Companies (Filing of Documents) (Amendment) Regulations 2004

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Published in Subsidiary Legislation Supplement
on 25 May 2004

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No. S 292

Companies Act

(Chapter 50)

Companies (Filing of Documents) (Amendment) Regulations 2004

In exercise of the powers conferred by sections 12A (1A) and (1B) and 411 of the Companies Act, the Minister for Finance hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Companies (Filing of Documents) (Amendment) Regulations 2004 and shall come into operation on 1st June 2004.

Amendment of regulation 38

2. Regulation 38 of the Companies (Filing of Documents) Regulations 2003 (G.N. No. S 17/2003) is amended —

(a)	by deleting the word “audited” in paragraph (b)(iii) and (iv);
(b)	by inserting, at the end of paragraph (b), the word “and”;
(c)	by deleting the words “with a revenue for the financial year concerned of more than $2.5 million” in paragraph (c);
(d)	by inserting, immediately after the words “Part V” in paragraph (c)(i), the words “or VI”;
(e)	by deleting the words “of the Act; and” in paragraph (c)(ii) and substituting the words “of the Act, where applicable.”; and
(f)	by deleting paragraph (d).

Amendment of Schedule

3. The Schedule to the Companies (Filing of Documents) Regulations 2003 is amended —

(a)

by inserting, at the end of paragraph (b) in Part IV, the word “and”;

(b)

by deleting paragraph (c) of Part IV;

(c)

by re-lettering paragraph (d) of Part IV as paragraph (c) of that Part; and

(d)

by deleting Part V and substituting the following Parts:

“Part V

Companies (Filing of Documents) Regulations

(Certificate to be presented as an attachment for companies whose financial year starts on or after 15th May 2003)

Regulation 38(c)

Certificate by An Exempt Private Company under Section 197 (under Section 197 (1)

Name of Company:

Registration No:

*¹If it is an exempt private company the revenue of which for the financial year concerned does not exceed the prescribed amount*²

*¹ Select whichever is applicable to the company.

*² Section 205C(1) of the Companies Act states that an exempt private company shall be exempt from audit requirements in respect of a financial year if its revenue in that year does not exceed the prescribed amount. Regulation 89A of the Companies Regulations provides that for the purposes of section 205C of the Companies Act, the prescribed amount is $5 million except that in respect of a financial year starting on or after 15th May 2003 but before 1st June 2004, the prescribed amount is $2.5 million.

I, the undermentioned officer of the abovementioned company hereby certify to the best of my knowledge and belief that —

(a)

the company is and has been an exempt private company as defined under section 4(1) of the Companies Act by virtue of its being a private company of which no beneficial interest in its shares is held, directly or indirectly, by any corporation and having not more than 20 members;

(b)

a profit and loss account and balance-sheet made up to the date stated in the main return which comply with the requirements of the Act have been presented before the company ¹in the annual general meeting/by way of a resolution by written means, on the date stated in the main return; and

¹Delete whichever is inapplicable.

(c)

as at the date that the profit and loss account has been made up, the company appeared to be able to meet its liabilities as and when they fall due.

*¹If it is an exempt private company the revenue of which for the financial year concerned exceeds the prescribed amount*²

*¹ Select whichever is applicable to the company.

We, the undermentioned officer/auditor of the abovementioned company hereby certify to the best of our knowledge and belief that —

(a)

(b)

a duly audited profit and loss account and balance-sheet made up to the date stated in the main return which comply with the requirements of the Act have been presented before the company ²in the annual general meeting/by way of a resolution by written means, on the date stated in the main return; and

²Delete whichever is inapplicable.

(c)

as at the date that the profit and loss account for the financial year has been made up, the company appeared to be able to meet its liabilities as and when they fall due.

__________________________________ Signature and Name of Director signing on behalf of the Board

___________________________________ ** Signature and Name of Auditor

** For exempt private company with revenue for the financial year concerned exceeding prescribed amount.

Part VI

Companies (Filing of Documents) Regulations

(Certificate to be presented as an attachment for companies whose financial year starts before 15th May 2003)

Regulation 38(c)

Certificate by An Exempt Private Company under Section 197 (1)

Name of Company:

Registration No:

We, the undermentioned officers/auditor of the abovementioned company hereby certify to the best of our knowledge and belief that —

(a)	the company is and has been an exempt private company as defined under section 4(1) of the Companies Act by virtue of its being a private company of which no beneficial interest in its shares is held, directly or indirectly, by any corporation and having not more than 20 members;
(b)	a duly audited profit and loss account and balance-sheet made up to the date stated in the main return which complies with the requirements of the Act has been presented before the company in a general meeting on the date stated in the main return; and
(c)	as at the date that the profit and loss account has been made up, the company appears to be able to meet its liabilities as and when they fall due.

____________________________________ Signature and Name of Director

____________________________________ Signature and Name of Secretary

____________________________________ Signature and Name of Auditor”.

[G.N. No. S 235/2003]

Made this 19th day of May 2004.

LIM SIONG GUAN

Permanent Secretary,
Ministry of Finance,
Singapore.

[F 14.1.0035; AG/LEG/SL/50/2002/1 Vol. 6]