Missed your ACRA court date? If you are a director, ACRA states that a warrant of arrest will be issued. Section 120 of the Criminal Procedure Code 2010 allows the court to issue a warrant when an accused fails to appear after proper service without reasonable excuse. A warrant does not go away with time. The person can be arrested and brought before the court. If a company misses its date, the court may hear the case in the company’s absence, and the company cannot later apply to have that hearing set aside on the ground that it was absent. In either case, act the same day: contact a lawyer or the State Courts, file what is overdue, and arrange to come before the court voluntarily.
This guide explains what happens after a missed date and the steps that usually put things right.
What happens when a director does not turn up?
When an accused who has been properly served fails to appear, the court can issue a warrant of arrest under section 120 of the Criminal Procedure Code 2010. ACRA’s guidance on penalties for not holding an AGM is blunt: if a director fails to attend court, a warrant of arrest will be issued.
A warrant authorises the police to arrest the person and bring him or her before the court. It stays in force until the court cancels it. It can be executed whenever the person comes to the attention of the authorities. A foreign director who returns to Singapore with a warrant outstanding is exposed to arrest.
Section 156 also allows the court, in some circumstances, to hear the case in the accused’s absence. The court must be satisfied that the summons was served a reasonable time before the hearing, that the accused was told the court might proceed in his or her absence, and that there is no reason to adjourn. An individual convicted in absence may apply under section 156 to have the proceedings set aside if he or she did not know about the hearing or had a good reason for not attending.
What happens when nobody attends for a company?
A company cannot be arrested. Under section 117(3) of the Criminal Procedure Code, proceedings against a company are not invalid merely because it did not appear. Under section 156 the court may hear and decide the case in the company’s absence if the conditions are met. Section 156(4) states that a company which failed to appear, or whose representative was not properly appointed, cannot apply to have proceedings in its absence declared void.
In practice, the company may be convicted and fined without having explained itself, filed the overdue documents or asked for composition. A conviction in absence still counts against the company. Separately, directors charged with the same default may face warrants if they did not attend their own cases.
What to do now: a step-by-step plan
- Find out the status. Check the case on the Singapore Courts’ ICMS using Singpass, or contact the State Courts with the case number. Find out whether a warrant was issued, whether the case was adjourned, or whether the company was dealt with in absence.
- Speak to a lawyer the same day if a warrant has been issued. A lawyer can contact the court and the prosecution and arrange for you to attend court voluntarily so the court can deal with the warrant. Turning up voluntarily is usually much better than being arrested.
- Gather your reasons and evidence. An original medical certificate stating you were unfit to attend court, evidence of a family emergency, or proof that the summons never reached you.
- File the overdue documents. This shows good faith and is the most persuasive mitigation in a filing case.
- Contact ACRA’s prosecution team. Explain the missed date and ask whether composition is still available. See composition after an ACRA summons.
- Attend the next date without fail. Bring photo ID, the summons, and for a company, a Letter of Authorisation.
“I never received the summons”
ACRA sends summonses by registered mail to the registered office or the director’s residential address. Section 407 of the Companies Act 1967 also allows other forms of service. If the registered office address on ACRA’s records is out of date, or a former corporate secretarial provider did not forward mail, the summons may never have reached you, but service may still be treated as valid.
Explain this to the court promptly with evidence, such as proof you moved or that your service agreement had ended. Then correct the company’s registered office and your residential address with ACRA immediately. Our guide on taking back records from an unresponsive company secretary may help if a former provider is holding your mail.
How the court is likely to view the absence
| Situation | Likely approach |
|---|---|
| Genuine illness with a proper MC | Usually accepted as a reasonable excuse |
| Summons not received because of an outdated address | May be understood, but expect questions on why records were not kept current |
| Forgot the date | Weak excuse; attend promptly and apologise |
| Deliberately stayed away | Treated seriously, and may affect sentence |
| Overseas and unable to return | Should have applied to change the date; act through a lawyer now |
Example
This example is hypothetical. A director had moved house and not updated her residential address with ACRA. The summonses for her and her company went to the old address. She learned about the missed hearing from a bank compliance check. Her lawyer confirmed a warrant had been issued and arranged for her to attend court. Before the hearing she filed the overdue annual return through a new company secretary and updated both the registered office and her residential address. The court cancelled the warrant once she appeared, and she pleaded guilty at the next mention.
How to avoid this happening
- Keep the registered office and every director’s residential address current with ACRA.
- Make sure whoever receives mail at the registered office forwards legal documents the same day.
- If you cannot attend, apply to change the date before the hearing. See postponing an ACRA court date.
- For a company charge, appoint a back-up representative. See whether the company secretary can attend for the company.
Frequently asked questions
Will I be arrested at the airport?
A warrant can be executed whenever the person comes to the authorities’ attention, so it is not safe to assume you can pass through Singapore unnoticed. Resolve the warrant through a lawyer before travelling.
Does missing the date make the fine higher?
The fine is for the offence, but the court can take your conduct into account. A prompt, voluntary return with the default fixed limits the damage.
Can I just pay the fine?
Not unless the court has sentenced you. If the case is still pending, you need to come before the court. If ACRA offers composition, paying it ends the matter for that charge.
The full series
For every stage of an ACRA prosecution, see our complete guide to ACRA court summonses.
Missed an ACRA court date?
If your company, or you as a director or shareholder, has missed an ACRA court date or found out about a summons too late, 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 and bring the company’s filings and addresses up to date. 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 warrants of arrest. 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