Singapore legislation

Clause 64

of Civil Aviation Authority of Singapore Bill

Clause 64

Meaning of “associate”

(1)

Subject to subsection (3), the following persons are associates of a person:

(a)

a relative of the person;

(b)

a partner of the person;

(c)

a company of which the person is an officer;

(d)

if the person is a company, an officer of the company;

(e)

an employee or employer of the person;

(f)

an officer of a company of which the person is an officer;

(g)

an employee of an individual of whom the person is an employee;

(h)

the trustee of an discretionary trust where the person or another person who is an associate of the person by virtue of another paragraph in this subsection benefits, or is capable (whether by exercise of a power of appointment or otherwise) of benefitting, under the trust, either directly or through interposed companies, partnerships or trusts;

(i)

a company whose directors are accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the person;

(j)

a company where the person is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the company;

(k)

such other person as may be prescribed by regulations.

(2)

If a person (referred to as the first person) enters, or proposes to enter, into an arrangement with another person (the second person) that relates to any of the following matters:

(a)

the first person and the second person being in a position, by acting together, to control any of the voting power in a company;

(b)

the power of the first person and the second person, by acting together, to appoint or remove a director of a company;

(c)

the situation where one or more of the directors of a company are accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the first person and the second person acting together,then, the second person shall be taken to be an associate of the first person for the purposes of the application of any provision in this Part in relation to the matter concerned.

(3)

The regulations may also prescribe that persons are not associates of another specified person.

Clause 64 — Civil Aviation Authority of Singapore Bill