s 215AB Effect of impossibility, etc., of communicating or accepting offer made under scheme or contract
215AB.—(1) Where there are holders of shares in a company to whom an offer to acquire shares in the company is not communicated, that does not prevent the offer from being an offer made under a scheme or contract for the purposes of section 215 if —(a) those shareholders have no address in Singapore registered with the company; (b) the offer was not communicated to those shareholders —(i) in order not to contravene the law of a country or territory outside Singapore; or (ii) because communication to those shareholders 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.[36/2014] (2) Where an offer is made to acquire shares in a company and there are persons for whom, by reason of the law of a country or territory 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 a scheme or contract for the purposes of section 215.[36/2014] (3) It is not to be inferred —(a) that an offer which is not communicated to every holder of shares in the company cannot be an offer made under a scheme or contract for the purposes of section 215 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 a scheme or contract for those purposes unless the reason for the impossibility or difficulty is the reason mentioned in subsection (2).[36/2014] —(1) Where there are holders of shares in a company to whom an offer to acquire shares in the company is not communicated, that does not prevent the offer from being an offer made under a scheme or contract for the purposes of section 215 if —(a) those shareholders have no address in Singapore registered with the company; (b) the offer was not communicated to those shareholders —(i) in order not to contravene the law of a country or territory outside Singapore; or (ii) because communication to those shareholders 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.[36/2014] (2) Where an offer is made to acquire shares in a company and there are persons for whom, by reason of the law of a country or territory 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 a scheme or contract for the purposes of section 215.[36/2014] (3) It is not to be inferred —(a) that an offer which is not communicated to every holder of shares in the company cannot be an offer made under a scheme or contract for the purposes of section 215 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 a scheme or contract for those purposes unless the reason for the impossibility or difficulty is the reason mentioned in subsection (2).[36/2014]