Registers, etc.
Open ↗254.—(1) The Registrar of Companies must, subject to Parts 4 to 11, keep such registers as the Registrar of Companies considers necessary in such form as the Registrar of Companies thinks fit.
(2) [Deleted by Act 24 of 2025 wef 06/05/2026]
(2A) Any person may, on payment of the prescribed fee, require a copy of or an extract from any document kept by the Registrar of Companies to be given or certified by the Registrar of Companies.[Act 21 of 2024 wef 9/12/2024]
(3) A copy of or an extract from any document (including a copy produced by way of microfilm) filed or lodged with the Registrar of Companies using a non‑electronic medium that is certified to be a true copy or extract by the Registrar of Companies is in any proceedings admissible in evidence as of equal validity with the original document.
(3A) Subsection (2A) does not apply to any document prescribed as an excluded document for the purposes of this subsection.[Act 21 of 2024 wef 9/12/2024]
[Act 24 of 2025 wef 06/05/2026]
(3B) Where a document is submitted on or after the date of commencement of section 51 of the ACRA (Registry and Regulatory Enhancements) Act 2024 using a form on the electronic transaction system established under Part 6A of the Accounting and Corporate Regulatory Authority Act 2004, the references to the document in subsection (2A) exclude the following entries in the form:(a)
a means of notification provided by a person for the purposes of section 28A(1)(b) of the Accounting and Corporate Regulatory Authority Act 2004;
(b)
an individual’s date of birth obtained under this Act or section 28(1A) of the Accounting and Corporate Regulatory Authority Act 2004;
(c)
any other prescribed information.[Act 21 of 2024 wef 9/12/2024]
[Act 24 of 2025 wef 06/05/2026]
(4) In any legal proceedings, a certificate issued by the Registrar of Companies that a requirement of Parts 4 to 11 specified in the certificate —(a)
had or had not been complied with at a date or within a period specified in the certificate; or
(b)
had been complied with upon a date specified in the certificate but not before that date,
is prima facie evidence of the matters specified in the certificate.
(5) If the Registrar of Companies is of the opinion that any document submitted to the Registrar of Companies —(a)
contains any matter contrary to law;
(b)
by reason of any omission or misdescription has not been duly completed;
(c)
does not comply with the requirements of Parts 4 to 11; or
(d)
contains any error, alteration or erasure,
the Registrar of Companies may refuse to register or receive the document and request that the document be appropriately amended or completed and resubmitted or that a fresh document be submitted in its place.
(6) If the Registrar of Companies is of the opinion that it is no longer necessary or desirable to retain any document lodged, filed or registered with the Registrar of Companies and which has been microfilmed or converted to electronic form, the Registrar of Companies may —(a)
destroy the document with the authorisation of the National Library Board under section 17 of the National Library Board Act 1995; or
(b)
transfer the document to the National Archives of Singapore under section 16 of that Act.
(7) In subsection (3), “non-electronic medium” means a medium other than the electronic transaction system established under Part 6A of the Accounting and Corporate Regulatory Authority Act 2004.
Electronic transaction system
Open ↗255.—(1) The Registrar of Companies may —(a)
require or permit any person to carry out any transaction with the Registrar of Companies under Parts 4 to 11; and
(b)
issue any approval, certificate, notice, determination or other document pursuant or connected to a transaction mentioned in paragraph (a),
using the electronic transaction system established under Part 6A of the Accounting and Corporate Regulatory Authority Act 2004.
(2) If the Registrar of Companies is satisfied that a transaction should be treated as having been carried out at some earlier date and time, than the date and time which is reflected in the electronic transaction system, the Registrar of Companies may cause the electronic transaction system and the registers kept by the Registrar of Companies to reflect such earlier date and time.
(3) The Registrar of Companies must keep a record whenever the electronic transaction system or the registers are altered under subsection (2).
(4) In this section —“document” includes any application, form, report, certification, notice, confirmation, declaration, return or other document (whether in electronic form or otherwise) filed or lodged with, or submitted to the Registrar of Companies;
“transaction”, in relation to the Registrar of Companies, means —(a)
the filing or lodging of any document with the Registrar of Companies, or the submission, production, delivery, furnishing or sending of any document to the Registrar of Companies;
(b)
any making of any application, submission or request to the Registrar of Companies;
(c)
any provision of any undertaking or declaration to the Registrar of Companies; and
(d)
any extraction, retrieval or accessing of any document, record or information maintained by the Registrar of Companies.
