Variable Capital Companies Act 2018 - Singapore Statutes Online

Registers, etc.

9.—(1) Subject to this Act, the Registrar must keep such registers as the Registrar considers necessary and in such form as the Registrar thinks fit.

(2) Any person may, on payment of the prescribed fee —

(a)	inspect any document (other than a return or a copy of the constitution of a VCC) filed or lodged with the Registrar, including a microfilm of such document;
(b)	require a copy of the notice of incorporation of a VCC, any certificate issued under this Act, or any document or extract from any document kept by the Registrar (other than a return or a copy of the constitution of a VCC), to be given or certified by the Registrar; or
(c)	inspect any register of directors, managers, secretaries or auditors, or require a copy of or an extract from any such register.

(3) Despite subsection (2)(b), a certificate of confirmation of incorporation of a VCC mentioned in section 16(7) may only be issued to the VCC upon an application made in accordance with that provision.

(4) Despite subsection (2)(a) and (c), a director, manager, secretary, auditor or member of a VCC or a custodian of a non‑umbrella VCC or a sub-fund may, without charge —

(a)	inspect the register of directors, managers, secretaries or auditors of that VCC; or
(b)	obtain from the Registrar a copy of or an extract from such a register.

(5) A copy of or an extract from any document (including a copy produced by way of microfilm) filed or lodged with the Registrar using a non‑electronic medium that is certified to be a true copy or an extract by the Registrar is, in any proceedings, admissible in evidence as of equal validity with the original document.

(6) In any legal proceedings, a certificate issued by the Registrar that a requirement of this Act specified in the certificate —

(a)	had or had not been complied with on a date or within a period specified in the certificate; or
(b)	had been complied with upon a date specified in the certificate but not before that date,

is prima facie evidence of the matters specified in the certificate.

(7) If the Registrar is of the opinion that any document submitted to the Registrar —

(a)	contains any matter contrary to any law;
(b)	by reason of any omission or misdescription, has not been duly completed;
(c)	does not comply with the requirements of this Act; or
(d)	contains any error, alteration or erasure,

the Registrar may refuse to register or receive the document, and may request that the document be appropriately amended or completed and resubmitted, or that a fresh document be submitted in its place.

(8) If the Registrar is of the opinion that it is no longer necessary or desirable to retain any document lodged, filed or registered with the Registrar and which has been microfilmed or converted to electronic form, the Registrar may —

(a)	destroy the document with the authorisation of the National Library Board under section 14D of the National Library Board Act (Cap. 197); or
(b)	transfer the document to the National Archives of Singapore under section 14C of that Act.

(9) In subsection (5), “non‑electronic medium” means a medium other than the electronic transaction system established under Part VIA of the Accounting and Corporate Regulatory Authority Act.

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