s 51 Offences by bodies corporate, etc.
51.—(1) Where an offence committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of —(a) any director, manager, secretary or other similar officer of the body corporate; or (b) any person who was purporting to act in any such capacity, he or she, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate. (3) Where an offence committed by a partnership is proved —(a) to have been committed with the consent or connivance of any partner of the partnership; or (b) to be attributable to any neglect on the part of any partner of the partnership, he or she, as well as the partnership, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly; and a fine imposed on a partnership in such proceedings are to be paid out of the partnership assets. (4) Where an offence committed by an unincorporated association (other than a partnership) is proved —(a) to have been committed with the consent or connivance of any officer of the unincorporated association or any member of its governing body, as the case may be; or (b) to be attributable to any neglect on the part of any such officer or member, he or she, as well as the unincorporated association, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (5) In this section —“body corporate” includes a limited liability partnership (which has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005); “offence” means an offence under this Act or any regulations made under this Act; “officer” —(a) in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or (b) in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of such a committee and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner. (6) The Minister may make regulations providing for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.[34B