s 40C Effect of impossibility, etc., of communicating or accepting offer made under arrangement or contract
40C.—(1) Where there are unitholders of units in a registered business trust to whom an offer to acquire units in the registered business trust is not communicated, that does not prevent the offer from being an offer made under an arrangement or a contract for the purposes of section 40A if —(a) those unitholders have no address in Singapore registered with the trustee-manager of the registered business trust; (b) the offer was not communicated to those unitholders —(i) in order not to contravene the law of a country or jurisdiction outside Singapore; or (ii) because communication to those unitholders would in the circumstances be unduly onerous; and (c) either —(i) the offer is published in the Gazette; or (ii) the offer can be inspected, or a copy of it obtained, at a place in Singapore or on a website, and a notice is published in the Gazette specifying the address of that place or website. (2) Where an offer is made to acquire units in a registered business trust and there are persons for whom, by reason of the law of a country or jurisdiction outside Singapore, it is impossible to accept the offer, or more difficult to do so, that does not prevent the offer from being made under an arrangement or a contract for the purposes of section 40A. (3) It is not to be inferred —(a) that an offer which is not communicated to every unitholder of the registered business trust cannot be an offer made under an arrangement or a contract for the purposes of section 40A unless the requirements of subsection (1)(a), (b) and (c) are met; or (b) that an offer which is impossible, or more difficult, for certain persons to accept cannot be an offer made under an arrangement or a contract for those purposes unless the reason for the impossibility or difficulty is the reason mentioned in subsection (2).[Act 30 of 2022 wef 12/03/2024]