Singapore legislation
Section 43
Section 43
Appointment of chief executive officer, director, etc., of designated telecommunication licensee
(1)
A designated telecommunication licensee must not appoint a person as its chief executive officer, its director or the chairperson of its board of directors, unless it has obtained the approval of the Authority to do so.
(2)
The Authority may —
grant its approval, without or with conditions, such conditions limited to either or both of the following:
specifying the period of appointment for which the approval is granted, including any requirement for the designated telecommunication licensee to seek approval for re‑appointment;
specifying the actions to be taken by the designated telecommunication licensee or the person appointed; and
at any time add to, vary or revoke any condition of the approval under paragraph (a), subject to the limitation in that paragraph.
(3)
Where a designated telecommunication licensee appoints a person as its chief executive officer, its director or the chairperson of its board of directors without the approval of the Authority, in contravention of subsection (1), or the designated telecommunication licensee or the person appointed is in contravention of any of the conditions imposed under subsection (2), the Authority may issue a direction to the licensee to remove that person from his or her appointment as chief executive officer, director or chairperson of the board of directors (as the case may be) of the licensee.
(4)
The Authority may at any time vary, suspend or revoke any direction issued under subsection (3).
(5)
This section has effect despite the provisions of any other written law and the provisions of the memorandum or articles of association, or other constitution, of the designated telecommunication licensee.
(6)
In this section —
Definition
“chief executive officer”, in relation to a designated telecommunication licensee —
means any person, by whatever name described, who —
is in the direct employment of, or acting for or by arrangement with, the designated telecommunication licensee; and
is principally responsible for the management and conduct of any type of business of the designated telecommunication licensee in Singapore; and
includes any person for the time being performing all or any of the functions or duties of a chief executive officer;
Definition
“director” has the meaning given by section 4(1) of the Companies Act 1967.[32F