Singapore Companies (Amendment) Act 2014 – Alternate Address

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Singapore Companies (Amendment) Act 2014 – Alternate Address

The Selected Key Legislative Amendments in the Singapore Companies (Amendment) Act 2014 – Alternate Address

Previous Requirement

Individuals report personal particulars (including residential address) to ACRA. Information made available to public.

Changes

New alternate address for director, CEO and secretary:

• Allow reporting of alternate address where the director, CEO and secretary can be located.

• Alternate address: Cannot be a P.O. box, only one alternate address per person, must be in the same jurisdiction as residential address, and must be an address where the person can be located.

Conditions:

  1. Must still provide residential address to ACRA. This will not be available for public inspection or access for records from 3 Jan 2016, except as provided for in this Act.
  2. Publish residential address if alternate address is inaccurate, after giving individual opportunity to make representations; individual barred from using alternate addresses for 3 years.

Note: Alternate addresses are also available to directors of foreign companies registered under the Companies Act, persons registered under the new Business Names Registration Act, public accountants registered under the Accountants Act, partners or managers of a limited liability partnership, and partners or local managers of a limited partnership.

Points to note

• One-time registration fee of $40 for alternate address; not multiple fees for individuals with address reported across multiple different entities.

• Registration/ change of alternate address results in changes across ACRA’s database.

• No fees for change of alternate address.

• No fees for change of alternate address to residential address.

• Previous records of residential address before 3 Jan 2016 will not be blocked from public inspection or access.

Use of residential address when alternate address has been reported, and replacement of alternate address

When person reports alternate address in the register, he must also report residential address and changes to it to ACRA. If person reports change of residential address under National Registration Act, he is deemed to have informed ACRA.

Where alternate address is reflected in the register, and residential address is reported to ACRA, the latter is protected from disclosure and is not available for public inspection or access. Residential address reported to ACRA before 3 Jan 2016 will still be publicly accessible.

ACRA may replace alternate address with residential address if:

(a) communications sent to the alternate address and requiring a response within a specified period remain unanswered; or

(b) there is evidence to show that service of any document at the alternate address is not effective to bring it to the notice of the person.

ACRA will send show cause letter and consider representations before deciding whether to replace alternate address in the registers. Upon replacement, residential address ceases to be protected from disclosure or from public inspection or access. Person is prohibited from reporting alternate address for 3 years.

ACRA has announced a 2-phase implementation approach to the legislative amendments to Singapore Companies Act, where about 40% of the over 200 legislative amendments will take effect in the first phase on 1 July 2015, while the second phase encompassing the rest of the legislative amendments is expected to take effect in the first quarter of 2016.

For more information on the Key Legislative Amendments of Phase 1 Implementation of the Companies (Amendment) Act 2014, please click here.

For more information on the Key Legislative Amendments of Phase 2 Implementation of the Companies (Amendment) Act 2014, please click here.

For Frequently Asked Questions (FAQs) to the Implementation of the Companies (Amendment) Act 2014, please click here.

For more information, please refer to ACRA at www.acra.gov.sg.

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