Singapore legislation

Section 17

of Accountants Act 2004

Section 17

Approval of accounting corporations

Amended by11/2006

(1)

A public accountant who wishes to have a company or proposed company approved as an accounting corporation may apply to the Oversight Committee for approval of —

(a)

the company as an accounting corporation; and

(b)

the name or proposed name of the accounting corporation.

(2)

An application under subsection (1) must be made in accordance with the prescribed requirements and must be accompanied by the prescribed fee.

(3)

Subject to subsection (4) and any other provisions of this Act, the Oversight Committee may, on receiving an application made under this section, approve the company or proposed company concerned as an accounting corporation if and only if —

(a)

one of the primary objects of the company or proposed company is to provide public accountancy services;

(b)

the share capital of the company or proposed company that is paid up or to be paid up is at least $50,000 or any other sum that may be prescribed;

(c)

the articles of association of the company or proposed company provide that —

(i)

at least two-thirds, or any other proportion that may be prescribed, of the directors (including the chairperson) must be public accountants, or —

(A)

if the company or proposed company has only one director, that that director must be a public accountant; or

(B)

if the company or proposed company has only 2 directors, that one of those directors must be a public accountant;

(ii)

at least two‑thirds, or any other proportion that may be prescribed, of the voting shares of the company or proposed company must be owned by corporate practitioners; and

(iii)

only individuals may own any shares of the company or proposed company;

(d)

the business of the company or proposed company, so far as it relates to the provision of public accountancy services in Singapore, will be under the control and management of one or more directors of the company who are public accountants ordinarily resident in Singapore; and

(e)

the company or proposed company is or will be covered by professional indemnity insurance in accordance with section 28 and the prescribed requirements.

Amended by11/2006

(4)

If the Oversight Committee grants its approval for a proposed company to be an accounting corporation, the approval is not to take effect until the company is formed and registered under the Companies Act 1967.