Rectification by Court
Open ↗256.—(1) Where it appears to the Court, as a result of evidence adduced before it by an applicant company, that any particular recorded in a register is erroneous or defective, the Court may, by order, direct the Registrar of Companies to rectify the register on such terms and conditions as seem to the Court just and expedient, as are specified in the order and the Registrar of Companies must, upon receipt of the order, rectify the register accordingly.[40/2019]
(2) An order of the Court made under subsection (1) may require that a fresh document, showing the rectification, must be filed by the applicant company with the Registrar of Companies together with a copy of the Court order, and a copy of the Court application.
Rectification by Registrar of Companies on application
Open ↗257.—(1) Despite section 256, an officer of a company may notify the Registrar of Companies in the prescribed form of —(a)
any error contained in any document relating to the company filed or lodged with the Registrar of Companies; or
(b)
any error in the filing or lodgment of any document relating to the company with the Registrar of Companies.
(2) The Registrar of Companies may, upon receipt of any notification mentioned in subsection (1) and if satisfied that —(a)
the error mentioned in subsection (1)(a) is typographical or clerical in nature; or
(b)
the error mentioned in subsection (1)(b) is, in the opinion of the Registrar of Companies, unintended and does not prejudice any person,
rectify the register accordingly.
(3) In rectifying the register under subsection (2), the Registrar of Companies must not expunge any document from the register.
(4) The decision made by the Registrar of Companies on whether to rectify the register under subsection (2) is final.
Rectification or updating on initiative of Registrar of Companies
Open ↗258.—(1) The Registrar of Companies may rectify or update any particulars or document in a register kept by the Registrar of Companies, if the Registrar of Companies is satisfied that —(a)
there is a defect or error in the particulars or document arising from any grammatical, typographical or similar mistake; or
(b)
there is evidence of a conflict between the particulars of a company or person and —(i)
other information in the register relating to that company or person; or
(ii)
other information relating to that company or person obtained from such department or ministry of the Government, or statutory body or other body corporate as may be prescribed.
(2) Before the Registrar of Companies rectifies or updates the register under subsection (1), the Registrar of Companies must, except under prescribed circumstances, give written notice to the company or person whose documents or particulars are to be rectified or updated of the Registrar of Companies’ intention to do so, and state in the notice —(a)
the reasons for and details of the proposed rectification or updating to be made to the register; and
(b)
the date by which any written objection to the proposed rectification or updating must be delivered to the Registrar of Companies, being a date at least 30 days after the date of the notice.
(3) The company or person notified under subsection (2) may deliver to the Registrar of Companies, not later than the date specified under subsection (2)(b), a written objection to the proposed rectification or updating of the register.
(4) The Registrar of Companies must not rectify or update the register if the Registrar of Companies receives a written objection under subsection (3) to the proposed rectification or updating by the date specified under subsection (2)(b), unless the Registrar of Companies is satisfied that the objection is frivolous or vexatious or has been withdrawn.
(5) The Registrar of Companies may rectify or update the register if the Registrar of Companies does not receive a written objection under subsection (3) by the date specified under subsection (2)(b).
(6) The Registrar of Companies may include such notation as the Registrar of Companies thinks fit on the register for the purposes of providing information relating to any error or defect in any particulars or document in the register, and may remove such notation if the Registrar of Companies is satisfied that it no longer serves any useful purpose.
(7) Despite anything in this section, the Registrar of Companies may, if the Registrar of Companies is satisfied that there is any error or defect in any particulars or document in a register, by notice in writing, request that the company to which the particulars or document relate, or its officers take such steps within such time as the Registrar of Companies may specify to ensure that the error or defect is rectified.
