Singapore legislation
Section 25E
Section 25E
Prescribed infringements by bodies corporate, etc.
(1)
Where a prescribed infringement committed by a body corporate is proved —
to have been committed with the consent or connivance of an officer of the body corporate; or
to be attributable to any neglect on the officer’s part,the officer as well as the body corporate shall be treated as having committed the prescribed infringement and dealt with accordingly.
(2)
Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.
(3)
Where a prescribed infringement committed by a partnership is proved —
to have been committed with the consent or connivance of a partner; or
to be attributable to any neglect on the partner’s part,the partner as well as the partnership shall be treated as having committed the prescribed infringement and dealt with accordingly.
(4)
Where a prescribed infringement committed by an unincorporated association (other than a partnership) is proved —
to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or
to be attributable to any neglect on the part of such officer or member,the officer or member as well as the unincorporated association shall be treated as having committed the prescribed infringement and dealt with accordingly.
(5)
For the purposes of this section, where a prescribed infringement has been committed by a body corporate, an unincorporated association (other than a partnership) or a partnership, it is presumed, until the contrary is proved, that the prescribed infringement is attributable to the neglect of an officer or a member of the body corporate or unincorporated association or a partner of the partnership (as the case may be) who —
is primarily responsible for the act or omission which constitutes the prescribed infringement; and
has failed to exercise reasonable supervision or oversight as such officer, member or partner.
(6)
In this section —
Definition
“officer” —
in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or
in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in any such capacity;
Definition
“partner” includes a person purporting to act as a partner.
(7)
The Minister may make regulations to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.