Singapore legislation

Clause 31

Designated entity’s overriding duty to comply with Divisions 4 and 5; immunity for compliance

(1)

In this section, “relevant obligations”, in relation to a designated entity, means the obligations of the designated entity under —

(a)

sections 23 and 24, including a removal direction made under either of those sections against the entity; and

(b)

a foreign influence restraining order made against the entity.

(2)

A designated entity must comply with its relevant obligations despite the provisions of —

(a)

any other written law; and

(b)

the constitution, memorandum or articles of association, trust deed or any equivalent instrument of the entity.

(3)

No civil or criminal liability is incurred by a designated entity, or by a person acting on behalf of a designated entity, for anything that is done or omitted to be done —

(a)

in good faith and with reasonable care; and

(b)

for the purposes of complying with its relevant obligations.

(4)

Without limiting subsection (2), if —

(a)

a designated entity is required by a removal direction or a foreign influence restraining order to remove a person as a member of its governing body or as a responsible officer; and

(b)

the removal of the person would, apart from this subsection, require the consent or agreement of the person,the person is deemed, by virtue of this subsection, to have consented or agreed to being so removed with effect from the date on which the designated entity is first required to so remove the person.

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