Enforcement of duty to make returns
Open ↗259.—(1) If a corporation or person, having defaulted in complying with —(a)
any provision of Parts 4 to 11 or of any other law that requires the filing or lodgment in any manner with the Official Receiver of any return, account or other document or the giving of notice to the Official Receiver of any matter;
(b)
any provision of Parts 4 to 11 that requires the filing or lodgment in any manner with the Registrar of Companies of any return, account or other document or the giving of notice to the Registrar of Companies of any matter;
(c)
any request of the Registrar of Companies or the Official Receiver to amend or complete and resubmit any document or to submit a fresh document; or
(d)
any request of the Registrar of Companies under section 258(7) to rectify any error or defect in any particulars or document in the register,
fails to make good the default within 14 days after the service on the corporation or person of a notice requiring it to be done, the Court may, on an application by any member or creditor of the corporation or by the Registrar of Companies or the Official Receiver, make an order directing the corporation and any officer of the corporation or such person to make good the default within such time as is specified in the order.
(2) Any order made under subsection (1) may provide that all costs of and incidental to the application must be borne by the corporation or by any officer of the corporation responsible for the default or by the person in default.
(3) Nothing in this section limits the operation of any written law imposing penalties on a corporation or its officers or such person in respect of any such default.
Relodging of lost registered documents
Open ↗260.—(1) If any document filed or lodged with the Registrar of Companies under Parts 4 to 11 has been lost or destroyed, the corporation may apply to the Registrar of Companies for permission to lodge a copy of the document as originally filed or lodged.[Act 25 of 2021 wef 01/04/2022]
(2) On an application under subsection (1) being made, the Registrar of Companies may direct notice of the application to be given to such persons and in such manner as the Registrar of Companies thinks fit.
(3) The Registrar of Companies upon being satisfied —(a)
that the original document has been lost or destroyed;
(b)
of the date of the filing or lodging of the original document with the Registrar of Companies; and
(c)
that a copy of such document produced to the Registrar of Companies is a correct copy,
may certify upon that copy that the Registrar of Companies is so satisfied and direct that that copy be lodged in the manner required by law in respect of the original.
(4) Upon the lodgment, that copy for all purposes has, from such date as is mentioned in the certificate as the date of the filing or lodging of the original with the Registrar of Companies, the same force and effect as the original.
(5) The Court may, by order upon application by any person aggrieved and after notice to any other person whom the Court directs, confirm, vary or rescind the certificate.
(6) An order under subsection (5) may be lodged with the Registrar of Companies and if lodged, must be registered by the Registrar of Companies.
(7) No payment, contract, dealing, act or thing made, had or done in good faith before the registration of an order under subsection (5) and upon the faith of and in reliance upon the certificate is to be invalidated or affected by such variation or rescission.
(8) No fee is payable upon the lodging of a document under this section.
Size, durability and legibility of documents delivered to Registrar of Companies
Open ↗261.—(1) For the purposes of securing that the documents delivered to the Registrar of Companies under the provisions of Parts 4 to 11 are of a standard size, durable and easily legible, the Minister may by regulations prescribe such requirements (whether as to size, weight, quality or colour of paper, size, type or colour of lettering, or otherwise) as the Minister may consider appropriate and different requirements may be prescribed for different documents or classes of documents.
(2) If under any provision of Parts 4 to 11, there is delivered to the Registrar of Companies a document (whether an original document or a copy) which in the opinion of the Registrar of Companies does not comply with the requirements prescribed under this section that are applicable to it, the Registrar of Companies may serve on any person by whom under that provision the document was required to be delivered (or, if there are 2 or more such persons, may serve on any of them) a notice stating the Registrar of Companies’ opinion to that effect and indicating the prescribed requirements with which in the Registrar of Companies’ opinion the document does not comply.
(3) Where the Registrar of Companies serves a notice under subsection (2) with respect to a document delivered under any such provision, then, for the purposes of any written law which enables a penalty to be imposed in respect of any omission to deliver to the Registrar of Companies a document required to be delivered under that provision (and, in particular, for the purposes of any such law under which such a penalty may be imposed by reference to each day during which the omission continues) —(a)
any duty imposed by that provision to deliver such a document to the Registrar of Companies is to be treated as not having been discharged by the delivery of that document; but
(b)
no account is to be taken of any days falling within the period specified in subsection (4).
(4) The period mentioned in subsection (3)(b) is the period beginning on the day on which the document was delivered to the Registrar of Companies as mentioned in subsection (2) and ending on the fourteenth day after the date of service of the notice under subsection (2) by virtue of which subsection (3) applies.
(5) In this section, any reference to delivering a document is to be construed as including a reference to sending, forwarding, producing or (in the case of a notice) giving it.
