Singapore legislation

Clause 2

of Residential Property (Amendment) Bill

Clause 2

Amendment of section 2

Section 2(1) of the Residential Property Act (referred to in this Act as the principal Act) is amended —

(a)

by deleting the definition of “approved purchaser” and substituting the following definition:“ “approved purchaser” means —

(a)

a Singapore company;

(b)

a Singapore limited liability partnership;

(c)

a Singapore society;

(d)

a foreign person to whom approval has been granted under section 25, 30 or 31;

(e)

any person, company, limited liability partnership, society, association or other organisation or body who or which has been exempted by the Minister under section 32; or

(f)

any body, corporate or otherwise, declared by the Minister by notification in the Gazette to be a public authority or an instrumentality or agency of the Government;”;

(b)

by deleting the definition of “Controller of Housing”;

(c)

by deleting the definitions of “converted foreign company”, “converted foreign limited liability partnership” and “converted society” and substituting the following definitions:“ “converted foreign company” means any Singapore company which becomes a foreign company on or after 1st October 1976 while being an owner of an estate or interest in any residential property that is not non-restricted residential property;“converted foreign limited liability partnership” means any Singapore limited liability partnership which becomes a foreign limited liability partnership on or after 11th April 2005 while being an owner of an estate or interest in any residential property that is not non-restricted residential property;“converted society” means any Singapore society which becomes a foreign society on or after 1st October 1976 while being an owner of an estate or interest in any residential property that is not non-restricted residential property;”;

(d)

by inserting, immediately after the definition of “court”, the following definition:“ “director”, in relation to a company, means any person occupying or acting in the position of director of the company, by whatever name called;”;

(e)

by deleting the definition of “foreign company” and substituting the following definition:“ “foreign company” means any company (whether a holding company or otherwise) other than a Singapore company;”;

(f)

by deleting the definition of “foreign person” and substituting the following definitions:“ “foreign person” means any person who is not any of the following: (a)a citizen of Singapore;

(b)

a Singapore company;

(c)

a Singapore limited liability partnership;

(d)

a Singapore society;“foreign society” means any society other than a Singapore society;”;

(g)

by deleting the definition of “land” and substituting the following definition:“ “land” has the same meaning as in the Land Titles Act (Cap. 157);”;

(h)

by deleting the definition of “member” and substituting the following definitions:“ “mean average of 2 valuations” means the sum of any 2 specified valuations divided by 2;“member”, in relation to any company, means —

(a)

any person who owns a share or holds a membership in the company;

(b)

in the case of a share or membership in the company that is held in trust, the person who is the beneficiary of the trust; or

(c)

any person, not being an owner of a share or a holder of a membership in the company, who controls any rights attached to any share or membership in the company through a contract or other arrangement;”;

(i)

by inserting, immediately after the definition of “mortgage”, the following definitions:“ “non-restricted residential property” means any residential property described in section 4(1) but not in section 4(2);“notice to attach and sell” means any notice issued by the Minister under section 3(6), 4(8), 5(7), 9(11), 22(3), 27(3) or 32(2A) directing the Controller to attach and sell in accordance with this Act such estate or interest in such residential property or land as is specified in the notice;”;

(j)

by deleting the definition of “Singapore company” and substituting the following definition:“ “Singapore company” means any company which satisfies the following requirements: (a)the company is incorporated in Singapore and its directors and members are all citizens;

(b)

if any member of the company is another company, that other company satisfies the requirements of paragraph (a);

(c)

if that other company referred to in paragraph (b) has a member which is a company, which in turn has a member which is also a company and so on, all the members of each such company consist only of any or any combination of the following:

(i)

citizens; and

(ii)

companies that satisfy the requirements of paragraphs (a) and (b); and

(d)

if any member of the company is a limited liability partnership, that limited liability partnership is a Singapore limited liability partnership;”;

(k)

by deleting the definitions of “Singapore limited liability partnership” and “Singapore society” and substituting the following definitions:“ “Singapore limited liability partnership” means any limited liability partnership that satisfies the following requirements: (a)the limited liability partnership is registered in Singapore under the Limited Liability Partnerships Act 2005 (Act 5 of 2005) and all its partners are citizens;

(b)

if any partner of the limited liability partnership is another limited liability partnership, that other limited liability partnership satisfies the requirements under paragraph (a);

(c)

if that other limited liability partnership referred to in paragraph (b) has a partner which is a limited liability partnership, which in turn has a partner which is also a limited liability partnership and so on, all the partners of each such limited liability partnership consist only of any or any combination of the following:

(i)

citizens; and

(ii)

limited liability partnerships that satisfy the requirements of paragraphs (a) and (b); and

(d)

if any partner of the limited liability partnership is a company, that company is a Singapore company;“Singapore society” means any society formed or constituted in Singapore and registered or exempted from registration under any written law, all of whose members are citizens and all of whose trustees are either citizens or a trust company licensed under the Trust Companies Act 2005 (Act 11 of 2005);”; and

(l)

by deleting paragraphs (a) and (b) of the definition of “society” and substituting the following paragraphs:“(a)any unincorporated body or association of persons;

(b)

any trade union, co-operative society, mutual benefit organisation or other organisation; or”.

Clause 2 — Residential Property (Amendment) Bill | laws.sg