# legal_provisions

document_id: bcispa-2004
provision_ref: s28A
chapter: PART 6 - GENERAL PROVISIONS RELATING TO ADJUDICATION
section: 28A
title: Authorised nominating body to maintain trust account
content:
28A. —(1) An authorised nominating body must open and maintain a trust account with a bank for the purpose of holding the adjudicated amount mentioned in section 18(3). [47/2018] (2) An authorised nominating body must not withdraw any money from a trust account except for the purpose of subsection (3) or making a payment under section 22(3). [47/2018] (3) All interest earned from the maintenance of adjudicated amounts received in a trust account accrue to the authorised nominating body, which may dispose of the interest in such manner as the authorised nominating body considers fit. [47/2018] (4) Money held in a trust account is not available for payment of the debts of an authorised nominating body or liable to be paid or taken under or pursuant to an enforcement order or process of a court. [47/2018] [Act 25 of 2021 wef 01/04/2022] (5) Nothing in subsection (4) takes away or affects any lawful claim that a claimant or a respondent has against money held in a trust account. [47/2018] (6) In this section — “bank” has the meaning given by the Banking Act 1970; “trust account” means a current or deposit account maintained in the name of the authorised nominating body at a bank, in the title of which the words “BCISOPA ANB — Adjudicated Amount Client Account” appear. [47/2018]


document_id: bcispa-2004
provision_ref: s29
chapter: PART 6 - GENERAL PROVISIONS RELATING TO ADJUDICATION
section: 29
title: Eligibility criteria for adjudicators
content:
29. —(1) A person is eligible to be on the register of adjudicators established under section 28(4)( a ) if the person is an individual with such qualifications, expertise or experience as may be prescribed. (2) A person is not eligible to be an adjudicator in relation to a contract — ( a ) if the person is a party to the contract, or is otherwise related to a party to the contract in such manner as may be prescribed; or ( b ) if there exists such circumstances as may be prescribed. (3) A person to whom an adjudication application has been referred by the authorised nominating body under section 14, 14A, 18 or 18A, and who — ( a ) is or becomes interested in any way, whether directly or indirectly, in any contract or other matter that relates to the adjudication application; or ( b ) is or becomes aware that the person — (i) does not meet the eligibility criteria in subsection (1); or (ii) is not eligible to be an adjudicator in relation to a contract for any reason mentioned in subsection (2)( a ) or ( b ), must immediately disclose the nature of his or her interest, the nature of his or her ineligibility or the reason for which he or she is not eligible (as the case may be) to the authorised nominating body. [47/2018]


document_id: bcispa-2004
provision_ref: s30
chapter: PART 6 - GENERAL PROVISIONS RELATING TO ADJUDICATION
section: 30
title: Costs of adjudication proceedings
content:
30. —(1) The costs of any adjudication must not exceed such amount as the Minister may prescribe. (2) An adjudicator must, in making a determination in relation to any adjudication application, decide which party must pay the costs of the adjudication and (where applicable) the amount of contribution by each party. (3) Where an adjudicator is satisfied that a party to an adjudication incurred costs of the adjudication because of frivolous or vexatious conduct on the part of, or unfounded submissions by, another party, the adjudicator may decide that the other party must pay some or all of those costs. (4) A party to an adjudication must bear all other costs and expenses incurred as a result of or in relation to the adjudication, but may include the whole or any part thereof in any claim for costs in any proceeding before a court or tribunal or in any other dispute resolution proceeding.


