5. In the principal Regulations, in the Sixth Schedule, replace paragraph 8 with —8.—(1) If a restricted scheme is not constituted as a VCC or sub‑fund of an umbrella VCC, any document relating to the scheme is sufficiently served —(a) | if served on the responsible person for the scheme at the responsible person’s last known address; | (b) | if delivered to the secretary or other similar officer of the responsible person at its registered office or principal place of business; | (c) | if sent by registered post addressed to the responsible person at its registered office or principal place of business; or | (d) | if sent by email to the last email address of the responsible person. |
(2) If a restricted scheme is constituted as a VCC or sub‑fund of an umbrella VCC, any document relating to the scheme is sufficiently served if served on the VCC in accordance with section 149 of the Variable Capital Companies Act 2018. |
(3) To avoid doubt, a reference in sub‑paragraph (1)(a) or (2) to service of any document relating to the scheme includes the service of any process in relation to the scheme. |
(4) Any notice, order or direction to be given or served by the Authority on —(a) | in the case where a restricted scheme is constituted as a corporation other than a VCC — the corporation; | (b) | in the case where a restricted scheme is constituted as a VCC or sub‑fund of an umbrella VCC — the VCC; | (c) | the manager for a restricted scheme; or | (d) | the trustee or custodian for a restricted scheme, |
is for all purposes regarded as duly given or served if it has been — |
(e) | delivered to the secretary or other similar officer of the corporation, VCC, manager, trustee or custodian (as the case may be) at its registered office or principal place of business; | (f) | left at the registered office or principal place of business of the corporation, VCC, manager, trustee or custodian (as the case may be) in an envelope addressed to the corporation, VCC, manager, trustee or custodian; | (g) | sent by registered post addressed to the corporation, VCC, manager, trustee or custodian (as the case may be) at its registered office or principal place of business; or | (h) | sent by email to the last email address of the corporation, VCC, manager, trustee or custodian, as the case may be. |
|
(5) In sub‑paragraph (1)(a), the last known address of the responsible person that is a company or a foreign company is —(a) | if the responsible person is a company, the address of its registered office in Singapore; or | (b) | if the responsible person is a foreign company, the address of its registered office in Singapore or the registered address of its authorised representative mentioned in section 366(1) of the Companies Act 1967 or, if the responsible person does not maintain a place of business in Singapore, its registered office in the place of its incorporation. |
|
(6) A document, notice, order or direction may be served on a person under this paragraph by email only with that person’s prior written consent. |
(7) Sub‑paragraphs (1)(b), (c) and (d) and (4) do not apply to documents to be served in proceedings in court. |
(8) Any document, notice, order or direction sent by registered post to any person in accordance with sub‑paragraph (1), (2) or (4) is deemed to be duly served on the person at the time when the document, notice, order or direction (as the case may be) would in the ordinary course of post be delivered. |
(9) When proving service of the document, notice, order or direction under sub‑paragraph (8), it is sufficient to prove that the envelope containing the document, notice, order or direction (as the case may be) was properly addressed, stamped and posted by registered post. |
(10) Service of a document, notice, order or direction under sub‑paragraph (1)(d) or (4)(h) takes effect at the time the email becomes capable of being retrieved by the person to whom the document is sent. |
(11) In this paragraph, “last email address” means —(a) | the last email address given by the addressee concerned to the person giving or serving the document, notice, order or direction as the email address for the service of the document, notice, order or direction under the Act; or | (b) | the last email address of the addressee concerned known to the person giving or serving the document, notice, order or direction.”. |
|
|
|
|