Companies Act - Singapore Statutes Online

Defence to prosecutions

90.—(1) It is a defence to a prosecution for failing to comply with section 82, 83, 84 or 86 if the defendant proves that his failure was due to his not being aware of a fact or occurrence the existence of which was necessary to constitute the offence and that —

(a)	he was not so aware on the date of the summons; or
(b)	he became so aware less than 7 days before the date of the summons. [62/70; 15/84]

(2) For the purposes of subsection (1), a person shall conclusively be presumed to have been aware of a fact or occurrence at a particular time —

(a)	of which he would, if he had acted with reasonable diligence in the conduct of his affairs, have been aware at that time; or
(b)	of which an employee or agent of the person, being an employee or agent having duties or acting in relation to his master’s or principal’s interest or interests in a share or shares in the company concerned, was aware or would, if he had acted with reasonable diligence in the conduct of his master’s or principal’s affairs, have been aware at that time.

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