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Land Surveyors Act 1991 PART 6 — MULTIDISCIPLINE AND CORPORATE PRACTICE

s 17–s 23 · 7 sections

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Licence for multidiscipline and corporate practice

s 17

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17.—(1) Subject to the provisions of this Act, the Board may grant a licence to any limited corporation to supply survey services in Singapore if —(a) the memorandum of association of the corporation provides that a primary object of the corporation is to supply survey services; (b) it has a paid-up capital of at least $1 million; (c) the articles of association of the corporation provide that a prescribed number or proportion of the directors of the corporation must be registered surveyors or allied professionals, who each has in force a practising certificate; (d) the business of the corporation, so far as it relates to survey work in Singapore, will be under the control and management of a director of the corporation who —(i) is a registered surveyor who has in force a practising certificate; and (ii) is authorised under a resolution of the board of directors of the corporation to make all final survey decisions on behalf of the corporation with respect to the requirements of this Act or any other law relating to the supply of survey services by the corporation; and (e) the corporation is insured against professional liability in accordance with section 21 and the rules made under section 38. (2) Subject to the provisions of this Act, the Board may grant a licence to any unlimited corporation to supply survey services in Singapore if —(a) the memorandum of association of the corporation provides that a primary object of the corporation is to supply survey services; (b) the articles of association of the corporation provide that —(i) a person must not be a director of the corporation unless the person is either a registered surveyor or an allied professional, who has in force a practising certificate; and (ii) a person must not be registered as a member of the corporation unless the person is —(A) a registered surveyor or an allied professional, or a nominee of such a person; and (B) a director, a manager or an employee of the corporation; and (c) the business of the corporation, so far as it relates to survey work in Singapore, will be under the control and management of a director of the corporation who —(i) is a registered surveyor who has in force a practising certificate; (ii) is a member, or a registered owner of at least one share, of the corporation; and (iii) is authorised under a resolution of the board of directors of the corporation to make all final survey decisions on behalf of the corporation with respect to the requirements of this Act or any other law relating to the supply of survey services by the corporation. (3) Subject to the provisions of this Act, the Board may grant a licence to any partnership not consisting wholly of registered surveyors to supply survey services in Singapore if —(a) the partnership is one in which only registered surveyors and allied professionals (who each has in force a practising certificate) have a beneficial interest in the capital assets and profits of the partnership; and (b) the business of the partnership, so far as it relates to survey work in Singapore, will be under the control and management of a partner who is a registered surveyor and has in force a practising certificate. (4) Subject to the provisions of this Act, the Board may grant a licence to any limited liability partnership to supply survey services in Singapore if —(a) the statement lodged by the partners of the limited liability partnership with the Registrar of Limited Liability Partnerships under section 19(1) of the Limited Liability Partnerships Act 2005 provides that a primary nature of the business of the limited liability partnership is to supply survey services in Singapore; (b) the partners in the limited liability partnership consist only of persons who satisfy any requirements that the Board may, with the approval of the Minister, prescribe; (c) at least one of the partners of the limited liability partnership is a registered surveyor who has in force a practising certificate; (d) the business of the limited liability partnership, so far as it relates to survey services in Singapore, will be under the control and management of a partner who —(i) is a registered surveyor who has in force a practising certificate; and (ii) is authorised under a resolution of the partners of the limited liability partnership to make all final survey decisions on behalf of the limited liability partnership with respect to the requirements of this Act, the rules or any other law relating to the supply of survey services by the limited liability partnership; and (e) the limited liability partnership is insured against professional liability in accordance with section 21 and the rules made under section 38. (5) Any application for a licence under this section must be in such form and be made in such manner as may be prescribed. (6) The Board may refuse to grant a licence under this section to any corporation (whether unlimited or not), partnership or limited liability partnership if, in the opinion of the Board, the past conduct of any director, manager or employee of the corporation or any partner, manager or employee of the partnership or limited liability partnership provides reasonable grounds for believing that the corporation, partnership or limited liability partnership (as the case may be) will not supply survey services in accordance with any written law and with honesty and integrity. (7) Every licence granted under this section is, unless earlier revoked, valid for such period as may be specified in the licence. (8) Any person whose application for a licence has been refused by the Board may, within 30 days after being notified of the refusal, appeal to the Minister whose decision is final. (9) In subsection (1), “prescribed number or proportion of the directors” means —(a) a majority of the directors, where no number or proportion is specified under paragraph (b); or (b) such number or proportion of the directors as the Minister may, by notification in the Gazette, specify for the purposes of subsection (1).

