Companies Act · 2021 Revised Edition · Part · Restrictions on Sale of Shares and Offers of Shares for Sale
Section 310H
Official textFrom Attorney General's Chambers, unchanged
If a company or foreign company knows or has reasonable grounds to believe that a relevant change has occurred in the particulars of a registrable controller that are stated in the company's or foreign company's register of controllers, the company or foreign company shall give notice to the registrable controller -
to confirm whether or not the change has occurred; and
if the change has occurred -
to state the date of the change; and
to provide the particulars of the change.
A company or foreign company shall give the notice mentioned in subsection (1) within such period as may be prescribed after it first knows of the change or first has reasonable grounds to believe that the change has occurred.
foreign company
"foreign company" means any company incorporated outside Brunei Darussalam which has established a place of business in Brunei Darussalam under Part 9;
Section 310G(3)(a) and (7J) applies to a notice under this section as it applies to a notice under that section.
Subsection (1) does not require a company or foreign company to give notice to any person in respect of any information that was previously provided by that person or by his agent authorised in writing.
If a company or foreign company fails to comply with subsection (1) or (2), or section 310G(3)(a) and (7J)
as applied by subsection (3), the company or foreign company, and every officer of the company or foreign company who is in default, shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $5,000.
officer
"officer", in relation to a corporation, includes - (a) any director or secretary of the corporation or a person employed in an executive capacity by the corporation; @) a receiver and manager of any part of the undertaking of the corporation appointed under a power contained in any instrument; and (c) any liquidator of a company appointed in a voluntary winding up, but does not include - (i) any receiver who is not also a manager; (ii) any receiver and manager appointed by the Court; (iii) any liquidator appointed by the Court or by the creditors; and (iv) an Executive Manager appointed by the Minister under section 230(1) of the Insolvency Order, 2016 (S 112016);
An addressee of a notice under subsection (1) who fails to comply with the notice within the time specified in the notice for compliance is guilty of an offence and liable on conviction to a fine not exceeding
$5,000.
Companies
CAP. 39 235
For the purposes of this section, a relevant change occurs if -
a person ceases to be a registrable controller in relation to the company or foreign company, as the case may be; or
any other change occurs as a result of which the particulars of the registrable controller in the company's or foreign company's register of controllers are incorrect or incomplete.
Duty of company and foreign company to correct information [S 37/2020]
Terms defined in this Act
foreign company
Defined · s 2"foreign company" means any company incorporated outside Brunei Darussalam which has established a place of business in Brunei Darussalam under Part 9;
officer
Defined · s 2"officer", in relation to a corporation, includes - (a) any director or secretary of the corporation or a person employed in an executive capacity by the corporation; @) a receiver and manager of any part of the undertaking of the corporation appointed under a power contained in any instrument; and (c) any liquidator of a company appointed in a voluntary winding up, but does not include - (i) any receiver who is not also a manager; (ii) any receiver and manager appointed by the Court; (iii) any liquidator appointed by the Court or by the creditors; and (iv) an Executive Manager appointed by the Minister under section 230(1) of the Insolvency Order, 2016 (S 112016);
Part
Prohibition of Partnerships with More Than Twenty Members
Part