Telecommunications Act 1999 · 2020 Revised Edition · Part 5A · Control of Designated Telecommunication Licensees, Designated Business Trusts and Designated Trusts
43. Appointment of chief executive officer, director, etc., of designated telecommunication licensee
Feedback & supportLast amended by an amending law of 2016. 2 amendments in all.
A designated telecommunication licensee must not appoint a person as its chief executive officer, its director or the chairperson of its board of directors, unless it has obtained the approval of the Authority to do so.
designated telecommunication licensee
“designated telecommunication licensee” means a telecommunication licensee that is a corporation and that —(a)has been declared by the Authority under subsection (2) to be a designated telecommunication licensee for the purposes of this Part; or(b)belongs to a class of telecommunication licensees which has been declared by the Authority under subsection (2) to be a class of designated telecommunication licensees for the purposes of this Part;
The Authority may —
grant its approval, without or with conditions, such conditions limited to either or both of the following:
specifying the period of appointment for which the approval is granted, including any requirement for the designated telecommunication licensee to seek approval for re‑appointment;
specifying the actions to be taken by the designated telecommunication licensee or the person appointed; and
at any time add to, vary or revoke any condition of the approval under paragraph (a), subject to the limitation in that paragraph.
Where a designated telecommunication licensee appoints a person as its chief executive officer, its director or the chairperson of its board of directors without the approval of the Authority, in contravention of subsection (1), or the designated telecommunication licensee or the person appointed is in contravention of any of the conditions imposed under subsection (2), the Authority may issue a direction to the licensee to remove that person from his or her appointment as chief executive officer, director or chairperson of the board of directors (as the case may be) of the licensee.
Chief Executive
“Chief Executive”, in relation to the Authority, means the Chief Executive of the Authority appointed under section 40(2) of the Info‑communications Media Development Authority Act 2016, and includes any individual acting in that capacity;
The Authority may at any time vary, suspend or revoke any direction issued under subsection (3).
This section has effect despite the provisions of any other written law and the provisions of the memorandum or articles of association, or other constitution, of the designated telecommunication licensee.
In this section —
“chief executive officer”, in relation to a designated telecommunication licensee —
means any person, by whatever name described, who —
is in the direct employment of, or acting for or by arrangement with, the designated telecommunication licensee; and
is principally responsible for the management and conduct of any type of business of the designated telecommunication licensee in Singapore; and
business
“business” means —(a)in relation to a designated business trust, the business relating to the trust property of the designated business trust and managed and operated by the trustee‑manager of the designated business trust in its capacity as trustee‑manager of the designated business trust; or(b)in relation to a designated trust, such business relating to the trust property of the designated trust as is prescribed by any regulations made under section 97;
includes any person for the time being performing all or any of the functions or duties of a chief executive officer;
“director” has the meaning given by section 4(1) of the Companies Act 1967.[32F