Some things just never die. And Data Register Pte Ltd is one of them.

More than two years after being fined S$200,000 for breaching the Companies Act, it is back to its old ways of asking companies in Singapore to pay S$490 for supposedly using its services.

What happened previously

Back in 2014, Data Register was known as Singapore Company Register or Company Register Pte Ltd.

It was reported then that this company sent emails and letters that looked like officious documents by the authorities to unwitting business owners demanding payment.

Local businesses that inadvertently signed up to be part of its database were then asked a few months later to pay a "subscription fee" of S$490 for using the services.

According to BizFile, Singapore Company Register, Company Register and Data Register share the same Unique Entity Number (UEN) -- which means they are the same entity, but with different names.

Charged and fined

After the Accounting and Corporate Regulatory Authority (Acra) brought multiple charges against Data Register in January 2014, the company was eventually slapped with a S$200,000 fine in June 2016.

Data Register pleaded guilty to 500 charges under the Companies Act, with another 604 taken into consideration during sentencing.

This was after it failed to comply with the requirement to state a company’s name and registration number in business correspondences, mandated under section 144 of the Companies Act.

Data Register's actions resulted in mass confusion for thousands of Singapore businesses that initially mistook the company to be part of the authorities, with many abiding by paying up the amount demanded.

The court heard that even after ACRA had begun investigations, Data Register continued to send out letters in 2014 to solicit new subscriptions and demand payment from existing subscribers.

As a result, the large number of public queries caused ACRA to spend nearly S$60,000 engaging external vendors to attend to queries concerning Data Register.

This affected ACRA’s public reputation and standing, as Data Register’s letters "gave rise to a reasonable inference" that they were issued by ACRA.

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Returns in 2018

Two years after the massive S$200,000 fine, Data Register is back.

One sole proprietor business owner, Olivia Kwok, has come forward with her problems with Data Register in 2018.

Based in both Singapore and Germany, Kwok is registered with Acra, a stat board under the Ministry of Finance, as a legitimate business.

The first time Kwok encountered Singapore Company Register was back in November 2013, after she received a letter and an email from them.

"The (letter with) red and white design complete with the lion head logo and clean lines misled me to think it was an official Acra-relevant document to go online, 'sign in' with my Acra registration number and leave details," Kwok said.

"It was also worded in a way that one would think that your business details will be deleted without this 'update' of company information."

Kwok logged in with her Acra business registration number and updated her details.

She added: "Nowhere in sight was information of this website being a 'service' unrelated to Acra, and that the 'service' comes with an annual fee."

Subsequently, in January 2014, Kwok received her first "invoice" from Singapore Company Register requesting payment.

She then received multiple letters and emails, including from debt collectors, but she refused to pay up.

They stopped in 2015, presumably as a result of action taken by Acra to bring Data Register to court.

Latest letter

Now, Kwok has received yet another letter from Data Register in July 2018.

This is the latest letter:

In case you can't see it, the first part of the text reads:

"Your company registered in 2013 online on [website] for our services (searchable business directory) that are payable. The annual subscription fee is 490 SGD that is automatically renewed at the start of every calendar year as per the Terms & Conditions that you agreed to upon registering with us -- up until you terminate it in written [sic]. Today your outstanding due balance is 2940 SGD including GST."

The letter then offered a "waiver":

"Now -- as a gesture of goodwill from our part -- we are willing to waive off 2450 SGD providing you pay 490 SGD within 30 days from the date of this letter. If you want to close this case for good and get rid of your subscription once and forever then this is the right time. If you fail to pay your heavily discounted debt within the grace period given, your FULL outstanding balance will be payable. So don't miss our unique offer limited to 30 days -- 17 August, 2018!"

The letter also mentioned that cheques should be made payable to an entity called Singapore Data Register Pte Ltd.

While this company has a different UEN, it has the exact same company address, according to BizFile.

No agreement

According to Kwok, she isn't paying a cent.

She has emailed Acra on the matter, but received a reply stating that Acra will not be taking any "further action" against Data Register under the Companies Act in relation to the matter.

Kwok said that she does not want to pay any money to the company, and is considering legal action.

Regarding her experience, she said:

"This is not fair, and definitely not right."

Mothership has reached out to ACRA for comment.

What can businesses do?

The latest round of payment demands by Data Register appears to have started again some time in March 2018.

Judging by the scope of its operations and the modus operandi, thousands of businesses in Singapore are affected.

Business owners have been discussing their options and one suggested method is to just not pay up or give in to any demands.

Businesses that have approached the authorities have been told to settle the issue by taking legal action, which is to employ one's own lawyer.

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Top image adapted from pic via Olivia Kwok