Offences committed under Sections 175 (Holding of AGM) and 197 (Filing of AR) of the Companies Act
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A summons may be issued against a company director, now a defendant, for not holding the company’s Annual General Meeting and filing its Annual Return (AR), as stipulated under the law.
If the defendant does so before the mention date of the summons, ACRA will take a lenient view of the matter and offer the defendant a composition amount of $700 for each summons, payable online when filing the AR through BizFile. The filer will need to login to BizFile using his SingPass ID and SingPass to perform a filing transaction.
If the AR is filed and the composition amount paid before the mention date, the defendant will not be required to attend the Court as ACRA will apply to the Court to withdraw the charges against him.
ACRa has produced a Director's handbook titled "ACRA & I: Being an Effective Director". The guidebook serves as a practical hands-on guide for directors on the know-how in performing their statutory duties and meeting their legal and compliance requirements. Find out more here. |
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What is the mode of payment?
Payment online is by credit card. Alternatively, the service of a professional or a service bureau can be engaged to do the filing of AR and make payment of the composition amount offered.
You may also find out more information on other modes of payment here.
What if I need more time?
If more time is needed to file the AR, the defendant may apply to the Court for a single adjournment of twelve weeks. The defendant is required to attend court on the mention date to make the application. If the defendant fails to turn up, a Warrant of Arrest will be issued against the defendant. The defendant must be present in Court even if he/she is represented by a lawyer.
What if I can’t file?
If the defendant is unable to file the AR at all, he / she may wish to do the following:
1. Plead guilty in Court to the charges against you (on conviction, you may be fined up to $5,000 for each charge) or
2. Claim trial in Court. However, if you are convicted on the hearing date, you may have to pay a higher fine and we may also claim prosecution costs (amounting to $1,000 to $1,500) from you.
How do I make representations?
If the defendant wishes to make representations, an ACRA Representations Form can be downloaded for completion before sending it to:
ACRA - Enforcement Division
10 Anson Road
International Plaza, #05-01/15
Singapore 079903
Alternatively, the form can be faxed to 6225 1676. All representations must reach ACRA at least two weeks before the mention date. Attendance at the Court is still required, pending a reply from ACRA.