In forceAmended2020 Revised Edition

Contents

Housing Developers (Control and Licensing) Act 1965 · 2020 Revised Edition · Part 2 · Licensing of Housing Developers

5. Licences not to be granted in certain cases

Feedback & support

Amended

Last amended by an amending law of 2025. 3 amendments in all.

(1)

The Controller must not grant a licence under section 4(5) to a housing developer that —

(a)

is a company, unless the housing developer —

(i)

has an issued and paid-up capital of an amount that the Minister may prescribe; or

(ii)

has lodged with the Controller, in the form and manner and on any terms that the Controller may determine, a deposit or security of a sum that the Minister may prescribe;

(b)

is an individual, a group of persons, a partnership, a society or a limited liability partnership, unless the housing developer has lodged with the Controller, in the form and manner and on any terms that the Controller may determine, a deposit or security of a sum that the Minister may prescribe;

(c)

has a person holding a responsible position therein who, at any time within a period of 5 years immediately before the date of the application by the housing developer under section 4(2) for a licence —

(i)

has been convicted (whether in Singapore or elsewhere) of an offence involving fraud or dishonesty; or

(ii)

has served any sentence of imprisonment (whether in Singapore or elsewhere) in respect of an offence involving fraud or dishonesty;

(d)

is an undischarged bankrupt (whether in Singapore or elsewhere) or has an undischarged bankrupt (whether in Singapore or elsewhere) holding a responsible position therein;

(e)

is an individual who has been convicted (whether before, on or after the date of commencement of section 14(c) of the Anti‑Money Laundering and Other Matters (Estate Agents and Developers) Act 2025) of any money laundering, proliferation financing or terrorism financing offence;

(f)

is a company, partnership, society or limited liability partnership which —

(i)

has been convicted (whether before, on or after the date of commencement of section 14(c) of the Anti‑Money Laundering and Other Matters (Estate Agents and Developers) Act 2025) of any money laundering, proliferation financing or terrorism financing offence; or

(ii)

has an individual mentioned in paragraph (e) who holds or is to hold a responsible position in that company, partnership, society or limited liability partnership, as the case may be; or (g)is a company which has as a substantial shareholder a person mentioned in paragraph (e) or (f).

(2)

For the purposes of subsection (1)(a) and (b), the Minister may prescribe for different housing developers or classes of housing developers —

(a)

different amounts of issued and paid-up capital; or

(b)

different sums of deposit or security.

Terms defined in s 2

company
Defined · s 2
“company” means any company incorporated, formed or registered under the provisions of the Companies Act 1967 or any corresponding previous written law;
Open s 2
Controller
Defined · s 2
“Controller” means the Controller of Housing appointed under section 3(1);
Open s 2
housing developer
Defined · s 2
“housing developer” means any —(a)person;(b)group of persons, whether in partnership or otherwise;(c)society, whether a cooperative society or otherwise;(d)company; or(e)limited liability partnership,who or which engages in or undertakes housing development, but does not include any —(f)bank which is in possession of a valid licence granted by the Monetary Authority of Singapore under the Banking Act 1970; or(g)insurer licensed under section 11 of the Insurance Act 1966,so long as such bank or insurer only lends or provides money for housing development;
Open s 2
licence
Defined · s 2
“licence” means a licence granted under section 4(5);
Open s 2
limited liability partnership
Defined · s 2
“limited liability partnership” and “limited liability partnership agreement” have the meanings given by section 2(1) of the Limited Liability Partnerships Act 2005;
Open s 2
responsible position
Defined · s 2
“responsible position”, in relation to a housing developer, means —(a)in the case of a housing developer that is a company — a director, manager or secretary or a person in a position analogous to that of a director, manager or secretary;(b)in the case of a housing developer that is a society — a president, secretary or treasurer or a person in a position analogous to that of a president, secretary or treasurer;(c)in the case of a housing developer that is a partnership — a partner;(d)in the case of a housing developer that is a limited liability partnership — a partner or manager or a person in a position analogous to that of a manager; or(e)in the case of a housing developer that is a group of persons — any person in that group;
Open s 2