Singapore legislation
Section 38
Section 38
Offences by bodies corporate
(1)
Where an offence under this Act committed by a body corporate is proved —
to have been committed with the consent or connivance of an officer; or
to be attributable to any neglect on the officer’s part,the officer, as well as the 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)
In this section —
Definition
“body corporate” includes a limited liability partnership which has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005;
Definition
“officer”, in relation to a body corporate, means any director, partner, 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;
Definition
“partner” includes a person purporting to act as a partner.