Singapore legislation

Section 59

of Accountants Act 2004

Section 59

Restrictions on employing disqualified persons

Amended by11/200611/200611/200611/200611/2006

(1)

A public accountant must not in connection with his or her practice as such, and an accounting corporation, accounting firm or accounting LLP must not in connection with its business of providing public accountancy services, without the consent of the Oversight Committee, employ or remunerate any person who to his or her or its knowledge —

(a)

is an undischarged bankrupt;

(b)

has had his or her registration as a public accountant suspended or cancelled under Part 5 or 6; or

(c)

has been convicted of an offence by a court of law and sentenced to imprisonment for a term of not less than 12 months or to a fine of not less than $5,000.

Amended by11/2006

(2)

On application made by any person, the Oversight Committee may make an order directing that, as from the date to be specified in the order, a public accountant must not in connection with his or her practice as such, or an accounting corporation, accounting firm or accounting LLP must not in connection with its provision of public accountancy services, (as the case may be) employ or remunerate any person, the subject of the application, who —

(a)

has been a party to any act or default of a public accountant in respect of which a complaint has been or might properly have been made against that public accountant under the provisions of this Act; or

(b)

has so conducted himself or herself while employed by a public accountant that, had he or she been a public accountant, his or her conduct might have formed the subject of a complaint under the provisions of this Act against him or her.

Amended by11/2006

(3)

Every application under subsection (2) must be served on the person in respect of whom it is made and on his or her employer or previous employer if his or her employer or previous employer is a public accountant, an accounting corporation, an accounting firm or an accounting LLP, at least 10 days before the application is to be heard.

Amended by11/2006

(4)

Every order made under subsection (2) must be filed in a file kept for this purpose by the Registrar and the file may be inspected by any public accountant, accounting corporation, accounting firm or accounting LLP without fee.

Amended by11/2006

(5)

Disciplinary proceedings may be taken against any public accountant, accounting corporation, accounting firm or accounting LLP who or which contravenes subsection (1) or fails to comply with an order made under subsection (2).

Amended by11/2006