Singapore legislation
Section 85
Section 85
Offences by other bodies corporate and partnerships, etc.
(1)
Where an offence under this Act committed by a body corporate (other than a limited liability partnership) is proved —
to have been committed with the consent or connivance of an officer of that body corporate; or
to be attributable to any neglect on the part of the officer of that body corporate,the officer of that body corporate, as well as that body corporate, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(2)
Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if the member were a director of the body corporate.
(3)
Where an offence under this Act committed by a partnership (other than a limited liability partnership) is proved —
to have been committed with the consent or connivance of a partner; or
to be attributable to any neglect on the part of the partner,the partner, as well as the partnership, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(4)
Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved —
to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or
to be attributable to any neglect on the part of the officer or member,the officer or member (as the case may be), as well as the unincorporated association, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(5)
In this section —
Definition
“officer” —
in relation to a body corporate means any director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or
in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in any such capacity;
Definition
“partner” includes a person purporting to act as a partner.
(6)
Regulations may provide for the application of any provision of this section, with any modifications that the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.[51