The company is required by law to file notification of the resignation or disqualification within 14 days from the date of resignation or disqualification. This would enable ACRA to update its records of the director’s status.
When a company’s ex-director has reasonable grounds to believe that the company will not lodge a return with ACRA, he may notify ACRA of his resignation or disqualification via Bizfile.
When to Notify
Resignation
Generally, the company is given 14 days to lodge the notice of cessation with ACRA after the ex-director has served his valid resignation.
Disqualification
The director must provide a written notice of disqualification to the company. The company in turn is required to report the disqualification to ACRA within 14 days after the director becomes disqualified.
If the ex-director is aware that that there are no other officers in the company to lodge the notice (e.g. the company secretary has resigned and the other remaining director(s) are disqualified), he may notify ACRA of his valid resignation or disqualification immediately.
Non-compliance could constitute an offence under S165 of the Companies Act.
How to Notify
| Step 1: | Log onto Bizfile with your SingPass. |
|---|---|
| Step 2: | Select “Others”, proceed to click on “General Lodgement” |
| Step 3: | Follow the steps displayed on the page and select the relevant transaction. |
| Step 4: | Each notification for resignation is company-specific. For example, if the director is resigning from several companies, the director must lodge a return for every company where he holds directorship. |
What to Do After Notifying ACRA
Check Notification Status
The applicant may check the status of the notification after 1 – 3 working days via:
- Bizfile – under “Transaction Status Enquiry”
- Email – the outcome will be sent by email if an email address was provided to ACRA
Wait for a Response
ACRA may contact the ex-director or other relevant parties to verify his resignation or disqualification claim.
It may not be possible for ACRA to respond in 3 working days in cases where a more detailed investigation are needed.
Consequences of Non-notification
Failure to Notify ACRA
The company and every officer of the company who fails to report a director’s resignation or disqualification may each:
- be fined up to S$5,000
- be liable to a default penalty if the offence continues after conviction
The person will remain as a director in ACRA’s records until the notification is lodged. This means he is still responsible for managing the company.
Legal Advice
Please seek professional advice if you are unsure about the legal duties and liabilities of the company and its officers.
