Singapore legislation

Clause 11

of Architects (Amendment) Bill

Clause 11

Amendment of section 20

Section 20 of the Architects Act is amended —

(a)

by deleting paragraphs (b) and (c) of subsection (1) and substituting the following paragraphs:“(b)the authorised capital of the corporation that is paid up is not less than the amount prescribed by the Minister by notification in the Gazette;

(c)

the articles of association of the corporation provide that at least a prescribed number or proportion of the directors of the corporation shall be registered architects or allied professionals who each has in force a practising certificate;”;

(b)

by deleting the word “and” at the end of subsection (1)(d);

(c)

by deleting the full-stop at the end of paragraph (e) of subsection (1) and substituting the word “; and”, and by inserting immediately thereafter the following paragraph:“(f)the name of the corporation has been approved by the Board.”;

(d)

by deleting paragraph (b) of subsection (2) and substituting the following paragraph:“(b)the articles of association of the corporation provide that —

(i)

no person shall be a director of the corporation unless he is a registered architect or an allied professional;

(ii)

at least a prescribed number or proportion of the directors of the corporation shall be registered architects or allied professionals who each has in force a practising certificate; and

(iii)

no person shall be registered as a member of that corporation —

(A)

unless he is a registered architect or an allied professional and a director, a manager or an employee of the corporation; or

(B)

if he is a nominee of a person who is not a registered architect or an allied professional;”;

(e)

by deleting the full-stop at the end of paragraph (c) of subsection (2) and substituting the word “; and”, and by inserting immediately thereafter the following paragraph:“(d)the name of the corporation has been approved by the Board.”;

(f)

by deleting paragraph (a) of subsection (3) and substituting the following paragraph:“(a)the partnership is one in which only registered architects and allied professionals, who each has in force a practicing certificate, have a beneficial interest in the capital assets and profits of the partnership;”;

(g)

by deleting the full-stop at the end of paragraph (b) of subsection (3) and substituting the word “; and”, and by inserting immediately thereafter the following paragraph:“(c)the name of the partnership has been approved by the Board.”;

(h)

by deleting subsection (4) and substituting the following subsection:“(4) Subject to the provisions of this Act, the Board may grant a licence to any limited liability partnership to supply architectural services in Singapore if —

(a)

the statement lodged by the partners of the limited liability partnership with the Registrar of Limited Liability Partnerships under section 15(1) of the Limited Liability Partnerships Act 2005 (Act 5 of 2005) provides that a primary nature of the business of the limited liability partnership is to supply architectural services;

(b)

the partners in the limited liability partnership consist only of persons who satisfy such requirements as the Board may, with the approval of the Minister, prescribe;

(c)

at least one of the partners of the limited liability partnership is a registered architect who has in force a practising certificate;

(d)

the business of the limited liability partnership, so far as it relates to architectural services in Singapore, will be under the control and management of a partner who —

(i)

is a registered architect who has in force a practising certificate; and

(ii)

is authorised under a resolution of the partners of the limited liability partnership to make all final architectural decisions on behalf of the limited liability partnership with respect to the requirements of this Act, the rules or any other law relating to the supply of architectural services by the limited liability partnership;

(e)

the name of the limited liability partnership has been approved by the Board; and

(f)

the limited liability partnership is insured against professional liability in accordance with section 24 and the rules.”;

(i)

by inserting, immediately after the words “for a licence” in subsection (5), the words “or for the approval of the name of a corporation, partnership or limited liability partnership”;

(j)

by deleting subsection (6) and substituting the following subsection:“(6) The Board may refuse to grant a licence under this section to any corporation (whether unlimited or not), partnership or limited liability partnership if, in the opinion of the Board, the past conduct of any director, manager or employee of the corporation or any partner, manager or employee of the partnership or limited liability partnership affords reasonable grounds for believing that the corporation, partnership or limited liability partnership, as the case may be, will not supply architectural services in accordance with any written law and with honesty and integrity.”;

(k)

by inserting, immediately after the words “for a licence” in subsection (8), the words “or for the approval of the name of a corporation, partnership or limited liability partnership”; and

(l)

by deleting the words “subsection (1)” wherever they appear in subsection (9) and substituting in each case the words “subsections (1) and (2)”.