Police Force Act 2004 · 2020 Revised Edition · Part 9 · Auxiliary Police Forces
85A. Interpretation of this Part
Feedback & supportLast amended by an amending law of 2021. 2 amendments in all.
In this Part, unless the context otherwise requires —
“5% controller”, in relation to an employer of an Auxiliary Police Force, means a person who, alone or together with the person’s associates —
Auxiliary Police Force
“Auxiliary Police Force” means any force created under Part 9;
holds 5% or more, but less than 25%, of the total equity interests in the employer; or
is in a position to control 5% or more, but less than 25%, of the voting power in the employer;
“25% controller”, in relation to an employer of an Auxiliary Police Force, means a person who, alone or together with the person’s associates —
holds 25% or more, but less than 50%, of the total equity interests in the employer; or
is in a position to control 25% or more, but less than 50%, of the voting power in the employer;
“50% controller”, in relation to an employer of an Auxiliary Police Force, means a person who, alone or together with the person’s associates —
holds 50% or more of the total equity interests in the employer; or
is in a position to control 50% or more of the voting power in the employer;
“75% controller”, in relation to an employer of an Auxiliary Police Force, means a person who, alone or together with the person’s associates —
holds 75% or more of the total equity interests in the employer; or
is in a position to control 75% or more of the voting power in the employer;
“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 security for any loan or other debt;
“arrangement” includes any formal or informal scheme, arrangement or understanding, and any trust whether express or implied;
arrangement
“arrangement” includes any formal or informal scheme, arrangement or understanding, and any trust whether express or implied;
“chief executive officer”, in relation to a company or an organisation that is the employer of an Auxiliary Police Force, means the person principally responsible for the management and conduct of any type of business of the company or organisation in Singapore, and includes any person for the time being performing all or any of the functions or duties of a chief executive officer;
“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*;
“employer”, in sections 88, 88A, 88B and 88C and Division 1C, does not include the Government or a statutory body which creates an Auxiliary Police Force;
“equity interest” means —
in relation to a company — a voting share in that company; and
in relation to an organisation other than a company — any right or interest, whether legal or equitable, in that organisation (by whatever name called) which gives the holder of that right or interest voting power in that organisation;
“indirect controller”, in relation to an employer of an Auxiliary Police Force, means any person, whether acting alone or together with any other person, and with or without holding any equity interests or controlling the voting power in the employer —
whose directions, instructions or wishes the directors or other officers of the employer 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 employer,but does not include any of the following:
any person who is the chief executive officer, a director or the chairman of the employer whose appointment as such is approved or deemed approved under section 87;
any person whose directions, instructions or wishes the directors or other officers of the employer 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;
“limited liability partnership” has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005*;
“treasury share” has the meaning given by section 4(1) of the Companies Act 1967*;
“unregistered company” has the meaning given by section 245(1) of the Insolvency, Restructuring and Dissolution Act 2018;
“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 Part to the control of a percentage of the voting power in an employer of an Auxiliary Police Force 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 employer.
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.