Singapore legislation
Clause 25
Clause 25
Corporate offenders and unincorporated associations
(1)
Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of —
any director, manager, secretary or other similar officer of the body; or
any person who was purporting to act in any such capacity,he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(2)
Where the affairs of the body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(3)
Proceedings for an offence alleged to have been committed under this Act by an unincorporated association shall be brought against the association in its own name (and not in that of any of its members) and, for the purposes of any such proceedings, any rules of court relating to service of documents shall have effect as if the association were a corporation.
(4)
A fine imposed on an unincorporated association on its conviction for an offence under this Act shall be paid out of the funds of the association.
(5)
Where a partnership is guilty of an offence under this Act, every partner (other than a partner who is proved to have been ignorant of, or to have attempted to prevent the commission of, the offence) shall also be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(6)
Where any other unincorporated association is guilty of an offence under this Act —
every officer of the association who is bound to fulfil any duty of which the offence is a breach; or
if there is no such officer, every member of the committee or other similar governing body (other than a member who is proved to have been ignorant of, or to have attempted to prevent the commission of, the offence),shall also be guilty of an offence and shall be liable to be proceeded against and punished accordingly.