document_id: bcispa-2004
provision_ref: s31
chapter: PART 6 - GENERAL PROVISIONS RELATING TO ADJUDICATION
section: 31
title: Adjudicator’s fees and expenses
content:
31. —(1) Subject to this section, an adjudicator is entitled to be paid, in relation to an adjudication application — ( a ) such fees as may be specified by the authorised nominating body which appointed the adjudicator; and ( b ) such amount, by way of expenses, as may be agreed between the adjudicator and the parties to the adjudication or, if no such amount is agreed, then as the authorised nominating body considers to be reasonable having regard to the work done and expenses incurred by the adjudicator. (2) An adjudicator is not entitled to be paid, and must not retain, any fee in relation to an adjudication application if the adjudicator fails to make a determination on the application within the time allowed by section 17 or 19 (as the case may be) otherwise than because the application is withdrawn or terminated or the dispute between the claimant and respondent is settled. [47/2018] (3) Subsection (2) does not apply — ( a ) in circumstances in which an adjudicator requires payment of the fees mentioned in subsection (1) before the issue of the adjudicator’s determination on the adjudication application; or ( b ) in such other circumstances as may be prescribed. [47/2018] (4) Where an adjudication application is withdrawn or terminated or the dispute between the claimant and the respondent is settled, the adjudicator is entitled to be paid the fees and expenses incurred in relation to the adjudication up to, and including, the date on which the adjudication application is withdrawn or terminated or the dispute is settled, as the case may be. (5) For the purposes of subsection (4) — ( a ) in the case of the withdrawal of an adjudication application — the applicant is liable to pay the fees and expenses of the adjudicator; and ( b ) in any other case — the parties to the adjudication are jointly and severally liable to pay the fees and expenses of the adjudicator. (6) An adjudicator may recover the adjudicator’s fees and expenses from a person liable to pay them as a debt due to the adjudicator.


document_id: bcispa-2004
provision_ref: s32
chapter: PART 6 - GENERAL PROVISIONS RELATING TO ADJUDICATION
section: 32
title: Protection from liability for adjudicators and authorised nominating bodies
content:
32. —(1) No liability shall lie against an adjudicator with respect to anything done or omitted to be done in good faith in the discharge or purported discharge of the adjudicator’s functions or duties under this Act. [47/2018] (2) No liability shall lie against an authorised nominating body or any person acting under the direction of the authorised nominating body with respect to anything done or omitted to be done — ( a ) in good faith in the discharge or purported discharge of the authorised nominating body’s function of nominating adjudicators under this Act; and ( b ) in good faith and with reasonable care in the discharge or purported discharge of any other functions or duties of the authorised nominating body under this Act. [47/2018]


document_id: bcispa-2004
provision_ref: s33
chapter: PART 6 - GENERAL PROVISIONS RELATING TO ADJUDICATION
section: 33
title: Confidentiality of adjudication
content:
33. —(1) This section applies to the following information: ( a ) any statement or document created or made for the purposes of an adjudication; ( b ) any information (whether written or oral) that, for the purposes of an adjudication, is disclosed in the course of the adjudication. (2) No party to a dispute or adjudicator may disclose to any other person (not being the principal or the owner concerned) any information to which this section applies, except — ( a ) with the consent of the party to whom the information relates; ( b ) to the extent that the information is already in the public domain; ( c ) to the extent that the disclosure is necessary for the purposes of, or in connection with, the adjudication, the enforcement of the adjudicator’s determination, or any proceeding before a court or tribunal or any other dispute resolution proceeding; ( d ) to the extent that the disclosure is required for any purpose under this Act; or ( e ) if the information will not be published in a form that could reasonably be expected to identify any particular person.


document_id: bcispa-2004
provision_ref: s34
chapter: PART 6 - GENERAL PROVISIONS RELATING TO ADJUDICATION
section: 34
title: Effect on other proceedings
content:
34. —(1) Nothing in this Act affects any right that a party to a contract may have — ( a ) to submit a dispute relating to or arising from the contract to a court or tribunal, or to any other dispute resolution proceeding; ( b ) to apply for adjudication under this Act, even though the dispute is the subject of proceedings in a court or tribunal or the subject of any other dispute resolution proceeding; or ( c ) to take any measures to which that party is entitled under Part 5 to enforce payment of any adjudicated amount. (2) If a party to a contract submits a dispute relating to or arising from the contract to a court or tribunal or to any other dispute resolution proceeding while the dispute is the subject of an adjudication under this Act, the submission to that other dispute resolution proceeding does not bring to an end or otherwise affect the adjudication. (3) An adjudicator must terminate the adjudication proceedings on a dispute relating to or arising from the contract if, before the adjudicator determines the dispute, the dispute is determined by a court or tribunal or at any other dispute resolution proceeding. (4) In any proceeding before a court or tribunal in relation to any matter arising under or by virtue of a contract, the court or tribunal — ( a ) is to allow for any amount paid to a party to the contract under, or for the purposes of, this Act in any order or award it makes in the proceeding; and ( b ) may make such orders as it considers appropriate, having regard to any action taken by a party to the contract in good faith and in reliance on an adjudication determination made under this Act.


