PART III
GENERAL PROVISIONS RELATING TO DOCUMENTS ATTACHED TO FORMS
General requirements for documents lodged with Registrar
7.—(1)  Any document which is to accompany a form to be lodged with the Registrar shall —
(a)comply with such directions as are specified by the Registrar; and
(b)be lodged in accordance with such directions as are specified in that form or by the Registrar.
(2)  Without prejudice to the generality of paragraph (1), the directions specified in the form or by the Registrar may provide for the format in which the document is to be lodged.
[S 603/2007 wef 05/11/2007]
Verification and certification of documents
8.—(1)  The copy of the contract to be lodged under section 63B(1) of the Act shall be certified by an advocate and solicitor or a registered qualified individual declaring that he has compared the copy with the original contract and that it is a true copy of the contract of which it purports to be a copy.
[S 832/2015 wef 03/01/2016]
(2)  For the purpose of paragraph (1), the certification may be made on the copy of the contract, and the copy shall be signed and dated by the advocate and solicitor or registered qualified individual and shall contain the name of the advocate and solicitor or registered qualified individual, as the case may be, and the name and address of his firm or corporation, if applicable.
[S 832/2015 wef 03/01/2016]
(3)  A copy of the report of the result of the meeting to be lodged by a judicial manager under sections 227N(3) or 227P(5) of the Act and of a certificate or other document annexed to the report, shall be a copy verified in writing by the judicial manager to be a true copy of the original report and of that certificate or document.
(4)  The affidavit verifying a statement of affairs of a company referred to in sections 224(2) and 227L(2) of the Act shall be in accordance with the applicable form.
(5)  For the purpose of section 270(1) of the Act, a statement of affairs of a company shall be verified by affidavit in accordance with the applicable form sworn or affirmed by the person who lodges, or by one of the persons who lodges, the statement to the Official Receiver or the liquidator of the company, as the case requires, under section 270(2) of the Act.
Agent’s authority to be lodged
9.  Where a statement in lieu of prospectus lodged with the Registrar under section 59(1) of the Act is signed under section 60(1)(a) of the Act by a person authorised in writing by a director or proposed director, the authorisation or a verified copy of the authorisation shall be annexed to the statement.
Signed copies of statutory report and auditor’s report thereon required for lodgment
10.  For the purposes of section 174(5) of the Act —
(a)the copy of the statutory report of a company to be lodged with the Registrar shall be a copy that is certified under section 174(3) of the Act by the personal signatures of not less than 2 directors; and
(b)the copy of the auditor’s report on a statutory report referred to in paragraph (a) to be lodged with the Registrar shall be a copy that is personally signed by the auditor or, where the auditor is a firm, by one of the partners of that firm.
Certified copies of statements of affairs
11.  The copy of the statement of affairs of a company to be lodged with the Registrar shall be a copy certified in writing to be a true copy of the original statement —
(a)in the case of a copy lodged for the purposes of section 223(1)(c)(i) of the Act, by the receiver or manager of the property of the company; and
(b)in the case of a copy lodged for the purposes of section 270(3) of the Act, by the liquidator of the company.
Certified translations of documents
12.—(1)  For the purposes of section 397 of the Act, “certified translation” means a translation that —
(a)in the case of a translation made outside Singapore —
(i)is certified by an official to whom the custody of the original instrument, certificate, contract or document is committed, being an official holding or purporting to hold an office corresponding to that of the Registrar in the place in which the corporation is formed or incorporated;
(ii)is certified by a notary public or a translator duly admitted and sworn in accordance with the law of the place in which the corporation is formed or incorporated; or
(iii)is certified by a Singapore consular officer in the place in which the corporation is formed or incorporated; or
(b)in the case of a translation made within Singapore, is certified by a person approved by the Registrar to be a correct translation in the English language.
(2)  The Registrar may, before accepting a translation for lodgment, require the person lodging the translation to furnish to the Registrar such evidence as the Registrar thinks sufficient of the ability of the person by whom the translation is made to make the translation.
(3)  In this regulation, “Singapore consular officer” means a Consul or a person performing consular functions on behalf of the Government.
Time for lodging documents
13.  Where, on or after 3 January 2016, a form or document is required under the Act or these Regulations to be lodged with the Registrar but a period of time within which that form or document is to be lodged is not prescribed, that form or document shall be lodged —
(a)within 14 days; or
[S 832/2015 wef 03/01/2016]
(b)in the case of a form or document required to be lodged by a foreign company, within such further period as the Registrar may in special circumstances allow,
after the occurrence of the event to which the form or document relates.
[S 832/2015 wef 03/01/2016]
Affidavit and statutory declaration
14.—(1)  Except as otherwise provided in the Act, these Regulations or in any form, an affidavit or a statutory declaration sworn or declared for the purposes of the Act or these Regulations on behalf of a corporation shall be sworn or declared by a director or the secretary of the corporation.
(2)  Where an affidavit or a statutory declaration prescribed by the Act or these Regulations purports to be sworn or declared at a place outside Singapore, the affidavit or statutory declaration shall be sufficient for the purposes of the Act or these Regulations if it purports to be sworn or declared in accordance with the requirements of the law of that place.
(3)  The affidavit verifying the account of receipts and payments by the receiver or manager under section 225(1) of the Act need not be lodged with the form if the lodgment is personally done by the receiver or manager concerned and he declares in that form that the accounts and statements are true and correct.
Service of documents on Official Receiver
15.  A form lodged with the Registrar in compliance with sections 270(3), 295(4), 308(3) and (4), 316(1) and (3) and 317(1) of the Act shall be deemed to have been lodged with the Official Receiver upon payment of the prescribed fees for both the lodgments.