s 61 Disqualification to act as manager on conviction for certain offences
61.—(1) Where a person is convicted (whether in Singapore or elsewhere) of any offence involving fraud or dishonesty punishable with imprisonment for 3 months or more, the person is subject to the disqualifications provided in subsection (3). (2) Where a person is convicted in Singapore of —(a) any offence in connection with the formation or management of a limited liability partnership; or (b) any offence under paragraph 93 of the Fifth Schedule, the court may make a disqualification order in addition to any other sentence imposed. [35/2014] (3) Subject to any permission which the General Division of the High Court may give pursuant to an application under subsection (5), a person who —(a) is disqualified under subsection (1); or (b) has had a disqualification order made against the person under subsection (2), must not act as a manager of a limited liability partnership during the period of the disqualification or disqualification order. [35/2014; 40/2019] [Act 25 of 2021 wef 01/04/2021] (4) Where a disqualified person —(a) has not been sentenced to imprisonment, the disqualifications in subsection (3) take effect upon conviction and continue for a period of 5 years or for such shorter period as the court may order under subsection (2); (b) has been sentenced to imprisonment, the disqualifications in subsection (3) take effect upon conviction and continue for a period of 5 years after his or her release from prison. (5) A person who —(a) is disqualified under subsection (1); or (b) has had a disqualification order made against the person under subsection (2), may apply to the General Division of the High Court for permission to act as a manager of a limited liability partnership during the period of the disqualification or disqualification order, upon giving the Minister at least 14 days’ notice of the person’s intention to apply for such permission. [35/2014; 40/2019] [Act 25 of 2021 wef 01/04/2021] (6) On the hearing of any application under subsection (5), the Minister may be represented at the hearing and may oppose the granting of the application.[35/2014] (7) A person who contravenes subsection (3) 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.[35/2014] (8) Without affecting section 87, a District Court may make a disqualification order under this section.[36