document_id: bcispa-2004
provision_ref: s36
chapter: PART 7 - MISCELLANEOUS
section: 36
title: No contracting out
content:
36. —(1) The provisions of this Act have effect despite any provision to the contrary in any contract or agreement. (2) The following provisions in any contract or agreement (whether in writing or not) are void: ( a ) a provision under which the operation of this Act or any part of this Act is, or is purported to be, excluded, modified, restricted or in any way prejudiced, or that has the effect of excluding, modifying, restricting or prejudicing the operation of this Act or any part of this Act; ( b ) a provision that may reasonably be construed as an attempt to deter a person from taking action under this Act. (3) The Minister may, for the purpose of subsection (2)( a ), prescribe the type of provisions in any contract or agreement, or any class thereof, which are deemed to have the effect of excluding, modifying, restricting or prejudicing the operation of this Act or any part of this Act. (4) Except as provided in subsection (1), nothing in this Act limits or otherwise affects the operation of any other law in relation to any right, title, interest, privilege, obligation or liability of a person arising under or by virtue of a contract or an agreement.


document_id: bcispa-2004
provision_ref: s37
chapter: PART 7 - MISCELLANEOUS
section: 37
title: Service of documents
content:
37. —(1) Where this Act authorises or requires a document to be served on a person, whether the expression “serve”, “lodge”, “provide” or “submit” or any other expression is used, the document must be served on the person — ( a ) by delivering it to the person personally; ( b ) by leaving it during normal business hours at the person’s usual place of business; ( c ) by sending it by post or fax to the person’s usual or last known place of business; ( d ) by sending it by email to the person’s email address; or ( e ) by sending it by any other electronic method authorised by regulations made under section 41(1) for the service of documents of that kind if the person consents to service of a document of that kind in that way. [47/2018] (2) Service of a document on a person under this section takes effect — ( a ) if the document is sent to the person’s usual or last known place of business under subsection (1)( c ) — when the document is received at that place; ( b ) if the document is sent by email — at the time that the email becomes capable of being retrieved by the person; or ( c ) if the document is sent by any other electronic method mentioned in subsection (1)( e ) — at the time that the electronic communication transmitting the document becomes capable of being retrieved by the person. [47/2018] (3) In this section, “email address” means — ( a ) the last email address given by the addressee concerned to the person serving the document as the email address for the service of documents; or ( b ) the last email address of the addressee concerned known to the person serving the document. [47/2018] (4) The provisions of this section are in addition to, and do not limit or exclude, the provisions of any other law with respect to the service of documents.


document_id: bcispa-2004
provision_ref: s38
chapter: PART 7 - MISCELLANEOUS
section: 38
title: Exemption
content:
38. The Minister may, by regulations, exempt — ( a ) any person or class of persons; or ( b ) any, or any class of, contract, agreement, matter or transaction, from all or any of the provisions of this Act, subject to such terms or conditions as may be prescribed.


document_id: bcispa-2004
provision_ref: s39
chapter: PART 7 - MISCELLANEOUS
section: 39
title: Amendment of specified periods
content:
39. The Minister may, by order in the Gazette , amend section 8(1)( b ), (2), (3)( b ) or (4), 10(2)( b ), 11(1)( a ) or ( b ), 12(6), 13(3)( a ), 14(3), 14A(3), 15(1), 17(1)( a ) or ( b ), 18(2) or (6), 18A(3), 19(6), 22(1)( a ), (2)( a ) or ( b ), (3)( a ) or (4)( a ), 24(2)( b ) or (3), 25(2)( c ) or 26(1)( c ), (4) or (5) by substituting a different period for the period for the time being specified therein. [47/2018]