False and misleading statement
Open ↗262. Any person who, for any purpose under Parts 4 to 11 —(a)
lodges or files with or submits to the Registrar of Companies any document; or
(b)
authorises another person to lodge or file with or submit to the Registrar of Companies any document,
knowing that document to be false or misleading in a material respect, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both.
Power to grant relief
Open ↗263.—(1) If, in any proceedings for negligence, default, breach of duty or breach of trust against a person to whom this section applies, it appears to the court before which the proceedings are taken that the person is or may be liable in respect of the negligence, default or breach, but that the person has acted honestly and reasonably and that, having regard to all the circumstances of the case including those connected with the person’s appointment, the person ought fairly to be excused for the negligence, default or breach, the court may relieve the person either wholly or partly from his or her liability on such terms as the court thinks fit.
(2) To avoid doubt and without limiting subsection (1), in subsection (1), “liability” includes the liability of a person to whom this section applies to account for profits made or received.
(3) Where any person to whom this section applies has reason to apprehend that any claim will or might be made against him or her in respect of any negligence, default, breach of duty or breach of trust, he or she may apply to the Court for relief, and the Court has the same power to relieve him or her as under this section it would have had if it had been a court before which proceedings against him or her for negligence, default, breach of duty or breach of trust had been brought.
(4) The persons to whom this section applies are —(a)
any officer of a corporation;
(b)
any person employed by a corporation as an auditor, whether the person is or is not an officer of the corporation; and
(c)
any person who is a receiver, receiver and manager, judicial manager or liquidator appointed or directed by the Court to carry out any duty under Parts 4 to 11 in relation to a corporation and every other person so appointed or so directed.
Irregularities
Open ↗264.—(1) In this section, unless the contrary intention appears, a reference to a procedural irregularity includes a reference to —(a)
the absence of a quorum at a meeting of a corporation, at a meeting of directors or creditors of a corporation or at a joint meeting of creditors and members of a corporation; and
(b)
a defect, irregularity or deficiency of notice or time.
(2) A proceeding under Parts 4 to 11 is not invalidated by reason of any procedural irregularity unless the Court is of the opinion that the irregularity has caused or may cause substantial injustice that cannot be remedied by any order of the Court and by order declares the proceeding to be invalid.
(3) A meeting held for the purposes of Parts 4 to 11, or a meeting notice of which is required to be given in accordance with the provisions of Parts 4 to 11, or any proceeding at such a meeting, is not invalidated by reason only of the accidental omission to give notice of the meeting or the non‑receipt by any person of notice of the meeting, unless the Court, on the application of the person concerned, a person entitled to attend the meeting, the Official Receiver or the Registrar of Companies, declares proceedings at the meeting to be void.
(4) Subject to subsections (5) and (6) and without limiting any other provision of Parts 4 to 11, the Court may, on application by any interested person, make all or any of the following orders, either unconditionally or subject to such conditions as the Court imposes:(a)
an order declaring that any act, matter or thing purporting to have been done, or any proceeding purporting to have been instituted or taken, under Parts 4 to 11 or in relation to a corporation is not invalid by reason of any contravention of, or failure to comply with, a provision of Parts 4 to 11 or a provision of any of the constituent documents of a corporation;
(b)
an order relieving a person in whole or in part from any civil liability in respect of a contravention or failure of a kind referred to in paragraph (a);
(c)
an order extending the period for doing any act, matter or thing or instituting or taking any proceeding under Parts 4 to 11 or in relation to a corporation (including an order extending a period where the period concerned expired before the application for the order was made) or abridging the period for doing such an act, matter or thing or instituting or taking such a proceeding,
and may make such consequential or ancillary orders as the Court thinks fit.
(5) An order may be made under subsection (4)(a) or (b) even though the contravention or failure mentioned in subsection (4)(a) resulted in the commission of an offence.
(6) The Court must not make an order under this section unless it is satisfied —(a)
in the case of an order mentioned in subsection (4)(a) —(i)
that the act, matter or thing, or the proceeding, mentioned in that paragraph is essentially of a procedural nature;
(ii)
that the person or persons concerned in or party to the contravention or failure acted honestly; or
(iii)
that it is in the public interest that the order be made;
(b)
in the case of an order mentioned in subsection (4)(b), that the person subject to the civil liability concerned acted honestly; and
(c)
in every case, that no substantial injustice has been or is likely to be caused to any person.
