Digital Infrastructure Bill · As enacted · Part 4 · Licensing of Data Centre Operators
30. Interpretation of this Division
Official textFrom Singapore Statutes Online, unchanged
In this Division —
“5% controller”, in relation to a licensee, means a person who, alone or together with that person’s associates —
holds 5% or more of the total equity interests in that licensee; or
is in a position to control 5% or more of the voting power in that licensee;
“acquisition” includes an agreement to acquire, but does not include —
an acquisition by will or by operation of law; or
an acquisition by way of enforcement of a loan security;
“arrangement” includes any formal or informal scheme, arrangement or understanding, and any trust whether express or implied;
“control” includes control as a result of, or by means of, any trust, agreement, arrangement, understanding or practice, whether or not having legal or equitable force and whether or not based on legal or equitable rights;
“director” has the meaning given by section 4(1) of the Companies Act 1967;
“equity interest” —
in relation to a licensee that is a corporation — means a voting share in that corporation; and
in relation to a licensee that is the trustee‑manager of a business trust — means a unit in that business trust;
“indirect controller”, in relation to a licensee, 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 licensee —
whose directions, instructions or wishes the directors or other officers of the licensee are accustomed or under an obligation, whether formal or informal, to act in accordance with; or
who is in a position to determine the policy of the licensee,but does not include —
any person who is a director or other officer of the licensee; or
any person whose directions, instructions or wishes the directors or other officers of the licensee are accustomed to act in accordance with by reason only that they act on advice given by the person in that person’s professional capacity;
“liquidator” includes the Official Receiver when acting as the liquidator of a corporation;
“officer”, in relation to a licensee, includes —
a director or secretary of, or a person employed in an executive capacity by, the licensee;
any receiver or manager, or any receiver and manager, of any part of the undertaking of the licensee, appointed under a power contained in any instrument or by the General Division of the High Court or by creditors;
any liquidator of the licensee appointed in a voluntary winding up or by the General Division of the High Court or by creditors; and
any judicial manager of the licensee appointed by the General Division of the High Court under Part 7 of the Insolvency, Restructuring and Dissolution Act 2018;
“Official Receiver” has the meaning given by section 2(1) of the Insolvency, Restructuring and Dissolution Act 2018;
“related corporation”, in relation to a licensee, means another corporation that is deemed under section 32(2) to be related to the licensee;
“share”, in relation to a corporation, means a share in the share capital of the corporation and includes stock into which all or any of the share capital of the corporation has been converted;
“treasury share” has the meaning given by section 4(1) of the Companies Act 1967;
“unit” has the meaning given by section 2 of the Business Trusts Act 2004;
“unitholder” means a person who holds units in a business trust;
“voting share” has the meaning given by section 4(1) of the Companies Act 1967 but does not include a treasury share.
A reference in this Division to the control of a percentage of the voting power in a licensee is a reference to the control, whether direct or indirect, of that percentage of the total number of votes that might be cast in —
a general meeting of the licensee; or
in the case of a licensee that is the trustee‑manager of a business trust — a general meeting of the unitholders of the business trust.
In ascertaining a person’s control of the percentage of the total number of votes that might be cast at a general meeting mentioned in subsection (2), the number of votes that the person is entitled to cast at the meeting by reason of having been appointed a proxy or representative to vote at the meeting is to be disregarded.
In this Division, a reference to the business of a business trust is a reference to the business carried on by the trustee‑manager of the business trust on behalf of the business trust.
Part 5
Reconsiderations and Appeals
Part 6
Enforcement
Part 7
Miscellaneous
Part 8
Related Amendments to Cybersecurity Act 2018
Part 9