The Companies Act is the primary legislation that governs the incorporation, administration, director's duties, shareholder rights, and winding up of all companies in a specific jurisdiction (e.g., Singapore's Companies Act 1967, Malaysia's Companies Act 2016). It is the foundational rulebook for corporate conduct and governance.
Adherence to the Companies Act is mandatory for all incorporated companies. It dictates how your business must operate legally, from holding an Annual General Meeting (AGM) to maintaining statutory records and defining the fiduciary duties of directors. Compliance ensures good corporate governance and protects the company and its stakeholders from legal risks.
Non-compliance can lead to fines for the company and its directors, default penalties, and in serious cases, prosecution or having the company struck off the register by ACRA.
No, it primarily applies to incorporated companies like Private Limited Companies. Other structures like Sole Proprietorships and Partnerships are governed by different legislation.
The respective national regulator enforces the Act. In Singapore, it's ACRA.