Translations of instruments, etc.
Open ↗265.—(1) Where under Parts 4 to 11 a corporation is required to lodge with the Registrar of Companies or the Official Receiver any instrument, certificate, contract or document or a certified copy of any instrument, certificate, contract or document and the instrument, certificate, contract or document is not written in the English language, the corporation must lodge at the same time with the Registrar of Companies or the Official Receiver (as the case may be) a certified translation of the instrument, certificate, contract or document in the English language.
(2) Where under Parts 4 to 11 a corporation is required to make available for public inspection any instrument, certificate, contract or document and the instrument, certificate, contract or document is not written in the English language, the corporation must keep at its registered office in Singapore a certified translation of the instrument, certificate, contract or document in the English language.
(3) Where any accounts, financial statements, minute books or other records of a corporation required by Parts 4 to 11 to be kept are not kept in the English language, the directors of the corporation must cause a true translation of such accounts, financial statements, minute books and other records to be made from time to time at intervals of not more than 7 days and must cause such translations to be kept with the original accounts, financial statements, minute books and other records for so long as the original accounts, financial statements, minute books and other records are required by Parts 4 to 11 to be kept.
General penalty provisions
Open ↗266.—(1) A person who —(a)
does that which under Parts 4 to 11 the person is forbidden to do;
(b)
does not do that which under Parts 4 to 11 the person is required or directed to do; or
(c)
otherwise contravenes or fails to comply with any provision of Parts 4 to 11,
shall be guilty of an offence.
(2) A person who is guilty of an offence under subsection (1) or Parts 4 to 11 shall be liable on conviction to a penalty or punishment not exceeding the penalty or punishment expressly mentioned as the penalty or punishment for the offence, or if a penalty or punishment is not so mentioned, to a fine not exceeding $1,000.
(3) Every summons issued for an offence committed by an officer of a company or other person under subsection (1) or Parts 4 to 11 or any regulations may, despite anything in this Act, be served —(a)
by delivering it to him or her;
(b)
by delivering it to any adult person residing at his or her last known place of residence or employed at his or her last known place of business; or
(c)
by forwarding it by registered post in a cover addressed to him or her at his or her last known place of residence or business or at any address furnished by him or her.
(4) In proving service by registered post, it is sufficient to prove that the registered cover containing the summons was duly addressed and posted.
Default penalties
Open ↗267.—(1) Where a default penalty is provided in any section of Parts 4 to 11, any person who is convicted of an offence under Parts 4 to 11 or who has been dealt with under section 271 for an offence under Parts 4 to 11 in relation to that section shall be guilty of a further offence under this Act if the offence continues after the person is so convicted or after the person has been so dealt with and liable to an additional penalty for each day during which the offence so continues of not more than the amount expressed in the section as the amount of the default penalty or, if an amount is not so expressed, of not more than $200.
(2) Where any offence is committed by a person by reason of the person’s failure to comply with any provision of Parts 4 to 11 under which the person is required or directed to do anything within a particular period, that offence, for the purposes of subsection (1), is deemed to continue so long as the thing so required or directed to be done by him or her remains undone, despite such period having elapsed.
(3) For the purposes of any provision of Parts 4 to 11 which provides that an officer of a company or corporation who is in default is guilty of an offence under Parts 4 to 11 or is liable to a penalty or punishment, the phrase “officer who defaults” or any like phrase means any officer of the company or corporation who knowingly and wilfully —(a)
is guilty of the offence; or
(b)
authorises or permits the commission of the offence.
Powers of enforcement
Open ↗268.—(1) For the purposes of investigating any offence under this Part or Parts 4 to 11, an enforcement officer may —(a)
require any person whom the enforcement officer reasonably believes to have committed that offence to furnish evidence of the person’s identity;
(b)
require any person to furnish any information or produce any book or document, or any copy of a book or document, in the possession of that person, and may, without fee or reward, inspect, make copies of or take extracts from such book or document;
(c)
require, by order in writing, the attendance before the enforcement officer of any person within the limits of Singapore who, from any information given or otherwise obtained by the enforcement officer, appears to be acquainted with the circumstances of the case;
(d)
examine orally any person reasonably believed to be acquainted with the facts or circumstances of the case or with such other matter as the enforcement officer may specify, and reduce into writing the answer given or statement made by that person;
(e)
take such photographs or video recordings, as the enforcement officer thinks necessary, of —(i)
the premises in which or in connection with which the enforcement officer reasonably believes an offence has been committed; and
(ii)
the persons reasonably believed to be acquainted with the facts or circumstances of the case or with such other matter as the enforcement officer may specify; and
(f)
require the owner or occupier of any premises in which or in connection with which the enforcement officer reasonably believes an offence has been committed, to give the enforcement officer access to such premises without charge for the purpose of investigating that offence.
