In forceAmended2020 Revised Edition

Contents

Civil Aviation Authority of Singapore Act 2009 · 2020 Revised Edition · Part 5 · Control of Ownership and Management, Etc., of Airport Licensees and Designated Entities

67C. Duty of designated entity or trustee-manager to report changes of equity and control of certain persons

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Amended

Last amended by an amending law of 2024.

(1)

If a designated entity or, in the case of a designated entity that is a business trust, its trustee-manager, becomes aware that —

(a)

a person has, on or after the effective designation date, become a 5% controller, 25% controller, 50% controller or 75% controller of the designated entity;

(b)

a 25% controller, 50% controller or 75% controller of the designated entity has, on or after the effective designation date, ceased to be a 25% controller, 50% controller or 75% controller (as the case may be) of the designated entity;

(c)

a person has, on or after the effective designation date, become an indirect controller of the designated entity; or

(d)

in a case where the designated entity is a designated operating entity — a person has, on or after the effective designation date, acquired as a going concern, the designated operating entity’s business of providing any essential transport service (or any part of such business),the designated entity or trustee-manager (as the case may be) must inform the Authority in writing within 7 days after becoming aware of that fact.

(2)

A person who contravenes subsection (1) shall be guilty of an offence.

Terms defined in this Act

25% controller
Defined · s 56A
“25% controller”, in relation to a designated entity, means a person who, alone or together with that person’s associates —(a)holds 25% or more, but less than 50%, of the total equity interests in that designated entity; or(b)is in a position to control 25% or more, but less than 50%, of the voting power in that designated entity;
Open s 56A
5% controller
Defined · s 56A
“5% controller” has the meaning given by section 56B;
Open s 56A
50% controller
Defined · s 56A
“50% controller”, in relation to a designated entity, means a person who, alone or together with that person’s associates —(a)holds 50% or more, but less than 75%, of the total equity interests in that designated entity; or(b)is in a position to control 50% or more, but less than 75%, of the voting power in that designated entity;
Open s 56A
75% controller
Defined · s 56A
“75% controller”, in relation to a designated entity, means a person who, alone or together with that person’s associates —(a)holds 75% or more of the total equity interests in that designated entity; or(b)is in a position to control 75% or more of the voting power in that designated entity;
Open s 56A
Authority
Defined · s 2
“Authority” means the Civil Aviation Authority of Singapore established under the Civil Aviation Authority of Singapore Act as in force immediately before 1 July 2009 and reconstituted by this Act;
Open s 2
business trust
Defined · s 56A
“business trust” has the meaning given by section 2 of the Business Trusts Act 2004;
Open s 56A
designated entity
Defined · s 56A
“designated entity” means a designated equity interest holder or a designated operating entity;
Open s 56A
designated operating entity
Defined · s 56A
“designated operating entity” means an entity that has been designated as a designated operating entity under section 64;
Open s 56A
effective designation date
Defined · s 56A
“effective designation date”, in relation to a designated entity, means the date specified under section 64(3) as the date on which the designation of that entity as a designated operating entity or designated equity interest holder (as the case may be) takes effect;
Open s 56A
essential transport service
Defined · s 56A
“essential transport service” means any service or facility specified or described in the Third Schedule which is necessary for the continuity of, or to support, the provision of air transport;
Open s 56A
indirect controller
Defined · s 56A
“indirect controller”, in relation to a designated entity, means any person, whether acting alone or together with any other person, and whether with or without holding equity interests or controlling the voting power in the designated entity —(a)whose directions, instructions or wishes —(i)the directors or other officers of the designated entity; or(ii)the trustee-manager (in the case of a designated entity that is a business trust),is accustomed or under an obligation, whether formal or informal, to act in accordance with; or(b)who is in a position to determine the policy of the designated entity,but does not include —(c)any person who is —(i)a director or other officer of the designated entity; or(ii)the trustee‑manager (in the case of a designated entity that is a business trust); or(d)any person whose directions, instructions or wishes —(i)the directors or other officers of the designated entity; or(ii)the trustee-manager (in the case of a designated entity that is a business trust),is accustomed to act in accordance with by reason only that the acting is on advice given by the person in that person’s professional capacity;
Open s 56A
trustee‑manager
Defined · s 56A
“trustee‑manager” has the meaning given by section 2 of the Business Trusts Act 2004;
Open s 56A