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Companies Act 1967

Companies Act 1967 s 155A

s 155A Disqualification for being director in not less than 3 companies which were struck off within 5‑year period

155A.—(1) A person who —(a) had been a director of 3 or more companies which names had been struck off the register under section 344(4) read with section 344(1) within a period of 5 years; and (b) was, at the time the name of each company mentioned in paragraph (a) was struck off the register under section 344(4) read with section 344(1), a director of the company, must not act as director of, or in any way (whether directly or indirectly) take part in or be concerned in the management of, any company or any foreign company to which Division 2 of Part 11 applies for the period specified in subsection (1A). [Act 17 of 2023 wef 01/07/2023] (1A) The period mentioned in subsection (1) is —(a) where the person had previously been disqualified under this section (whether before, on or after the date of commencement of section 5 of the Companies, Business Trusts and Other Bodies (Miscellaneous Amendments) Act 2023) from acting as director of, or taking part in or being concerned in the management of, any company or any foreign company to which Division 2 of Part 11 applies, 5 years after the date on which the name (or names) of the last of the companies mentioned in subsection (1)(a) was (or were) struck off the register; or (b) in any other case, 3 years after the date on which the name (or names) of the last of the companies mentioned in subsection (1)(a) was (or were) struck off the register.[Act 17 of 2023 wef 01/07/2023] (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.[36/2014] (3) A person who is subject to a disqualification under subsection (1) may apply for permission to act as director of, or to take part in or be concerned in the management of, a company or a foreign company to which Division 2 of Part 11 applies during the period of disqualification to —(a) the Registrar; or (b) the Court, upon giving the Minister not less than 14 days’ notice of the person’s intention to apply for such permission.[Act 17 of 2023 wef 01/07/2023] (3A) An application under subsection (3)(b) cannot be made if an application has been made to the Registrar under subsection (3)(a) and the decision of the Registrar on the application is pending.[Act 17 of 2023 wef 01/07/2023] (3B) An application under subsection (3)(a) may be granted by the Registrar if the Registrar, having regard to such considerations as may be prescribed, thinks fit to do so.[Act 17 of 2023 wef 01/07/2023] (3C) An application under subsection (3)(b) may be granted by the Court if the Court thinks fit to do so.[Act 17 of 2023 wef 01/07/2023] (4) On the hearing of any application under this section, the Minister may be represented at the hearing and may oppose the granting of the application.[36/2014] (5) [Deleted by Act 17 of 2023 wef 01/07/2023] —(1) A person who —(a) had been a director of 3 or more companies which names had been struck off the register under section 344(4) read with section 344(1) within a period of 5 years; and (b) was, at the time the name of each company mentioned in paragraph (a) was struck off the register under section 344(4) read with section 344(1), a director of the company, must not act as director of, or in any way (whether directly or indirectly) take part in or be concerned in the management of, any company or any foreign company to which Division 2 of Part 11 applies for the period specified in subsection (1A). [Act 17 of 2023 wef 01/07/2023] (1A) The period mentioned in subsection (1) is —(a) where the person had previously been disqualified under this section (whether before, on or after the date of commencement of section 5 of the Companies, Business Trusts and Other Bodies (Miscellaneous Amendments) Act 2023) from acting as director of, or taking part in or being concerned in the management of, any company or any foreign company to which Division 2 of Part 11 applies, 5 years after the date on which the name (or names) of the last of the companies mentioned in subsection (1)(a) was (or were) struck off the register; or (b) in any other case, 3 years after the date on which the name (or names) of the last of the companies mentioned in subsection (1)(a) was (or were) struck off the register.[Act 17 of 2023 wef 01/07/2023] (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.[36/2014] (3) A person who is subject to a disqualification under subsection (1) may apply for permission to act as director of, or to take part in or be concerned in the management of, a company or a foreign company to which Division 2 of Part 11 applies during the period of disqualification to —(a) the Registrar; or (b) the Court, upon giving the Minister not less than 14 days’ notice of the person’s intention to apply for such permission.[Act 17 of 2023 wef 01/07/2023] (3A) An application under subsection (3)(b) cannot be made if an application has been made to the Registrar under subsection (3)(a) and the decision of the Registrar on the application is pending.[Act 17 of 2023 wef 01/07/2023] (3B) An application under subsection (3)(a) may be granted by the Registrar if the Registrar, having regard to such considerations as may be prescribed, thinks fit to do so.[Act 17 of 2023 wef 01/07/2023] (3C) An application under subsection (3)(b) may be granted by the Court if the Court thinks fit to do so.[Act 17 of 2023 wef 01/07/2023] (4) On the hearing of any application under this section, the Minister may be represented at the hearing and may oppose the granting of the application.[36/2014] (5) [Deleted by Act 17 of 2023 wef 01/07/2023]

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