(2) The person mentioned in subsection (1)(d) is bound to state truly what the person knows of the facts and circumstances with which the person is acquainted, except that the person need not say anything that might expose the person to a criminal charge, penalty or forfeiture.
(3) A statement made by the person mentioned in subsection (2) must —(a)
be reduced to writing;
(b)
be read over to that person;
(c)
if that person does not understand English, be interpreted in a language which that person understands; and
(d)
after correction, if necessary, be signed by that person.
(4) An enforcement officer when exercising any power under this section must —(a)
declare the office of the enforcement officer; and
(b)
produce to the person against whom the enforcement officer is acting, such identification card as the Minister may direct to be carried by an enforcement officer exercising powers under this section.
(5) Any person who, without reasonable excuse —(a)
refuses to give access to, or assaults, obstructs, hinders or delays, an enforcement officer in the discharge of the enforcement officer’s duties under this section;
(b)
wilfully misstates or without lawful excuse refuses to give any information or produce any book or document, or any copy of a book or document, required of that person by an enforcement officer under subsection (1); or
(c)
fails to comply with a lawful demand of an enforcement officer in the discharge by the enforcement officer of the enforcement officer’s duties under this section,
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) The Official Receiver may authorise either generally or specifically the Registrar of Companies, or one or more officers of the Registrar of Companies, to exercise all or any of the powers in subsection (1) for the purposes of investigating any offence under this Part or Parts 4 to 11, and for the purposes of such authorisation —(a)
any reference to an enforcement officer in subsections (1), (4) and (5) is to be read as a reference to the Registrar of Companies, or an officer of the Registrar of Companies, so authorised; and
(b)
the reference to the Minister in subsection (4)(b) is to be read as a reference to the Chief Executive of the Accounting and Corporate Regulatory Authority appointed under section 10 of the Accounting and Corporate Regulatory Authority of Singapore Act 2004.
(7) In this section, “enforcement officer” means the Official Receiver or any officer of the Official Receiver authorised by the Official Receiver.
Proceedings how and when taken
Open ↗269.—(1) Except where provision is otherwise made in this Act, proceedings for any offence under this Part or Parts 4 to 11 may, with the authorisation of the Public Prosecutor, be taken —(a)
by the Registrar of Companies or the Official Receiver; or
(b)
with the written consent of the Minister, by any person.
(2) Proceedings for any offence under this Part or Parts 4 to 11, other than an offence punishable with imprisonment for a term exceeding 6 months, may be prosecuted in a Magistrate’s Court and in the case of an offence punishable with imprisonment for a term of 6 months or more may be prosecuted in a District Court.
(3) Any punishment authorised by this Part or Parts 4 to 11 may be imposed by a District Court, even though it is a greater punishment than that court is otherwise empowered to impose.
(4) The Registrar of Companies, the Official Receiver and any officer authorised by the Registrar of Companies or the Official Receiver in writing have the right to appear and be heard before a Magistrate’s Court or a District Court in any proceedings for an offence under this Part or Parts 4 to 11.
Injunctions
Open ↗270.—(1) Where a person (A) has engaged, is engaging or is proposing to engage in any conduct that constituted, constitutes or would constitute a contravention of Parts 4 to 11, the Court may, on the application of —(a)
the Official Receiver; or
(b)
any person whose interests have been, are or would be affected by the conduct,
grant an injunction restraining A from engaging in the conduct and, if in the opinion of the Court it is desirable to do so, requiring A to do any act or thing.
