Companies are required to:

1. keep a register of its nominee shareholders containing the particulars of the nominators of the company’s nominee shareholders
2. ensure that information in the register of nominee shareholders is updated within 7 days after being informed of any change and
3. produce this register and any related document to the Registrar, an officer or a public agency, upon request

Nominee shareholders are required to inform their respective companies of the fact that they are nominee shareholders and to provide the prescribed particulars of their nominators to their companies within the applicable timelines.

Obligations of nominee shareholders

Shareholders who are nominees should, within the applicable timelines, inform their respective companies of that fact and provide the particulars of their nominators. In addition, nominee shareholders must inform their companies when they cease to be a nominee and of any change to the nominator’s particulars provided to the company.

Particulars of nominator

Nominee shareholders must provide the following particulars of their nominators to their respective companies:

For nominators who are individuals

1. full name;
2. aliases, if any;
3. residential address;
4. nationality;
5. identity card number or passport number;
6. date of birth; and
7. date on which the shareholder became the individual’s nominee.

For nominators which are legal entities

1. name;
2. unique entity number issued by the Registrar, if any;
3. address of registered office;
4. legal form of the legal entity;
5. jurisdiction where, and statute under which, the legal entity is formed or incorporated;
6. name of corporate entity register of the jurisdiction where the legal entity is formed or incorporated, if applicable;
7. identification number or registration number of the legal entity on the corporate entity register of the jurisdiction where the legal entity is formed or incorporated, if applicable; and
8. date on which the shareholder became the legal entity’s nominee.

MAINTAINING A REGISTER OF NOMINEE SHAREHOLDERS

General

Companies are required to each maintain a register of nominee shareholders. Companies should enter into their registers, information received from their nominee shareholders (including any updates) within 7 days after receiving the information. Companies are strongly encouraged to document the receipt of information from their nominee shareholders.

Location of register

Companies may keep their registers of nominee shareholders at (i) their registered offices or (ii) the registered offices of any registered filing agent appointed by the company for the purpose of keeping the register of nominee shareholders.

If a company appoints a registered filing agent to help the company keep its register of nominee shareholders and the registered filing agent subsequently resigns, the registered filing agent should hand over the register to the company, who may appoint another registered filing agent for the purpose of keeping the register.

Form of register

Companies may keep their register electronically or in hardcopy format. Companies are required to comply with the form of the register as prescribed in the Regulations.. The exact formatting of the register may vary from Annex A, as long as the form as prescribed in the Regulations is complied with.

Companies without nominee shareholders

If a company has not received any information from its nominee shareholders, the company may enter the following statement in their register

PRIVACY AND ACCESS TO REGISTERS OF NOMINEE SHAREHOLDERS

Registers of nominee shareholders is not to be made public Companies must not disclose or make available for inspection the register or any particulars contained in the register to any member of the public. Auditors are also not entitled to have access to the register.

For example, if a member of the public or a member of a company approaches the company and requests for access to the company’s register of nominee shareholders and the information contained therein, the company must decline the request and not provide such access.

Registers of nominee shareholders must be made available to the Registrar and public agencies.

Companies must make available their registers of nominee shareholders, the information contained in the registers, and any document relating to the registers and the keeping of the Registers (“supporting documents”).

TEMPLATE FOR REGISTER OF NOMINEE SHAREHOLDERS

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