WHY Must a Company have a Company Secretary?

A Company incorporated in Singapore must follow the Company Act requirements or the Directors and the Company will face penalties from ACRA and the Courts.

Appointment of Company Secretary within 6 months of Incorporation or the resignation of a company secretary; notifying ACRA within 14 days of appointment; failure to do so will result in the Company being fined by ACRA.

Failure to comply is an offence under section 173H(1) of the Act and every officer of the company who is in default shall each be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and also to a default penalty.

Following are some common areas that Companies have found themselves in trouble:
• Failure to inform all shareholders of their duty to notify the Company of their substantial interests in the Company so that the Company Secretary can update the information with ACRA
• Failure to have a Registered Office Address and notify ACRA of change in address and hours open to the public
• Failure to publish Company’s Full legal name and Registration Number on all its business letters; invoices etc
• One of its directors disqualified to act as director due to bankruptcy and continued to do so and ACRA was not informed – liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
• Director is disqualified to act as director on conviction of certain offences – liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
• Failure to hold AGM within the stipulated time
• Failure to lodge Annual Return within the stipulated time
• Providing False or Misleading Statements in the Financial Statements; Annual Return; Certificates etc

Responsibilities of the Company Secretary:

• Notify ACRA of any changes to Directors; Company Secretary; Auditor; Change in Registered Office; Charges; changes in share capital and transfer of shares; Register of Controllers
• Prepare Board of Directors Minutes to record any of the above events
• Maintain the Company’s Statutory Registers reflecting events in point 1
• Issue Notice of AGM and help conduct the AGM and prepare the AGM Minutes and file the Annual Return
• Adhoc matters such as safe keeping of Common Seal; Administrator of Corp Pass; preparation Board Resolutions on adhoc events opening/closing bank accounts and changes in Bank Authorised Signatories; change in Business Activity; commitment to new lease; any important event of a financial or legal nature must be documented.
Striking Off of a Company’s name in the event of closure on voluntary basis

4 ways the Resilience Budget helping Singapore’s businesses stay afloat

The COVID-19 pandemic is likely to have long-lasting economic repercussions, as the global economy faces demand and supply shocks, falling growth forecasts and rising uncertainty.

To pull through this difficult time, additional support will be given to businesses. Addressing immediate challenges, the Resilience Budget will tackle the 3 Cs on business owners minds – cash flow, cost, and credit, in addition to offering help to specific sectors affected by COVID-19.

“The Resilience Budget will address the three Cs on the mind of every business owner now – cash flow, cost, and credit.”
DPM Heng Swee Keat

 

Here are the four ways the Resilience Budget is going to help businesses:

Help with cash flow

The Government is working to flow payouts under the wage support schemes quickly to provide timely assistance. By end-May 2020, a total of $5.6 billion would have been paid out. On top of this, an additional $500 million of wage credits under the enhanced support will be brought forward. Altogether, by Oct 2020, $16.2 billion will flow into the hands of businesses through the Job Support Scheme and Wage Credit Scheme.

To further ease cashflow as businesses await cash from wage support schemes, companies and self-employed persons will be granted an automatic deferment of income tax payments for 3 months. No application will be required.

Businesses
Deferment of income tax payment due in 
 Companies Apr, May and Jun 2020
 Self-employed persons May, Jun and Jul 2020
 Employees May approach IRAS if they need help with tax payments and
wish to avail themselves to this arrangement

Help with business costs

Where the cost is within the Government’s control, it will do its best to help.

The Property Tax Rebate announced in the Unity Budget will be enhanced, by raising the amount and covering more types of properties:

  • For 2020, qualifying commercial properties that have been more badly affected by the COVID-19 outbreak will pay no Property Tax. These include hotels, serviced apartments, tourist attractions, shops, and restaurants. This is a step up from the 15%-30% Property Tax Rebate announced earlier.
  • Businesses in other non-residential properties such as offices and industrial properties affected by the COVID-19 situation will be granted a Property Tax Rebate of 30% for the year 2020.

Landlords are urged to fully pass on the rebate to tenants by reducing rentals, to directly ease the cash flow and cost pressures faced by tenants.

Rental waivers will be enhanced to support tenants.

Tenants  Rental waivers
Stallholders in hawker centres managed by
NEA or NEA-appointed operators
 3 months
(up from 1 month announced in Budget 2020)
 Eligible tenants under government agencies  2 months
(up from 0.5 month announced in Budget 2020)
 All other non-residential tenants  0.5 month

In addition, all government fees and charges will be frozen for one year, from 1 April 2020 to 31 March 2021.

Help with credit

Financing schemes will be further enhanced so that even the hardest-hit businesses will continue to have access to credit.

