Companies are required to take reasonable steps to identify their controllers and gather information on the controllers by sending out notices to the following:
- Anyone that they have reasonable grounds to believe to be controllers
- Anyone who knows the identity of the controllers or is highly likely to possess that knowledge
All notices must be sent and received electronically or in hard copy. The records are classified and will not be available to the public. The information contained in the register can only be used by public agencies for enforcing the law under their knowledge.
(The notices can be sent out by your company secretary as well. Find out more here.)
If the recipient of a notice does not reply, the company does not have to worry about a reply and must enter into its register the particulars of the recipient that it has in its possession with a note that particulars have not been confirmed by the controllers.
Take note: The register must be updated within 2 business days from the date the replies to the notice is received or after the end of 30 days from which the notice was sent to the controller.
To avoid duplication, companies are allowed to stop the tracing of the controllers once it reaches a locally incorporated/registered company or limited liability that will also be maintaining registers in their registered offices.
The register of controllers should be maintained at either 2 places – the company’s registered office or the registered filing agent’s registered office. It is also important to know that the registers of controllers have to be made available to the Registrar and public agencies (including CAD, CPIB and IRAS) administering any written law upon their request.