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31 Oct 2006

Formal Consolidation | 2006 RevEd

Return as to allotments

63.—(1) Where a company makes any allotment of its shares, other than a deemed allotment, the company shall within 14 days thereafter lodge with the Registrar a return of the allotments stating —

(a)

the number of the shares comprised in the allotment;

(b)

the amount (if any) paid or deemed to be paid on the allotment of each share;

(ba)

the amount (if any) unpaid on each share referred to in paragraph (b);

(c)

where the capital of the company is divided into shares of different classes the class of shares to which each share comprised in the allotment belongs; and

(d)

the full name, identification, nationality (if such identification or nationality, as the case may be, is required by the Registrar) and address of, and the number and class of shares held by —

(i)	each of its members; or
(ii)	if it has more than 50 members as a result of the allotment, each of the 50 members who, following the allotment, hold the most number of shares in the company (excluding treasury shares). [12/2002; 21/2005]

(1A) A return of allotments referred to in subsection (1) by a company the shares of which are listed on a stock exchange in Singapore need not state the particulars referred to in subsection (1)(d).

[12/2002]

(2) In subsection (1), “identification” means in the case of a person issued with an identity card, the number of his identity card and, in the case of a person not issued with an identity card, particulars of his passport or such other similar evidence of identification as is available.

[15/84]

(3) [Act 12 of 2002]

(4) Where shares are allotted as fully or partly paid up otherwise than in cash and the allotment is made pursuant to a contract in writing, the company shall lodge with the return the contract evidencing the entitlement of the allottee or a copy of any such contract certified as prescribed.

[12/2002]

(5) If a certified copy of a contract is lodged, the original contract duly stamped shall if the Registrar so requests be produced at the same time to the Registrar.

(6) Where shares are allotted as fully or partly paid up otherwise than in cash and the allotment is made —

(a)	pursuant to a contract not reduced to writing;
(b)	pursuant to a provision in the memorandum or articles; or
(c)	in satisfaction of a dividend declared in favour of, but not payable in cash to, the shareholders, or in pursuance of the application of moneys held by the company in an account or reserve in paying up unissued shares to which the shareholders have become entitled,

the company shall lodge with the return a statement containing such particulars as are prescribed but, where the shares are allotted pursuant to a scheme of arrangement approved by the Court under section 210, the company may lodge a copy of the order of the Court in lieu of the statement in the prescribed form.

[12/2002]

(7) In this section, “deemed allotment” means an issue of shares without formal allotment to subscribers to the memorandum.

[12/2002]

(8) If default is made in complying with this section, every officer of the company who is in default shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000 and to a default penalty of $250.

[15/84]

[UK, 1948, s. 52; Aust., 1961, s. 54]

Informal Consolidation | Amended Act 36 of 2014

Return as to allotments by private companies

63.—(1) A private company may allot new shares, other than a deemed allotment, by lodging with the Registrar a return of the allotment in the prescribed form, which shall include the following particulars:

(a)	the number of the shares comprised in the allotment;
(b)	the amount (if any) paid or deemed to be paid on the allotment of each share;
(c)	the amount (if any) unpaid on each share referred to in paragraph (b);
(d)	where the capital of the company is divided into shares of different classes, the class of shares to which each share comprised in the allotment belongs; and
(e)	the full name, identification, nationality (if such identification or nationality, as the case may be, is required by the Registrar) and address of, and the number and class of shares held by each of its members.

(2) An allotment of shares, other than a deemed allotment, by a private company on or after the date of commencement of section 32 of the Companies (Amendment) Act 2014 does not take effect until the electronic register of members of the company is updated by the Registrar under section 196A(5).

(3) In this section and section 63A, “deemed allotment” means an issue of shares without formal allotment to subscribers to the constitution.

[Act 36 of 2014 wef 03/01/2016]

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