Singapore legislation

Section 48

of Limited Liability Partnerships Act 2005

Section 48

Limited liability partnership’s duty to investigate and obtain information

Amended by16/201716/201716/201716/201716/201716/201716/2017

(1)

A limited liability partnership must take reasonable steps to find out and identify the registrable controllers of the limited liability partnership.

Amended by16/2017

(2)

A limited liability partnership (A) —

(a)

must give a notice to any person (B) whom A knows or has reasonable grounds to believe is a registrable controller in relation to A, requiring B —

(i)

to state whether B is or is not a registrable controller of A;

(ii)

to state whether B knows or has reasonable grounds to believe that any other person (C) is a registrable controller of A or is likely to have that knowledge and to give such particulars of C that are within B’s knowledge; and

(iii)

to provide such other information as may be prescribed; and

(b)

must give a notice to any person (D) whom A knows, or has reasonable grounds to believe knows, the identity of a person who is a registrable controller of A or who is likely to have that knowledge, requiring D —

(i)

to state whether D knows or has reasonable grounds to believe that any other person (E) is a registrable controller of A or is likely to have that knowledge and to give such particulars of E that are within D’s knowledge; and

(ii)

to provide such other information as may be prescribed.

Amended by16/2017

(3)

A notice mentioned in subsection (2) —

(a)

must state that the addressee must comply with the notice not later than the time prescribed for compliance;

(b)

must be in such form, contain such particulars and be sent in such manner, as may be prescribed; and

(c)

must be given within such period as may be prescribed after the limited liability partnership first knows the existence of, or first has reasonable grounds to believe that there exists, a person to whom a notice must be given under that subsection.

Amended by16/2017

(4)

Subsection (2) does not require a limited liability partnership to give notice to any person in respect of any information that is required to be stated or provided pursuant to the notice if the information was previously provided by that person or by any registered filing agent on behalf of that person.

Amended by16/2017

(5)

If a limited liability partnership fails to comply with subsection (2) or (3), the limited liability partnership, and every partner of the limited liability partnership who is in default, shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $5,000.

Amended by16/2017

(6)

An addressee of a notice under subsection (2) must comply with the notice within the time specified in the notice for compliance except that an addressee is not required to provide any information that is subject to legal privilege.

Amended by16/2017

(7)

An addressee of a notice under subsection (2) who fails to comply with subsection (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.[32G

Amended by16/2017