(2) Where a person (A) has refused or failed, is refusing or failing, or is proposing to refuse or fail, to do an act or thing that A is required by Parts 4 to 11 to do, the Court may, on the application of —(a)
the Official Receiver; or
(b)
any person whose interests have been, are or would be affected by the refusal or failure to do that act or thing,
grant an injunction requiring A to do that act or thing.
(3) Where an application is made to the Court for an injunction under subsection (1), the Court may, if in the opinion of the Court it is desirable to do so, before considering the application, grant an interim injunction restraining a person from engaging in conduct of the kind referred to in subsection (1) pending the determination of the application.
(4) The Court may rescind or vary an injunction granted under subsection (1), (2) or (3).
(5) Where an application is made to the Court for the grant of an injunction restraining a person from engaging in conduct of a particular kind, the power of the Court to grant the injunction may be exercised —(a)
if the Court is satisfied that the person has engaged in conduct of that kind — whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or
(b)
if it appears to the Court that, in the event that an injunction is not granted, it is likely the person will engage in conduct of that kind — whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the firstmentioned person engages in conduct of that kind.
(6) Where an application is made to the Court for a grant of an injunction requiring a person to do a particular act or thing, the power of the Court to grant the injunction may be exercised —(a)
if the Court is satisfied that the person has refused or failed to do that act or thing — whether or not it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or
(b)
if it appears to the Court that, in the event that an injunction is not granted, it is likely the person will refuse or fail to do that act or thing — whether or not the person has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to any person if the firstmentioned person refuses or fails to do that act or thing.
(7) Where the Official Receiver makes an application to the Court for the grant of an injunction under this section, the Court must not require the Official Receiver or any other person, as a condition of granting an interim injunction, to give any undertakings as to damages.
(8) Where the Court has power under this section to grant an injunction restraining a person from engaging in a particular conduct, or requiring a person to do a particular act or thing, the Court may, either in addition to or in substitution for the grant of the injunction, order that person to pay damages to any other person.
Composition of offences
Open ↗271.—(1) The Official Receiver may compound any offence under this Part or Parts 4 to 11 that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum of money not exceeding the lower of the following:(a)
one half of the amount of the maximum fine that is prescribed for the offence;
(b)
$5,000.
(2) The Official Receiver may compound any offence under this Part or Parts 4 to 11 (including an offence under a provision that has been repealed) that —(a)
was compoundable under this Act at the time the offence was committed; but
(b)
has ceased to be so compoundable,
by collecting from a person reasonably suspected of having committed the offence a sum of money not exceeding the lower of the following:
(c)
one half of the amount of the maximum fine that is prescribed for the offence at the time it was committed;
(d)
$5,000.
(3) The Official Receiver may authorise either generally or specifically the Registrar of Companies to compound —(a)
any offence under this Part or Parts 4 to 11 that is prescribed as a compoundable offence; and
(b)
any offence under this Part or Parts 4 to 11 (including an offence under a provision that has been repealed) that —(i)
was compoundable under this Act at the time the offence was committed; but
(ii)
has ceased to be so compoundable.
(4) If the Registrar of Companies is authorised by the Official Receiver under subsection (3), the Registrar of Companies may compound an offence that he or she is authorised to compound by collecting from a person reasonably suspected of having committed the offence a sum of money not exceeding the lower of the following:(a)
one half of the amount of the maximum fine that is prescribed for the offence at the time it was committed;
(b)
$5,000.
(5) On payment of the sum of money mentioned in subsection (1), (2) or (4), no further proceedings may be taken against that person in respect of the offence.
(6) All sums collected under this section must be paid into the Consolidated Fund.
Appeal
Open ↗272.—(1) Any party aggrieved by an act or a decision of the Official Receiver under Parts 4 to 11 may, within 28 days after the date of the act or decision, appeal to the Court against the act or decision.
(2) Any party aggrieved by an act or a decision of the Registrar of Companies under section 254, 255, 257, 258 or 261 may, within 28 days after the date of the act or decision, appeal to the Court against the act or decision.
(3) The Court may confirm the act or decision or give such directions in the matter as seem proper or otherwise determine the matter.
(4) This section does not apply to any act or decision of the Official Receiver —(a)
in respect of which any provision in the nature of an appeal or a review is expressly provided in this Act; or
(b)
which is declared by this Act to be conclusive or final or is embodied in any document declared by this Act to be conclusive evidence of any act, matter or thing.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
