Singapore legislation
Section 39
Section 39
Disqualification to act as director on conviction of certain offences
(1)
Without affecting section 154 of the Companies Act 1967, where a person —
is convicted of any Part 2 offence, or a serious offence (including an abetment of, or a conspiracy or an attempt to commit, the serious offence) which is subject to the penalty under section 13; or
contravenes an OCPO or FRO, which was made upon the conviction for any offence,the court may, upon an application by the Public Prosecutor, make a disqualification order in addition to any other sentence imposed.
(2)
A person who has a disqualification order made against him or her under subsection (1) must not act as a director of a company or of a foreign company to which Division 2 of Part 11 of the Companies Act 1967 applies, and the person must not take part, whether directly or indirectly, in the management of such a company or foreign company.
(3)
Where a person disqualified under this section is sentenced to imprisonment, the disqualification in subsection (2) takes effect upon conviction and continues for a period of 5 years after the person’s release from prison.
(4)
Where a person disqualified under this section is not sentenced to imprisonment, the disqualification in subsection (2) takes effect upon conviction and continues for a period of 5 years, or for a shorter period that the court may specify in the disqualification order.
(5)
A person who acts in contravention of a disqualification order made under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
(6)
A person disqualified under this section may, upon giving the Minister charged with the responsibility for the administration of Part 5 of the Companies Act 1967 not less than 14 days’ notice, apply for leave —
to act as a director of a company or of a foreign company to which Division 2 of Part 11 of the Companies Act 1967 applies; or
to take part, whether directly or indirectly, in the management of such a company or foreign company.
(7)
Upon the hearing of any application made under subsection (6), the Minister may be represented at the hearing and may oppose the granting of the application.