Earlier enhancements were made to the Enterprise Financing Scheme (EFS) – SME Working Capital Loan to alleviate SMEs’ cash flow concerns, and the Temporary Bridging Loan Programme (TBLP) was introduced for enterprises in the tourism sector.

To support businesses’ trade financing needs, the EFS – Trade Loan will be enhanced, with the maximum loan quantum being increase from $5 million to $10 million, and an increase in the Government’s risk-share to 80%, up from 70%.

Subsidies to businesses for loan insurance premiums will be increased from 50% to 80%, under the Loan Insurance Scheme.

The Temporary Bridging Loan Programme will be expanded to all enterprises, and the maximum supported loan will be increased from $1 million to $5 million.

SMEs that require support beyond the TBLP can continue to tap on the EFS – SME Working Capital Loan. The maximum loan quantum for this will be further enhanced, from $600,000 to $1 million.

The Government will work with Participating Financial Institutions to defer capital payments for one year on the EFS-Working Capital Loan and the TBLP loans if requested by businesses, subject to assessment by Participating Financial Institutions.

In addition to financing schemes, $20 billion of loan capital will be set aside this budget. This will help to support good companies with strong capabilities, and catalyse private sector loan capital.

Businesses and individuals facing cash flow challenges will be receive help from the Monetary Authority of Singapore, which is working with banks and insurers, for their loan obligations and insurance premium payments.

“The outbreak has impacted broad swathes of our economy, with some more affected than others.”
DPM Heng Swee Keat

 

Help for sectors most affected by COVID-19

Additional help will be given to specific sectors that are most directly affected by COVID-19. These include sectors that rely on tourism and international travel, which have been hit the hardest, as well as sectors that involve a high level of human interaction that have been hit by safe distancing measures.

Enhanced Jobs Support Schemes will be rolled out for business in the aviation, tourism and food service sectors. For every local worker employed, a total of up to 75% wage offset for the first $4,600 of monthly wages will be provided.

A $350 million enhanced aviation support package will be introduced to fund measures such as rebates on landing and parking charges, and rental relief for airlines, ground handlers and cargo agents.

$90 million will be set aside to help the tourism industry rebound strongly, when the time is right.

The Point-to-Point Support Package to help taxi and private hire car drivers will be extended and enhanced. Eligible taxi hirers and PHC drivers will continue to receive the Special Relief Fund payments of $300 per vehicle per month until end-Sep 2020.

Private bus owners will be given a one-year road tax rebate and a six-month waiver of parking charges at government-managed parking facilities.

The arts and culture sector will be given an additional $55 million support package, to save jobs and support  upskilling and digitalisation of the sector.

“And we will stand with Singaporeans of all walks of life to battle this crisis, together… We will stand with our workers and businesses, to ride through this economic storm together, and overcome this challenge to our growth and prosperity.”
DPM Heng Swee Keat

What businesses can do in the meantime

As Singapore prepares for recovery, businesses should continue to make use of this downtime to digitalise, restructure, and transform.

They can leverage the SMEs Go Digital Programme, the Productivity Solutions Grant (PSG) and the Enterprise Development Grant (EDG) to do so. These schemes will be enhanced until Dec 2020, in the following ways:

  • SMEs Go Digital Programme will provide support for more digital solutions, from basic remote working tools, to more advanced systems.
  • Maximum support levels for PSG and EDG raised to 80% and 90% respectively to spur transformation.

Upgrading workers’ skills must continue to be a focus, thus enhanced support for skills upgrading will be provided in the following ways:

  • Course fee subsidies will be extended to the arts and culture and land transport sectors from 1 Apr 2020. This is on top of enhanced training support for aviation, tourism, food services, and retail trade sectors previously announced at the Unity Budget.
  • 90% absentee payroll rates will be extended to all employers, to provide additional cash flow relief when they send their workers for training, from 1 May 2020.
  • The duration of the enhancements will also be extended, to cover eligible courses starting before 1 January 2021.

For more on Budget 2020, visit www.singaporebudget.gov.sg.

Source : https://www.gov.sg/article/4-ways-the-resilience-budget-is-helping-singapores-businesses-stay-afloat

Unity and Resilience Budgets Supplement

This will supplement the support for workers that was earlier announced at the Unity and Resilience Budgets.

Here’s a recap of what workers can receive at the latest Solidarity Budget, as well as from the earlier announced Unity Budget and Resilience Budget.

