Singapore legislation

Clause 58

of Limited Liability Partnerships Bill

Clause 58

Criminal liability of partners and managers of limited liability partnerships under other written laws

(1)

A culpable officer provision shall apply, with the necessary modifications, to a limited liability partnership as if the reference in that provision to a director (or a person purporting to act as a director) were a reference to a partner or manager (or a person purporting to act as a partner or manager, as the case may be) of the limited liability partnership.

(2)

A culpable officer provision is a provision in any written law to the effect that where a body corporate, corporation or company is guilty of a particular offence, a director of the body corporate, corporation or company is also guilty of that offence in any one or more of the following circumstances:

(a)

if the offence is proved to have been committed with his authority;

(b)

if the offence is proved to have been committed with his consent or connivance;

(c)

if the offence is proved to be attributable to or to have been facilitated by any neglect on his part;

(d)

if the offence is proved to be attributable to any act or default on his part;

(e)

if he fails to prove that the offence was committed without his consent or connivance, and that he had exercised such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.