Clause 76

Subject to subsection (5), a person —

who was a director of a company (Company A) at the time that the name of Company A had been struck off the register under section 344; and

who, within a period of 5 years immediately before the date on which the name of Company A was struck off the register under section 344 —

had been a director of not less than 2 other companies whose names had been struck off the register under section 344; and

was a director of those companies at the time the names of the companies were so struck off the register,shall not act as director of, or in any way (whether directly or indirectly) take part in or be concerned in the management of, any company or any foreign company to which Division 2 of Part XI applies for a period of 5 years commencing after the date on which the name of Company A was struck off.(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.(3) A person who is subject to a disqualification under subsection (1) may apply to the Court for leave to act as director of, or to take part in or be concerned in the management of, a company or a foreign company to which Division 2 of Part XI applies during the period of disqualification upon giving the Minister not less than 14 days’ notice of his intention to apply for such leave.(4) On the hearing of any application under this section, the Minister may be represented at the hearing and may oppose the granting of the application.(5) This section shall only apply where Company A and the companies referred to in subsection (1)(b)(i) were struck off on or after the date of commencement of section 76 of the Companies (Amendment) Act 2014.Debarment for default of relevant requirement of this Act155B.—

Where the Registrar is satisfied that a company is in default in relation to a relevant requirement of this Act, the Registrar may make a debarment order against any person who, at the time the order is made, is a director or secretary of the company.(2) Subject to subsection (3), a person who has a debarment order made against him shall not —

except in respect of a company of which the person is a director immediately before the order was made, act as director of any company; or

except in respect of a company of which the person is a secretary immediately before the order was made, act as secretary of any company.(3) The debarment order applies from the date that the order is made and continues in force until the Registrar cancels or suspends the order.(4) The Registrar may, upon the application of a person who has a debarment order made against him or on his own accord, cancel or suspend such debarment order where the default in relation to the relevant requirements of this Act as at the time the debarment order is made has been rectified or on such other ground as may be prescribed, subject to such conditions as the Registrar may impose.(5) Where the Registrar imposes conditions on the suspension of a debarment order under subsection (4), the suspension of the debarment order shall operate so long as that person fulfils and continues to fulfil all such conditions imposed by the Registrar.(6) The Registrar shall not make a debarment order under subsection (1) —

unless the default in relation to a relevant requirement of this Act has persisted for a continuous period of 3 months or more and the person was a director or secretary of the company during that period; and

unless the Registrar has, not less than 14 days before the order is made, sent the director or secretary concerned a notice of the Registrar’s intention to make a debarment order under subsection (1) specifying the default in relation to the relevant requirement of this Act for which the debarment order is proposed to be made and giving the director or secretary an opportunity to show cause why the debarment order should not be made.(7) The Registrar must, in determining whether to make a debarment order, consider any representation from the director or secretary made pursuant to the notice under subsection (6)(b).(8) Any person who is aggrieved by a debarment order made under subsection (1), or the Registrar’s refusal to cancel or suspend a debarment order under subsection (4), may appeal to the Minister.(9) An appeal under subsection (8) shall not suspend the effect of the debarment order.(10) Any person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.(11) The Registrar may from time to time prepare and publish, in such form and manner as the Registrar may decide, the names and particulars of the persons against whom a debarment order has been made and which continues in force.(12) In this section —“debarment order” means a debarment order made under subsection (1);“relevant requirement of this Act” has the same meaning as in section 155(2);“secretary” means a secretary of the company appointed under section 171.Disqualification under Limited Liability Partnerships Act155C.—

Subject to any leave which the Court may give pursuant to an application under subsection (3), a person who is subject to a disqualification or disqualification order under section 34, 35 or 36 of the Limited Liability Partnerships Act (Cap. 163A) shall not act as director of, or in any way (whether directly or indirectly) take part in or be concerned in the management of, any company or any foreign company to which Division 2 of Part XI applies during the period of disqualification or disqualification order.(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.(3) A person who is subject to a disqualification or disqualification order under section 34 or 36 of the Limited Liability Partnerships Act may apply to the Court for leave to act as director of, or to take part in or be concerned in the management of, a company or a foreign company to which Division 2 of Part XI applies during the period of disqualification or disqualification order, upon giving the Minister not less than 14 days’ notice of his intention to apply for such leave.(4) On the hearing of any application under subsection (3), the Minister may be represented at the hearing and may oppose the granting of the application.”.