Unity Budget [announced 18 Feb 2020]

  • Jobs Support Scheme to provide wage support
  • $500 SkillsFuture Credit top-up for all Singaporeans aged 25 and above
  • Senior Worker Support Package to help companies retain senior workers
  • SkillsFuture Mid-Career Support Package for those in their 40s and 50s to reskill
  • 70-70 target for youths for them to go for overseas programme

Resilience Budget [announced 26 Mar 2020]

  • Enhancements to the Jobs Support Scheme to provide enhanced wage support, particularly for those in sectors most affected by COVID-19
  • Self-Employed Person Income Relief Scheme (SIRS) – monthly cash payout to eligible SEPs
  • Self-Employed Persons Training Support scheme to help SEPs train and upskill
  • Enhanced Workfare Special Payment – one-off cash payment of $3,000
  • COVID-19 Support Grant for lower and middle-income workers who lost their jobs
  • Temporary Relief Fund for families who need urgent help
  • SGUnited Jobs initiative to create 10,000 jobs in one year
  • SGUnited Traineeships to support 8,000 traineeships for first-time job seekers


Solidarity Budget 
[announced 6 Apr 2020]

Further enhancements to the Jobs Support Scheme will help to save jobs:

  • The Government will pay 75% of the first $4,600 of monthly salaries for all local employees for April 2020
  • First JSS payout brought forward from May to April
  • From May 2020, wage subsidy levels will revert to what was announced in Resilience Budget

More Self-Employed Persons (SEPs) to get help

  • More SEPs to qualify for SEP Income Relief Scheme (SIRS)
    • To include all who also earn a small income from employment work
    • Raise the Annual Value threshold from up to $13,000 to up to $21,000
  • A total of about 100,000 SEPs will receive three quarterly cash payouts of $3000 each, starting from May 2020
 The primary aim of this Solidarity Budget is to take further steps to save jobs and protect the livelihoods of our people during this temporary period of heightened measures.
 Deputy Prime Minister and Finance Minister Heng Swee Keat in Parliament on 6 Apr 2020

For more on Budget 2020, visit www.singaporebudget.gov.sg

View the Budget booklets here

 



Source : https://www.gov.sg/article/solidarity-budget-2020-more-support-for-workers-during-the-circuit-breaker-phase

Small Companies Facing Cash Crisis

7 in 10 companies face cash flow issues due to late payments:

Watch this 2 mins video from CNA

With many companies facing cash flow issues due to late payments, the Singapore Business Federation is proposing the development of a supplier payment system. This will be part of its Budget 2020 recommendations and aims to help companies process payments faster. Michelle Teo reports.

One of the solutions is to adopt cloud accounting and be in a position to know the status of your cash flow and business profitability at your finger tips.

Solidarity Budget 2020

Solidarity Budget 2020: Further support for businesses through the circuit breaker period

During this circuit breaker period, many firms may not be able to operate or can only operate at a much reduced level. To help businesses preserve their capacity and capabilities so they can hit the ground running once the circuit breaker is lifted, Deputy Prime Minister and Minister for Finance Heng Swee Keat announced additional support on 6 Apr 2020.

Here’s a breakdown of the support businesses can receive from the Solidarity Budget, as well as a recap of the earlier announced Unity Budget and Resilience Budget.

Unity Budget [announced 18 Feb 2020]

Support for Businesses

  1. Stabilisation & Support Package
  • Jobs Support Scheme
  • Enhanced Enterprise Finance Scheme-SME Working Capital Loan
  • 25% Corporate Income Tax Rebate for the year 2020, up to $15,000 per company
  1. Transformation and Growth
  • $8.3 billion allocated over the next three years for Transformation and Growth
  • Additional $300 million under Startup SG Equity for deep-tech startups
  • Enterprise Grow Package
    • Launched GoBusiness platform, a single touchpoint for Government-to-Business transaction
    • Expanded SMEs Go Digital programme to drive greater adoption of digital technology
      • Enhanced Market Readiness Assistance grant to help more enterprises enter new markets
      • Enterprise Transform Package
        • Training and mentorship for businesses leaders of 900 enterprises, through Enterprise Leadership for Transformation programme

      Expanding Enterprise Development Grant to support 3,000 business transformation projects

Resilience Budget [announced 26 Mar 2020]

Support for Businesses

1. Help with cash flow

  • Accelerated flowing of payouts under wage support schemes (a total payout of $5.6 billion by end-May 2020)
  • Brought forward additional $500 million of wage credits

Automatic deferment of income tax payments for 3 months for companies and self-employed persons

