Review of Companies Act

On September 30, 2011, ACGA submitted a response to a Ministry of Finance consultation paper on the Report of the Steering Committee for Review of the Companies Act.

ACGA analysed and made recommendations on selected issues, including:

  • The disclosure requirements under sections 156 and 165 should be extended to the Chief Executive Officer of a company;
  • To allow for multiple proxies to be appointed to AGMs;
  • To allow the multiple proxies to vote on a show of hands at shareholders' meetings;
  • To amend the timeline for the filling of proxies from 48 hours prior to the shareholders' meeting to 72 hours to the shareholders' meeting;
  • Liberalise rules on electronic transmission of notices and documents; and
  • Companies should be allowed to issue non-voting shares and shares with multiple votes.

While we supported most of these proposals, we did suggest amendments to some, and strongly opposed allowing companies to issue non-voting shares and shares with multiple votes.