document_id: bcispa-2004
provision_ref: s40
chapter: PART 7 - MISCELLANEOUS
section: 40
title: Delegation of powers
content:
40. —(1) The Minister may, subject to such terms or conditions as the Minister thinks fit, delegate to any person all or any of the Minister’s powers, functions and duties under this Act, except — ( a ) the power of delegation conferred by this section; and ( b ) the power to make subsidiary legislation. (2) The Minister may exercise any power or perform any function or duty conferred upon the Minister under this Act despite the delegation of that power, function or duty under subsection (1).


document_id: bcispa-2004
provision_ref: s41
chapter: PART 7 - MISCELLANEOUS
section: 41
title: Regulations
content:
41. —(1) The Minister may make regulations for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) Without limiting subsection (1), regulations may be made for or in connection with — ( a ) the forms to be used and the information or documents to be furnished; ( b ) the manner in which authorised nominating bodies are required to exercise their functions or perform their duties; ( c ) the form of records to be kept and maintained by the authorised nominating bodies, the information to be recorded and the submission of such records; and ( d ) the conduct of adjudicators.


document_id: bea-1949
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “acceptance” means an acceptance completed by delivery or notification; “Authority” means the Monetary Authority of Singapore established under the Monetary Authority of Singapore Act 1970; “bank holiday” and “public holiday” respectively include any day declared to be such under any written law for the time being in force and includes any day (other than a Sunday) observed as a weekly holiday; “banker” includes a body of persons, whether incorporated or not, who carry on the business of banking; “bankrupt” includes any person whose estate is vested in a trustee or assignee under the law for the time being in force relating to bankruptcy; “bearer” means the person in possession of a bill or note which is payable to bearer; “bill” means bill of exchange; “delivery” means transfer of possession, actual or constructive, from one person to another; “holder” means the payee or indorsee of a bill or note who is in possession of it, or the bearer thereof; “indorsement” means an indorsement completed by delivery; “issue” means the first delivery of a bill or note, complete in form, to a person who takes it as a holder; “note” means promissory note; “Singapore bill” means a bill drawn payable in Singapore currency; “suit” includes action, counterclaim and set-off; “value” means valuable consideration.


document_id: bea-1949
provision_ref: s3
chapter: PART 2 - BILLS OF EXCHANGE
section: 3
title: Bill of exchange defined
content:
3. —(1) A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to, or to the order of, a specified person, or to bearer. (2) An instrument which does not comply with these conditions, or which orders any act to be done in addition to the payment of money, is not a bill of exchange. (3) An order to pay out of a particular fund is not unconditional within the meaning of this section. (4) An unqualified order to pay, coupled with — ( a ) an indication of a particular fund out of which the drawee is to reimburse himself or a particular account to be debited with the amount; or ( b ) a statement of the transaction which gives rise to the bill, is unconditional. (5) A bill is not invalid by reason — ( a ) that it is not dated; ( b ) that it does not specify the value given, or that any value has been given therefor; or ( c ) that it does not specify the place where it is drawn or the place where it is payable.


document_id: bea-1949
provision_ref: s4
chapter: PART 2 - BILLS OF EXCHANGE
section: 4
title: Inland and foreign bills
content:
4. —(1) An inland bill is a bill which is, or on the face of it purports to be — ( a ) both drawn and payable within Singapore; or ( b ) drawn within Singapore upon some person resident in Singapore. (2) Any other bill is a foreign bill. (3) Unless the contrary appears on the face of the bill, the holder may treat it as an inland bill.


document_id: bea-1949
provision_ref: s5
chapter: PART 2 - BILLS OF EXCHANGE
section: 5
title: Effect where different parties to bill are the same person
content:
5. —(1) A bill may be drawn payable to, or to the order of, the drawer; or it may be drawn payable to, or to the order of, the drawee. (2) Where in a bill, drawer and drawee are the same person or where the drawee is a fictitious person or a person not having capacity to contract, the holder may treat the instrument, at his option, either as a bill of exchange or as a promissory note.