2. Help with business costs

  • Enhanced Property Tax Rebate
    • No Property Tax for 2020 for qualifying commercial properties (up from 15% – 30% Property Tax Rebate)
    • 30% Property Tax Rebate for 2020 for businesses in other non-residential properties affected
  • Rental waivers of up to 3 months for stallholders in hawker centres managed by National Environment Agency (NEA) or NEA-appointed operators, eligible tenants under government agencies and all other non-residential tenants
  • One-year freeze on all government fees and charges, from 1 April 2020 to 31 March 2021
  1. Help with credit
  • Enhanced Enterprise Financing Scheme (EFS) – Trade Loan with maximum loan quantum of $10 million (up from $5 million) and Government’s risk-share of 80% (up from 70%)
  • 80% subsidies to businesses for loan insurance premiums under the Loan Insurance Scheme (up from 50%)
  • Expanded Temporary Bridging Loan Programme expanded to all enterprises, with maximum supported loan of $5 million (up from $1 million)
  • Enhanced EFS –SME Working Capital Loan with maximum loan quantum of $1 million (up from $600,000)
  • Deferred capital payments for one year on the EFS-Working Capital Loan and the TBLP loans for businesses that request it
  • $20 billion of loan capital set aside as part of the budget
  • Help for loan obligations and insurance premium payments for businesses and individuals facing cash flow challenges
  1. Help for sectors most affected by COVID-19
  • Enhanced Jobs Support Schemes for business in the aviation, tourism and food service sectors, up to 75% wage offset first $4,600 of monthly wages will be provided for every local employed
  • $350 million enhanced aviation support package
  • $90 million set aside to help the tourism industry rebound
  • Extended and enhanced Point-to-Point Support Package for taxi and private hire car drivers, to receive the Special Relief Fund payments of $300 per vehicle per month until end-Sep 2020
  • One-year road tax rebate and six-month waiver of parking charges at government-managed parking facilities for private bus owners

$55 million support package for the arts and culture sector.

Solidarity Budget [Announced 6 Apr 2020]
Businesses will receive additional help with labour and rental costs, as well as financing support during this circuit breaker period.

Help with labour costs

To help businesses retain their workers in the coming weeks when many firms may not be able to operate or can only at a much reduced level, and for business to be up and running quickly after the circuit breaker is lifted, the Jobs Support Scheme (JSS) will be enhanced. The wage subsidy for all firms will be raise to 75% of gross monthly wages for the $4,600 of wages paid in Apr 2020, for all local employees. This is up from 25% of the first $4,600 of gross monthly wages for all local employees previously.

This wage subsidy applies to every one of over 1.9 million local employees. The first JSS payout will be brought forward from May to April 2020.

In addition, help will be given to ease labour costs of employers who have hired foreign workers, to help them take care of these workers during this circuit breaker period. There will be a waiver of monthly foreign work levy due in Apr 2020, as well as a foreign worker levy rebate of $750 for each Work Permit or S-Pass holder, based on previous levies paid in 2020.

Help with rental costs

The Ministry of Law will introduce a bill to let businesses and individuals defer certain contractual obligations, such as paying rent, repaying loans, or completing work, for a period. This bill will also ensure that property owners pass on the property tax rebate in full, to tenants to ease their rental costs.

The government will increase rental waiver for industrial, office and agricultural tenants of government agencies to 1 months, up from 0.5 month’s rental waiver previously announced.

Enhanced financing support

Further enhancements to financing support for enterprises will be made so businesses can continue to have access to credit, despite uncertainties.

Government’s risk share of loans made under the Temporary Bridging Loan Programme, Enterprise Financing Scheme (EFS) – Working Capital Loan and EFS – Trade Loan will be increased from 80% to 90% for loans initiated from 8 Apr 2020 till 31 Mar 2021.

To help SMEs with temporary cash flow difficulties, the Monetary Authority of Singapore (MAS), together with the financial institutions introduced a package of measures.

Details here.

Help for self-employed persons

To provide direct cash assistance for self-employed persons the Self-employed person Income Relief Scheme (SIRS) will also be enhanced. Details here.

For more on Budget 2020, visit www.singaporebudget.gov.sg.

View the Budget booklets here

Source :  https://www.gov.sg/article/solidarity-budget-2020-further-support-for-businesses-through-the-circuit-breaker-period

Criteria to Strike Off a Company

STRIKING OFF A COMPANY

According to ACRA an application can be made to have a Company Name strike off  from the Register of Companies. ACRA may approve the application if it has reasonable cause to believe that the company is not carrying on business and the company is able to satisfy the following criteria for striking off.

  1. The company has not commenced business since incorporation or has ceased trading.
  2. The company has no outstanding debts owed to Inland Revenue Authority of Singapore (IRAS), Central Provident Fund (CPF) Board and any other government agency.
  3. There are no outstanding charges in the charge register.
  4. The company is not involved in any legal proceedings (within or outside Singapore).
  5. The company is not subject to any ongoing or pending regulatory action or disciplinary proceeding.
  6. The company has no existing assets and liabilities as at the date of application and no contingent asset and liabilities that may arise in the future.
  7. All/majority of the director(s) authorise you, as the applicant, to submit the application for striking off on behalf of the company.

There are many steps to take as per the above points before one can submit the application to ACRA for Strike Off.

The Company’s Act rules and the Income Tax Act regulations must be followed in the process of closing down a Company.

 

 

If you are thinking of Closing Down Your Company, get a Free Quotation

Call us on 9133 3633 or

email to angels@angelsbusiness.sg