Singapore legislation
Section 154
Section 154
Disqualification to act as director on conviction of certain offences
(1)
A person is subject to the disqualifications provided in subsection (3) if —
the person is convicted of any of the following offences:
any offence, whether in Singapore or elsewhere, involving fraud or dishonesty punishable with imprisonment for 3 months or more;
any offence under Part 12 of the Securities and Futures Act 2001, where the conviction was on or after 1 July 2015;
an offence under section 50, 51, 53, 54, 55 or 55A of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992, where the conviction is on or after the date of commencement of section 56 of the Corporate and Accounting Laws (Amendment) Act 2025; or
the person is subject to the imposition of a civil penalty under section 232 of the Securities and Futures Act 2001 on or after 1 July 2015.
(2)
The court may, in addition to any other sentence imposed, make a disqualification order against any person who is convicted in Singapore of any of the following offences:
any offence in connection with the formation or management of a corporation;
any offence under section 157 or 396B;
any offence under section 237 or 239 of the Insolvency, Restructuring and Dissolution Act 2018.
(3)
Subject to any permission which the Court may give pursuant to an application under subsection (6), a person who —
is disqualified under subsection (1); or
has had a disqualification order made against him or her under subsection (2),must not act as a director, or take part (whether directly or indirectly) in the management of a company, or of a foreign company to which Division 2 of Part 11 applies, during the period of the disqualification or disqualification order.
(4)
The disqualifications in subsection (3) —
in a case where the disqualified person has been convicted of any offence mentioned in subsection (1) or (2) but has not been sentenced to imprisonment — take effect upon conviction and continue for a period of 5 years or for such shorter period as the court may order under subsection (2);
in a case where the disqualified person has been convicted of any offence mentioned in subsection (1) or (2) and has been sentenced to imprisonment — take effect upon conviction and continue for a period of 5 years after his or her release from prison; or
in a case where the disqualified person is subject, on or after 1 July 2015, to the imposition of a civil penalty under section 232 of the Securities and Futures Act 2001 — take effect upon the imposition of the civil penalty and continue for a period of 5 years after the imposition of the civil penalty.
(5)
A person who contravenes subsection (3) 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.
(6)
A person who —
is disqualified under subsection (1); or
has had a disqualification order made against him or her under subsection (2),may apply to the Court for permission to act as a director, or to take part (whether directly or indirectly) in the management of a company, or of a foreign company to which Division 2 of Part 11 applies, during the period of the disqualification or disqualification order, upon giving the Minister not less than 14 days’ notice of his or her intention to apply for such permission.
(7)
On the hearing of any application under subsection (6), the Minister may be represented at the hearing and may oppose the granting of the application.
(8)
Without affecting section 409, a District Court may make a disqualification order under this section.
(9)
Any right to apply for permission of the Court to be a director or promoter or to be concerned or take part in the management of a company that was subsisting immediately before 12 November 1993 is on or after that date to be treated as subsisting by virtue of the corresponding provision made under this section.