document_id: bea-1949
provision_ref: s6
chapter: PART 2 - BILLS OF EXCHANGE
section: 6
title: Address to drawee
content:
6. —(1) The drawee must be named or otherwise indicated in a bill with reasonable certainty. (2) A bill may be addressed to 2 or more drawees whether they are partners or not, but an order addressed to 2 drawees in the alternative or to 2 or more drawees in succession is not a bill of exchange.


document_id: bea-1949
provision_ref: s7
chapter: PART 2 - BILLS OF EXCHANGE
section: 7
title: Certainty required as to payee
content:
7. —(1) Where a bill is not payable to bearer, the payee must be named or otherwise indicated therein with reasonable certainty. (2) A bill may be made payable to 2 or more payees jointly, or it may be made payable in the alternative to one of 2, or one or some of several payees. (3) A bill may also be made payable to the holder of an office for the time being. (4) Where the payee is a fictitious or non-existing person the bill may be treated as payable to bearer.


document_id: bea-1949
provision_ref: s8
chapter: PART 2 - BILLS OF EXCHANGE
section: 8
title: What bills are negotiable
content:
8. —(1) When a bill contains words prohibiting transfer, or indicating an intention that it should not be transferable, it is valid as between the parties thereto, but is not negotiable. (2) A negotiable bill may be payable either to order or to bearer. (3) A bill is payable to bearer which is expressed to be so payable, or on which the only or last indorsement is an indorsement in blank. (4) A bill is payable to order which is expressed to be so payable, or which is expressed to be payable to a particular person, and does not contain words prohibiting transfer or indicating an intention that it should not be transferable. (5) Where a bill, either originally or by indorsement, is expressed to be payable to the order of a specified person, and not to him or his order, it is nevertheless payable to him or his order at his option.


document_id: bea-1949
provision_ref: s9
chapter: PART 2 - BILLS OF EXCHANGE
section: 9
title: Sum payable
content:
9. —(1) The sum payable by a bill is a sum certain within the meaning of this Act, although it is required to be paid — ( a ) with interest; ( b ) by stated instalments; ( c ) by stated instalments, with a provision that upon default in payment of any instalment the whole shall become due; ( d ) according to an indicated rate of exchange or according to a rate of exchange to be ascertained as directed by the bill. (2) Where the sum payable is expressed in words and also in figures, and there is a discrepancy between the 2, the sum denoted by the words is the amount payable. (3) Where a bill is expressed to be payable with interest, unless the instrument otherwise provides, interest runs from the date of the bill, and, if the bill is undated, from the issue thereof.


document_id: bea-1949
provision_ref: s10
chapter: PART 2 - BILLS OF EXCHANGE
section: 10
title: Bill payable on demand
content:
10. —(1) A bill is payable on demand — ( a ) which is expressed to be payable on demand, or at sight, or on presentation; or ( b ) in which no time for payment is expressed. (2) Where a bill is accepted or indorsed when it is overdue, it shall, as regards the acceptor who so accepts it, or any indorser who so indorses it, be deemed a bill payable on demand.


document_id: bea-1949
provision_ref: s11
chapter: PART 2 - BILLS OF EXCHANGE
section: 11
title: Bill payable at future time
content:
11. —(1) A bill is payable at a determinable future time within the meaning of this Act which is expressed to be payable — ( a ) at a fixed period after date or sight; or ( b ) on or at a fixed period after the occurrence of a specified event which is certain to happen, though the time of happening may be uncertain. (2) An instrument expressed to be payable on a contingency is not a bill, and the happening of the event does not cure the defect.


document_id: bea-1949
provision_ref: s12
chapter: PART 2 - BILLS OF EXCHANGE
section: 12
title: Omission of date in bill payable after date or acceptance after sight
content:
12. —(1) Subject to subsection (2), where a bill expressed to be payable at a fixed period after date is issued undated, or where the acceptance of a bill payable at a fixed period after sight is undated, any holder may insert therein the true date of issue or acceptance, and the bill shall be payable accordingly. (2) Where the holder in good faith and by mistake inserts a wrong date, and in every case where a wrong date is inserted, if the bill subsequently comes into the hands of a holder in due course, the bill shall not be avoided thereby, but shall operate and be payable as if the date so inserted had been the true date.


