Singapore legislation
Section 61
Section 61
Disqualification to act as manager on conviction for certain offences
(1)
Where a person is convicted (whether in Singapore or elsewhere) of any offence involving fraud or dishonesty punishable with imprisonment for 3 months or more, the person is subject to the disqualifications provided in subsection (3).
(2)
Where a person is convicted in Singapore of —
any offence in connection with the formation or management of a limited liability partnership; or
any offence under paragraph 93 of the Fifth Schedule,the court may make a disqualification order in addition to any other sentence imposed.
(3)
Subject to any leave which the General Division of the High Court may give pursuant to an application under subsection (5), a person who —
is disqualified under subsection (1); or
has had a disqualification order made against the person under subsection (2),must not act as a manager of a limited liability partnership during the period of the disqualification or disqualification order.
(4)
Where a disqualified person —
has not been sentenced to imprisonment, the disqualifications in subsection (3) 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);
has been sentenced to imprisonment, the disqualifications in subsection (3) take effect upon conviction and continue for a period of 5 years after his or her release from prison.
(5)
A person who —
is disqualified under subsection (1); or
has had a disqualification order made against the person under subsection (2),may apply to the General Division of the High Court for leave to act as a manager of a limited liability partnership during the period of the disqualification or disqualification order, upon giving the Minister at least 14 days’ notice of the person’s intention to apply for such leave.
(6)
On the hearing of any application under subsection (5), the Minister may be represented at the hearing and may oppose the granting of the application.
(7)
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.
(8)
Without affecting section 87, a District Court may make a disqualification order under this section.[36