Manner in which wishes of entitled persons are to be ascertained
4.—(1)  For the purposes of section 203A(4) of the Act, whether or not an entitled person wishes to receive copies of the full financial statements and report for a financial year as well as for future financial years is to be ascertained —
(a)from any relevant notification he has given to the company as to whether he wishes to receive copies of the full financial statements and report or as to whether he wishes, instead of copies of those documents, to receive the summary financial statements under section 203A(1) of the Act;
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(b)from any notification he has given to the company with respect to future financial years as to whether he wishes to receive copies of the full financial statements and report for those future financial years; or
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(c)failing any such express notification, from any failure to respond to an opportunity given to the entitled person to elect to receive copies of the full financial statements and report as part of a relevant consultation of his wishes by the company.
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(2)  For the purposes of paragraph (1)(a), a notification is a relevant notification with respect to a financial year if it relates to that year and if it is received by the company not later than 7 days before the first date on which copies of the full financial statements and report are sent out to entitled persons in compliance with section 203(1) of the Act with respect to that financial year.
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(3)  For the purposes of paragraph (1), a relevant consultation of the wishes of an entitled person is a notice given to the entitled person which —
(a)states that for that financial year and all future financial years, so long as he is an entitled person, he will be sent a summary financial statement instead of the full financial statements and report of the company, unless he notifies the company that he wishes to continue to receive those documents;
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(b)contains a statement in a prominent position that a failure to respond to the notice has important consequences, and that by failing to respond he would be taken to have indicated that he does not wish to receive copies of the full financial statements and report of the company for that financial year and for all future financial years;
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(c)accompanies a copy of a summary financial statement, prepared in accordance with section 203A of the Act and these Regulations, with respect to the financial year covered by those full financial statements and report and which is identified in the notice as an example of the document which the entitled person will receive for the future, so long as he is an entitled person, unless he notifies the company to the contrary; and
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(d)is accompanied by a printed card or form in respect of which any postage necessary for its return to the company has been, or will be, paid by the company and which is so worded as to enable an entitled person, by marking a box and returning the card or form, to notify the company of any of the following matters:
(i)that he wishes to receive the full financial statements and report for the financial year covered by the summary financial statement as well as for future financial years; or
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(ii)that he does not wish to receive the summary financial statements or the full financial statements and report for future financial years.
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