Title

The Great Divide: Considering Section 157a of the Singapore Companies Act

Publication Type

Journal Article

Publication Date

2004

Abstract

The manner in which the powers of a company are carved out to be exercised by either the general meeting of shareholders or its board of directors is often a matter of interpretation of the constitution of the company. This approach retains a fair amount of flexibility in the differing models of power allocation that may be adopted by incorporators, but once carved out, the power allocation usually remains sacrosanct until such time as the constitution is validly altered. This was the position in Singapore before 2003. In 2003, the Companies Act of Singapore was amended to include s 157A, a section which appears to statutorily allocate the powers in a company. This article queries whether this was intended and, if so, what the consequences might be.

Discipline

Asian Studies | Business Organizations Law

Research Areas

Commercial Law

Publication

Australian Journal of Asian Law

Volume

6

Issue

3

First Page

1

Last Page

22

ISSN

1443-0738

Publisher

University of Melbourne Law School

Additional URL

http://www.law.unimelb.edu.au/ajal/journal-contents/browse-the-journal/journal-details?Articles.ID=94