Singapore legislation
Section 56
Section 56
Corporate offenders and unincorporated associations
(1)
Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of the body corporate, the officer as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(2)
Where the affairs of the 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)
Proceedings for an offence alleged to have been committed under this Act by an unincorporated association must be brought against the association in its own name (and not in that of any of its members) and, for the purposes of these proceedings, any rules of court relating to service of documents have effect as if the association were a corporation.
(4)
Where an offence under this Act committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, the partner as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(5)
Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of the association or a member of its governing body, the officer or member as well as the association shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(6)
Without limiting section 66, the Authority may make regulations to provide for the application of any provision of this section, with such modifications as the Authority considers appropriate, to a body corporate or an unincorporated association formed or recognised under the law of a country or territory outside Singapore.
(7)
In this section —
Definition
“officer” —
in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity; or
in relation to an unincorporated association (other than a partnership), means the president, the secretary and members of the committee of the unincorporated association and includes persons holding positions analogous to those of president, secretary or member of such a committee;
Definition
“partner” includes a person purporting to act as a partner.