Singapore legislation
Regulation 3
of Foreign Employee Dormitories (Prescribed Associates) Regulations 2022
Regulation 3
Prescribed associates of applicant which is a body corporate
Subregulation 1
For the purposes of section 9(4) of the Act, where an applicant (D) is a body corporate —
an individual (E) is an associate of D —
if E has control over D or if E and persons who are E’s associates together have control over D;
if E has a significant interest in D or if E and persons who are E’s associates together have a significant interest in D; or
if E is or was a company director, managing director, chief executive officer or manager of D or D’s subsidiary or holding company; and
a body corporate (F) is an associate of D —
if F has control over D or if F and persons who are F’s associates together have control over D;
if F has a significant interest in D or if F and persons who are F’s associates together have a significant interest in D; or
if F is a subsidiary of D or if F is the holding company of D.
Subregulation 2
In this regulation, “subsidiary” and “holding company” have the meanings given by section 5 of the Companies Act 1967.
Subregulation 3
For the purposes of paragraphs (1)(a)(i) and (1)(b)(i), E or F (as the case may be) is taken to have control of D if —
the directors of D or of another body corporate which has control of D (or any of the directors) are accustomed to act in accordance with E or F’s directions or instructions, as the case may be;
E or F (as the case may be) holds the right, directly or indirectly, to appoint or remove the directors or equivalent persons of D who hold a majority of the voting rights at meetings of the directors or equivalent persons on all or substantially all matters; or
E or F (as the case may be) is entitled to exercise, or control the exercise of, 25% or more of the voting power at any general meeting of D or of another body corporate which has control of D,and where 2 or more persons together satisfy sub‑paragraph (a), (b) or (c), they are taken to have control of D.
Subregulation 4
For the purpose of paragraphs (1)(a)(ii) and (1)(b)(ii), E or F (as the case may be) is taken to have a significant interest in D if —
where D is a body corporate having a share capital —
E or F (as the case may be) has an interest in more than 25% of the shares in D; or
E or F has an interest in one or more voting shares in D, and the total votes attached to that share, or those shares, is more than 25% of the total voting power in D,and where 2 or more persons together satisfy sub‑paragraph (i) or (ii), they are taken to have a significant interest in D; and
where D is a body corporate that does not have a share capital, E or F (as the case may be) holds, whether directly or indirectly, a right to share in more than 25% of the capital, or more than 25% of the profits, of D.