§ 43 — Saving and transitional provisions for regulatory action against registered filing agents, etc.

43.—(1) Where —(a)

before the section 36 commencement date, the Chief Executive gave notice under section 31(15) of the old ACRA Act to a registered filing agent of the Chief Executive’s intention to take any action under section 31(10)(a), (b) or (c), (13) or (14) of that Act in respect of the registered filing agent; and

(b)

the Chief Executive has not made a decision in respect of the matter before that date,

the Chief Executive may continue to make a decision in respect of the taking of the action under section 31(10)(a), (b) or (c), (13) or (14) of the old ACRA Act and take the action, as if section 36 had not been enacted.

(2) Subject to subsection (3), where —(a)

the Chief Executive has taken or made a decision to take an action against a registered filing agent —(i)

in accordance with section 31(10)(a), (b) or (c), (13) or (14) of the old ACRA Act before the section 36 commencement date; or

(ii)

in accordance with subsection (1) on or after the section 36 commencement date; and

(b)

the registered filing agent is a registered corporate service provider under this Act,

then —

(c)

the ground on which the Chief Executive has taken or made the decision to take an action against the registered filing agent is treated as a ground on which an action may be taken under section 18(1) or 19(2) or (3); and

(d)

the action continues in force as if it were taken under that provision.

(3) Where —(a)

the Chief Executive suspends the registration of a registered filing agent —(i)

in accordance with section 31(13) or (14) of the old ACRA Act before the section 36 commencement date; or

(ii)

in accordance with subsection (1) on or after the section 36 commencement date; and

(b)

the registered filing agent is a registered corporate service provider under this Act,

the following apply:

(c)

the suspension of the registration is treated as a suspension imposed under section 19(2) or (3);

(d)

the suspension continues for the period determined by the Chief Executive, unless the suspension is earlier revoked by the Registrar under this Act.

(4) Where —(a)

on or after the section 36 commencement date, the Registrar discovers or is informed of any breach or alleged breach of a term or condition of registration of a registered filing agent that occurred or is alleged to have occurred before the section 36 commencement date; and

(b)

the registered filing agent is a registered corporate service provider under this Act,

the Registrar may commence an investigation and take regulatory action in respect of the breach or alleged breach under this Act, and for this purpose the breach or alleged breach is treated as a breach or alleged breach of a condition of registration of the registered corporate service provider under this Act.

(5) Where —(a)

an appeal has been made by a registered filing agent to the Minister under section 33(3) of the old ACRA Act before the section 36 commencement date; and

(b)

the appeal has not been dealt with or disposed of immediately before that date,

the appeal may be dealt with and disposed of by the Minister in accordance with section 33 of the old ACRA Act, as if section 36 had not been enacted.

—(1) Where —(a)

before the section 36 commencement date, the Chief Executive gave notice under section 31(15) of the old ACRA Act to a registered filing agent of the Chief Executive’s intention to take any action under section 31(10)(a), (b) or (c), (13) or (14) of that Act in respect of the registered filing agent; and

(b)

the Chief Executive has not made a decision in respect of the matter before that date,

the Chief Executive may continue to make a decision in respect of the taking of the action under section 31(10)(a), (b) or (c), (13) or (14) of the old ACRA Act and take the action, as if section 36 had not been enacted.

(2) Subject to subsection (3), where —(a)

the Chief Executive has taken or made a decision to take an action against a registered filing agent —(i)

in accordance with section 31(10)(a), (b) or (c), (13) or (14) of the old ACRA Act before the section 36 commencement date; or

(ii)

in accordance with subsection (1) on or after the section 36 commencement date; and

(b)

the registered filing agent is a registered corporate service provider under this Act,

then —

(c)

the ground on which the Chief Executive has taken or made the decision to take an action against the registered filing agent is treated as a ground on which an action may be taken under section 18(1) or 19(2) or (3); and

(d)

the action continues in force as if it were taken under that provision.

(3) Where —(a)

the Chief Executive suspends the registration of a registered filing agent —(i)

in accordance with section 31(13) or (14) of the old ACRA Act before the section 36 commencement date; or

(ii)

in accordance with subsection (1) on or after the section 36 commencement date; and

(b)

the registered filing agent is a registered corporate service provider under this Act,

the following apply:

(c)

the suspension of the registration is treated as a suspension imposed under section 19(2) or (3);

(d)

the suspension continues for the period determined by the Chief Executive, unless the suspension is earlier revoked by the Registrar under this Act.

(4) Where —(a)

on or after the section 36 commencement date, the Registrar discovers or is informed of any breach or alleged breach of a term or condition of registration of a registered filing agent that occurred or is alleged to have occurred before the section 36 commencement date; and

(b)

the registered filing agent is a registered corporate service provider under this Act,

the Registrar may commence an investigation and take regulatory action in respect of the breach or alleged breach under this Act, and for this purpose the breach or alleged breach is treated as a breach or alleged breach of a condition of registration of the registered corporate service provider under this Act.

(5) Where —(a)

an appeal has been made by a registered filing agent to the Minister under section 33(3) of the old ACRA Act before the section 36 commencement date; and

(b)

the appeal has not been dealt with or disposed of immediately before that date,

the appeal may be dealt with and disposed of by the Minister in accordance with section 33 of the old ACRA Act, as if section 36 had not been enacted.