Residential Property Act 1976 · 2020 Revised Edition · Part 2 · Prohibition on Purchase or Acquisition of Residential Property by Foreign Persons
14A. Singapore limited liability partnership becoming foreign limited liability partnership
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Despite anything in any written law, a Singapore limited liability partnership must not become a foreign limited liability partnership unless —
Singapore limited liability partnership
“Singapore limited liability partnership” means any limited liability partnership that satisfies the following requirements:(a)the limited liability partnership is registered in Singapore under the Limited Liability Partnerships Act 2005 and all its partners are citizens;(b)if any partner of the limited liability partnership is another limited liability partnership, that other limited liability partnership satisfies the requirements under paragraph (a);(c)if that other limited liability partnership mentioned in paragraph (b) has a partner which is a limited liability partnership, which in turn has a partner which is also a limited liability partnership and so on, all the partners of each such limited liability partnership consist only of any or any combination of the following:(i)citizens; and(ii)limited liability partnerships that satisfy the requirements of paragraphs (a) and (b); and(d)if any partner of the limited liability partnership is a company, that company is a Singapore company;
in the case of a Singapore limited liability partnership which owns any residential property that is not non‑restricted residential property — it has obtained the prior approval of the Controller to become a converted foreign limited liability partnership pursuant to section 26; or
in the case of a Singapore limited liability partnership which claims that it does not own any residential property apart from non‑restricted residential property — it has obtained the prior approval of the Controller under subsection (2) to become a foreign limited liability partnership.
For the purposes of subsection (1)(b), the Controller must grant the approval for the Singapore limited liability partnership to become a foreign limited liability partnership if he or she is satisfied that the Singapore limited liability partnership does not own any residential property apart from non‑restricted residential property.
Controller
“Controller” means the Controller of Residential Property and includes a Deputy and an Assistant Controller of Residential Property appointed under section 29;
Upon a Singapore limited liability partnership being granted an approval under subsection (1)(a) or (b), the Controller must cancel the certificate issued to the Singapore limited liability partnership under section 11(2).
Despite any approval given by the Minister or the Controller for the purposes of subsection (1)(a) or (b), as the case may be, the Controller may —
if the Controller subsequently discovers that the limited liability partnership owns any residential property in respect of which the Minister or the Controller (as the case may be) has not granted any approval under section 25 or 26 for the limited liability partnership to purchase, acquire or retain the residential property and the residential property is not non‑restricted residential property; or
if the Controller subsequently discovers that the limited liability partnership had made a misrepresentation to the Controller,obtain the Minister’s direction to require the limited liability partnership to dispose of the residential property.
Where any residential property is to be disposed of pursuant to the Minister’s direction obtained under subsection (4), section 9(8) to (14) applies, with the necessary modifications, to the manner of disposal of the residential property and the rights of a mortgagee or chargee (if any) of the residential property.
residential property
“residential property” includes —(a)any vacant land upon which no building or other structure exists or any land upon which exists any building or other structure which is constructed or used contrary to any written law;(b)any house, building or other premises or any part thereof which is permitted to be used pursuant to the Planning Act 1998 or any other written law as a dwelling house or which is lawfully so used;(c)any land zoned for residential purposes in the Master Plan; and(d)such other land or building, in whatever manner zoned in the Master Plan, as the Minister may, by notification in the Gazette, declare to be residential property for the purposes of this Act,but does not include —(e)any land, whether or not vacant, which is zoned for industrial or commercial purposes or both such purposes in the Master Plan or which is permitted to be used pursuant to the Planning Act 1998 or any other written law solely for industrial or commercial purposes or both such purposes;(f)any house, building or other premises, or any part thereof, which is permitted to be used pursuant to the Planning Act 1998 or any other written law solely for industrial or commercial purposes or both such purposes or which is lawfully so used;(g)any hotel registered under the provisions of the Hotels Act 1954; and(h)such other land or building, in whatever manner zoned in the Master Plan, as the Minister may, by notification in the Gazette, declare to be industrial, commercial or non‑residential property for the purposes of this Act;