Abstract:
This case note considers the requirement that a complainant seeking leave under statute to commence a derivative action on behalf of the company give 14 days’ prior notice to the directors of the company. The governing statutory provisions do not spell out what is required in such a notice. What, therefore, is required to be included in such a notice? This is to be answered by considering the rationale behind such notice. Two recent High Court decisions touching upon the requirement will be examined to consider the present state of the law and where we stand today in relation to the notice requirement in Singapore.