Singapore legislation

Schedule 1

of Accounting and Corporate Regulatory Authority Act 2004

Schedule 1

Constitution and proceedings of Authority

FIRST SCHEDULESection 5(4)Constitution and proceedings of AuthorityTerms of office of Chairperson and members

1. The Chairperson and other members hold office for such period and on such terms and conditions as the Minister may determine, and are eligible for re‑appointment.Role of Deputy Chairperson

2. Where the Minister has appointed a Deputy Chairperson under section 5(3)(a), the Deputy Chairperson so appointed may, subject to such direction as may be given by the Chairperson, exercise all or any of the powers exercisable by the Chairperson under this Act.Temporary Chairperson

3. The Minister may appoint any person to be a temporary Chairperson during the temporary incapacity from illness or otherwise, or during the temporary absence from Singapore, of the Chairperson.Revocation of appointment

4. The Minister may, at any time, revoke the appointment of the Chairperson, Deputy Chairperson (if any) or any member if the Minister considers such revocation necessary in the interest of the effective and economical performance of the functions of the Authority under this Act or in the public interest.Resignation

5. A member may resign from the member’s office at any time by giving not less than one month’s notice in writing to the Minister.Chairperson may delegate functions

6. The Chairperson may, in writing, authorise any member to exercise any power or perform any function conferred on the Chairperson by or under this Act.Vacation of office

7. The office of a member becomes vacant —

(a)

on the member’s death;

(b)

if the member fails to attend 3 consecutive meetings of the Authority without sufficient cause (the sufficiency thereof to be decided by the Authority);

(c)

if the member becomes in any manner disqualified from membership of the Authority;

(d)

if the member is adjudicated a bankrupt;

(e)

if the member resigns from the member’s office; or

(f)

if the member’s appointment is revoked.Filling of vacancies

8. If a vacancy occurs in the membership of the Authority, the Minister may, subject to paragraphs 1 and 9, appoint any person to fill the vacancy, and the person so appointed is to hold office for the remainder of the term for which the vacating member was appointed.Disqualification from membership

9. A person must not be appointed or continue to hold office as a member if the person —

(a)

is incapacitated by physical or mental illness;

(b)

is an undischarged bankrupt or has made any arrangement or composition with the person’s creditors;

(c)

is convicted of an offence involving dishonesty, fraud or moral turpitude and has not received a free pardon;

(d)

has been sentenced to imprisonment for a term of 6 months or more and has not received a free pardon; or

(e)

is otherwise unable or unfit to discharge the functions of a member.Salaries, fees and allowances payable to members of Authority

10. There are to be paid to the members of the Authority, out of the funds of the Authority, such salaries, fees and allowances as the Minister may determine.Meetings and proceedings of Authority11.—

(1)

The Authority is to meet for the despatch of business at such times and places as the Chairperson may appoint.(2) At every meeting of the Authority, one half of the number of members constitutes a quorum.(3) The Chairperson presides at all meetings of the Authority, but if the Chairperson is absent from a meeting —

(a)

the Deputy Chairperson; or

(b)

if there is no Deputy Chairperson, such member as the members present may elect,presides at that meeting.(4) Decisions at meetings of the Authority are to be adopted by a simple majority of the members present and voting and, in the case of an equality of votes, the Chairperson or in the Chairperson’s absence the member presiding has a casting vote.(5) Where not less than 4 members, by written notice signed by them, request the Chairperson to convene a meeting of the Authority for any purpose specified in the notice, the Chairperson must, within 7 days from the receipt of the notice, convene a meeting for that purpose.(6) The validity of any proceedings of the Authority is not affected by any vacancy among its members or by any defect in the appointment of any member.(7) Subject to the provisions of this Act and the Public Sector (Governance) Act 2018, the Authority may regulate its own proceedings generally and, in particular, regarding the holding of meetings, the notice to be given of the meetings, the proceedings at the meetings, the keeping of minutes, the custody, production and inspection of the minutes, and the opening, keeping, closing and auditing of accounts.[18/2014; 5/2018; 40/2018]