscellaneous Amendments) Act 2024.[Act 23 of 2024 wef 16/06/2025]