Conditions of licence

s 18

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18.—(1) It is a condition of every licence granted to any corporation, partnership or limited liability partnership that the corporation, partnership or limited liability partnership (as the case may be) must supply survey services in Singapore only under the control and management of a registered surveyor who has in force a practising certificate and who is —(a) in the case of a limited corporation — a director or an employee of the corporation; (b) in the case of an unlimited corporation which has a share capital — either a director or an employee of the corporation who is a registered owner of at least one share of the corporation; (c) in the case of an unlimited corporation which does not have any share capital — either a director or an employee of the corporation who is a member of the corporation; (d) in the case of a limited liability partnership — a partner or an employee of the limited liability partnership; or (e) in the case of a partnership — a partner of the partnership. (2) It is a condition of every licence granted to any corporation (other than an unlimited corporation) or to any limited liability partnership that the corporation or limited liability partnership must not supply survey services in Singapore unless the corporation or limited liability partnership is insured in respect of professional liability in accordance with section 21 and the rules made under section 38. (3) Without affecting subsections (1) and (2), the Board may —(a) grant a licence subject to such other conditions as it thinks fit; and (b) at any time vary any existing conditions (other than those specified in subsections (1) and (2)) of such a licence or impose additional conditions thereto. (4) Where a licence is granted by the Board to a corporation, partnership or limited liability partnership subject to conditions (other than those specified in subsections (1) and (2)), the corporation, partnership or limited liability partnership may, if aggrieved by the decision of the Board, appeal in the prescribed manner to the Minister whose decision is final.

Change in composition of board of directors, members, etc.

s 19

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19.—(1) Any licensed corporation must, within 30 days of the occurrence of —(a) any alteration of its memorandum or articles of association to remove the restrictions, limitations or prohibitions of the kind specified in section 17(1), (2) or (4), whichever is applicable; (b) any change in the composition of its board of directors, members or shareholders; or (c) any revocation of any resolution passed by the board of directors under section 17(1)(d)(ii) or (2)(c)(iii), provide the Board a true written report giving full particulars of the alteration, change or revocation, as the case may be. (2) Any licensed partnership must, within 30 days of the occurrence of any change in the composition of its members, provide the Board a true written report giving full particulars of the change. (3) Any licensed limited liability partnership must, within 30 days of the occurrence of any change in the composition of its partners, provide the Board a true written report giving full particulars of the change.

Application of Companies Act 1967

s 20

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20.—(1) Sections 162, 163 and 197 of the Companies Act 1967 apply to a licensed corporation which is an exempt private company subject to the modification that any reference in those sections to an exempt private company does not include a reference to the licensed corporation.[36/2014] (2) Every such licensed corporation must —(a) comply with the prohibitions in sections 162 and 163 of the Companies Act 1967 as if it were not an exempt private company; and (b) forward annually to the Registrar of Companies, together with the annual return required by section 197 of the Companies Act 1967, any copies of documents that are required to be included in the annual return and any certificates and particulars in accordance with the prescribed form mentioned in section 197(2) of that Act as if it were not an exempt private company.[36/2014] (3) In this section, “exempt private company” has the meaning given by the Companies Act 1967.

Liability insurance

s 21

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21. Every licensed corporation which is not an unlimited corporation and every licensed limited liability partnership must be insured against liability for any breach of professional duty arising out of the conduct of its business of supplying survey services as a direct result of any negligent act, error or omission committed by —(a) in the case of a corporation — the corporation or its directors, managers, secretaries or employees; or (b) in the case of a limited liability partnership — the partnership or its partners, managers or employees.

Relationship between client and licensed corporation or licensed limited liability partnership

s 22

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22. A licensed corporation or a licensed limited liability partnership has the same rights and is subject to the same obligations in respect of fiduciary, confidential and ethical relationships with each client of the corporation or limited liability partnership (as the case may be) that exist at law between a registered surveyor and his or her client.

Professional responsibility of supervising surveyor

s 23

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23. A registered surveyor who has the control and management of the business of a licensed corporation, licensed partnership or licensed limited liability partnership relating to the supply of survey services in Singapore is subject to the same standards of professional conduct and competence in respect of the business as if the survey services were personally supplied by the registered surveyor.

Back to Land Surveyors Act 1991 — full text

Provisions on this page are reproduced verbatim from official open data. See the attribution line.

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗

Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.

The Singapore legislation on this platform is subject to copyright of the Singapore Government and is used/reproduced for the purposes of this platform with the permission of the Attorney-General's Chambers. Users of this platform may check Singapore Statutes Online for the latest version of the Singapore legislation.

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