Singapore Company Act l Requirements for companies to hold AGM and File Annual Return
The holding of AGM and filing of AR are important statutory requirements. The AGM provides a forum for shareholders to be informed of the financial position of the company, and to engage the directors of the company on the matter. Filing annual returns on time enable timely public disclosure of key information such as the health and status of the company.
Requirements for companies to hold AGM and file Annual Return
❐ Companies with FYE ending on or after 31 Aug 2018
[Annual General Meeting (AGM) – s175]
For listed companies: Hold AGM within 4 months after FYE
For any other company (unless exempted): Hold AGM within 6 months after FYE
Subject to specified safeguards, private companies need not hold an AGM: a) if all members have approved a resolution to dispense with the holding of AGMs; b) if they send their financial statements to members within 5 months after the FYE; or c) if the company is a private dormant relevant company that is exempt from preparing financial statements.
[Laying of Financial Statements –s201]
Must lay the financial statements for the financial year at the AGM held within the timeframe for holding the AGM for that financial year i.e. within 4 months of the FYE (for listed company) or 6 months of the FYE (for any other company).
[Filing Annual Return – s197]
For companies having a share capital and keeping a branch register outside Singapore: • File annual returns within 6 months (if listed) or 8 months (if not listed) after FYE
For other companies:
• File annual returns within 5 months (if listed) or 7 months (if not listed) after FYE
Annual return can be filed only:
• after an AGM has been held;
• after financial statements are sent if company need not hold AGM; or
• after FYE for private dormant relevant company that is exempted from preparing financial statements