Singapore legislation

Clause 25

of Companies (Amendment) Bill

Clause 25

New section 409B

The Companies Act is amended by inserting, immediately after section 409A, the following section:“Investigations by Commercial Affairs Department409B.—

(1)

The Director or a Commercial Affairs Officer, belonging to a body known as the Commercial Affairs Department which is constituted as a Department of the Ministry of Finance, may exercise all or any of the powers in relation to police investigations conferred by the Criminal Procedure Code [Cap. 68] in any case where a seizable offence has been committed under this Act [Cap. 289] or the Securities Industry Act or in any case where a seizable offence is disclosed under any written law in the course of an investigation under this Act or the Securities Industry Act.(2) The Director or a Commercial Affairs Officer referred to in subsection (1) may, by order of the Public Prosecutor, be authorised to exercise all or any of the powers in relation to police investigations conferred by the Criminal Procedure Code in any case where a non-seizable offence has been committed under this Act or the Securities Industry Act or in any case where a non-seizable offence is disclosed under any written law in the course of investigations under this Act or the Securities Industry Act.(3) A reference to a Commercial Affairs Officer in this section is a reference to a person —

(a)

who has been appointed by the Minister to exercise the powers in relation to police investigations referred to in the section; and

(b)

who had his appointment as a Commercial Affairs Officer published in the Gazette.(4) In this section, “seizable offence” and “non-seizable offence” have the meanings assigned to those expressions in section 2 of the Criminal Procedure Code [Cap. 68].”.

Clause 25 — Companies (Amendment) Bill | laws.sg