Your first court mention for an ACRA summons is a short hearing at the State Courts, 1 Havelock Square, where the charge is read to you and you tell the court how you intend to proceed. You can plead guilty and usually be sentenced that day, claim trial, or ask for an adjournment for a valid reason, such as getting legal advice or completing overdue filings. A director charged personally must attend. A charged company attends through a director or a representative with a Letter of Authorisation. If ACRA offers composition after issuing the summons, that option may also be raised.
This guide walks a director or company representative through the day itself: what to bring, where to go, what is said in court and how to leave with the matter resolved or properly adjourned.
Before the day: what should you do?
Most of the work happens before you reach the court. In the week before the mention:
- Read the summons carefully. Note the court, date and time, the name of the accused and each charge. ACRA states on the summons which court the representative or director must attend.
- File what is overdue. If the charge is for a missed AGM, annual return or financial statements, bring the company up to date now. Proof of compliance is the single most useful thing you can bring.
- Decide your plea. If the company is the accused, record the board’s decision in a resolution. See our guide to the Letter of Authorisation and board resolution.
- Check whether composition is available. ACRA says it may offer composition even after a summons has been issued. Our guide on paying composition after an ACRA summons explains how that works.
- Consider whether you need a lawyer. If you dispute the charge, get advice before the mention. See do you need a lawyer for an ACRA court case.
- Check the hearing list. The Singapore Courts publish a hearing list where you can confirm your case and courtroom.
What to bring
| Document | Who needs it |
|---|---|
| The summons, or the latest mention slip | Everyone |
| Photo identification: NRIC, FIN card, work pass card or passport | Everyone |
| Letter of Authorisation on company letterhead | A person attending for a charged company |
| ACRA filing receipts and a current business profile | Anyone charged with a filing offence |
| A short written mitigation note | Anyone intending to plead guilty |
| A means of payment for the fine | Anyone intending to plead guilty |
The Singapore Courts’ page on attending a mention lists the summons or mention slip and photo identification as essentials. Dress as you would for a formal business meeting. Caps and sunglasses should not be worn in court.
Where do ACRA cases go?
The State Courts hear regulatory offences, which include ACRA’s Companies Act prosecutions. The Singapore Courts explain that regulatory offences without a composition offer, or where the offer has expired, are heard in the Night Courts or Traffic Court. The State Courts directory lists the Mentions Courts and Night Courts on Level 4 and further Mentions Courts on Level 7. Your summons states the exact court and time, and that is the instruction to follow.
For Night Court cases, register at the kiosk outside the Night Courts with your photo ID before going in. Arrive early. Security screening and queues at the lifts take time, and the list is called in order.
Inside the courtroom: what happens?
- Check in. Tell the court officer you are present. Show your ID and, if you represent a company, the Letter of Authorisation.
- Wait for your case. Each case is called by name or case number. Several other cases will be heard before yours.
- Step forward. When called, go to the place the court officer indicates. You may be asked which language you prefer. An interpreter can be arranged if you are not comfortable in English.
- The charge is read. The court reads and explains the charge. If you are representing a company, the charge is read to you on the company’s behalf.
- You state your position. You will be asked whether you plead guilty or claim trial, or you may ask for an adjournment.
- The prosecutor responds. ACRA’s prosecutor may agree to an adjournment, state the facts if you plead guilty, or mention composition if it is being offered.
- The court decides. You leave with a sentence, a new mention date, or a pre-trial date.
Your options at the mention
Option 1: plead guilty
If you accept that the offence was committed, you can plead guilty. Under section 227 of the Criminal Procedure Code 2010, the court must be satisfied that an unrepresented accused understands the nature and consequences of the plea and intends to admit the offence without qualification. The prosecution reads a statement of facts and may address the court on sentence. You then mitigate. Our guide to pleading guilty to an ACRA charge covers this in detail.
Option 2: claim trial
If you dispute the charge, for example because you were not a director at the relevant time, you can claim trial. The case then moves to pre-trial conferences and a trial date. See claiming trial on an ACRA charge.
Option 3: ask for an adjournment
The Singapore Courts recognise valid reasons for postponing your plea, including appointing a lawyer, making representations to the prosecution, and raising money to pay a fine. For an ACRA filing charge, completing the overdue filings is a common reason. Ask for a specific period and explain what you will do in that time.
Option 4: composition, if offered
ACRA has said it may offer composition after a summons has been issued. If the prosecutor offers it and it is paid, ACRA takes no further action on that charge. Do not assume it will be offered. Ask before or at the mention.
What to say if you are pleading guilty for a filing offence
Keep it short, factual and supported by documents. A typical mitigation for a late annual return covers:
- That the company has now filed everything that was overdue, with the dates.
- Why the default happened, without blaming ACRA or making excuses you cannot support.
- What has changed to prevent a repeat, such as appointing a company secretary or an annual compliance calendar.
- Any relevant circumstances, such as the company being dormant or a first offence.
Do not say anything that contradicts the statement of facts. If your mitigation amounts to denying the offence, the court must reject the guilty plea. Our guide to writing a mitigation plea for a Companies Act offence gives a full structure.
After the hearing
- If fined: the court will tell you when to pay. The Singapore Courts say fines are usually paid immediately, often the same day, or by the due date the court sets. If you need time or instalments, ask at the sentencing hearing. Payment terminals are available in the State Courts building.
- If adjourned: you receive a new mention slip. Note the date and do what you told the court you would do.
- If you claimed trial: you will be given a pre-trial date. Instruct a lawyer if you have not already done so.
For what a conviction means beyond the fine, including director disqualification, see what happens after an ACRA conviction.
Example
This example is hypothetical. A director of a small consultancy received summonses for himself and his company for failing to file the company’s annual return. He filed the return the week before, prepared a one-page mitigation note, and had his co-director sign a Letter of Authorisation so he could also represent the company. At the mention he pleaded guilty for himself and, as representative, for the company. He explained the company had changed corporate secretarial providers and the filing had been missed in the handover, and produced the filing receipt. Both were fined and he paid at the State Courts the same evening.
Frequently asked questions
How long will I be at court?
Mention courts deal with many cases in one session. Allow several hours and do not schedule anything immediately after.
Can I bring someone with me?
Yes. Court hearings are generally open to the public, so a colleague or adviser may sit in the gallery. Only the accused, the company’s appointed representative or a lawyer can address the court.
I cannot make the date. What now?
Apply to change the date before the hearing, not after. Our guide on postponing an ACRA court date explains how.
What if I am late?
Tell the court officer as soon as you arrive. If your case has already been called and you were absent, the court may have adjourned it or taken other steps. Ask the court officer what has happened before you leave.
Start with the full picture
For an overview of every stage, from the first ACRA reminder to life after a conviction, read our complete guide to ACRA court summonses.
Need help preparing for an ACRA court mention?
If your company, or you as a director or shareholder, has an ACRA court mention coming up, contact the Raffles Corporate Services team at [email protected] or on WhatsApp at +65 8501 7133 or +65 9018 0072. We will help you understand the documents and deadlines, file what is overdue and prepare the company’s paperwork. Where your matter needs a lawyer, we will refer you to a firm on our panel of Singapore law firms that regularly handles regulatory prosecutions and Companies Act offences. Raffles Corporate Services is a corporate services provider, not a law firm, and this article is general information, not legal advice.
Willie Tan, Raffles Corporate Services