document_id: bea-1949
provision_ref: s13
chapter: PART 2 - BILLS OF EXCHANGE
section: 13
title: Antedating and post-dating
content:
13. —(1) Where a bill or an acceptance or any indorsement on a bill is dated, the date shall, unless the contrary is proved, be deemed to be the true date of the drawing, acceptance, or indorsement, as the case may be. (2) A bill is not invalid by reason only that it is antedated or post‑dated.


document_id: bea-1949
provision_ref: s14
chapter: PART 2 - BILLS OF EXCHANGE
section: 14
title: Computation of time of payment
content:
14. Where a bill is not payable on demand, the day on which it falls due is determined as follows: ( a ) 3 days, called days of grace, are, in every case where the bill itself does not otherwise provide, added to the time of payment as fixed by the bill, and the bill is due and payable on the last day of grace: Provided that — (i) in the case of a Singapore bill or in the case of such other bills as the Minister may from time to time by notification in the Gazette prescribe for the purposes of this paragraph, when the last day of grace falls on a Sunday, public holiday or bank holiday; and (ii) in the case of any other bill when the last day of grace falls on a Saturday, Sunday, public holiday or bank holiday, the bill shall be due and payable on the next succeeding business day; ( b ) where a bill is payable at a fixed period after date, after sight, or after the happening of a specified event, the time of payment is determined by excluding the day from which the time is to begin to run and by including the day of payment; ( c ) where a bill is payable at a fixed period after sight, the time begins to run from the date of the acceptance if the bill be accepted, and from the date of noting or protest if the bill be noted or protested for non‑acceptance, or for non‑delivery; ( d ) the term “month” in a bill means calendar month.


document_id: bea-1949
provision_ref: s15
chapter: PART 2 - BILLS OF EXCHANGE
section: 15
title: Case of need
content:
15. —(1) The drawer of a bill and any indorser may insert therein the name of a person to whom the holder may resort in case of need, that is to say, in case the bill is dishonoured by non-acceptance or non‑payment. (2) Such person is called the referee in case of need. (3) It is in the option of the holder to resort to the referee in case of need or not, as he may think fit.


document_id: bea-1949
provision_ref: s16
chapter: PART 2 - BILLS OF EXCHANGE
section: 16
title: Optional stipulations by drawer or indorser
content:
16. The drawer of a bill, and any indorser, may insert therein an express stipulation — ( a ) negativing or limiting his own liability to the holder; ( b ) waiving as regards himself some or all of the holder’s duties.


document_id: bea-1949
provision_ref: s17
chapter: PART 2 - BILLS OF EXCHANGE
section: 17
title: Definition and requisites of acceptance
content:
17. —(1) The acceptance of a bill is the signification by the drawee of his assent to the order of the drawer. (2) An acceptance is invalid unless it complies with the following conditions, namely: ( a ) it must be written on the bill and be signed by the drawee; the mere signature of the drawee without additional words is sufficient; ( b ) it must not express that the drawee will perform his promise by any other means than the payment of money.


document_id: bea-1949
provision_ref: s18
chapter: PART 2 - BILLS OF EXCHANGE
section: 18
title: Time for acceptance
content:
18. —(1) A bill may be accepted — ( a ) before it has been signed by the drawer, or while otherwise incomplete; ( b ) when it is overdue, or after it has been dishonoured by a previous refusal to accept, or by non-payment. Date of acceptance after previous dishonour (2) When a bill payable after sight is dishonoured by non‑acceptance, and the drawee subsequently accepts it, the holder, in the absence of any different agreement, is entitled to have the bill accepted as of the date of first presentment to the drawee for acceptance.


document_id: bea-1949
provision_ref: s19
chapter: PART 2 - BILLS OF EXCHANGE
section: 19
title: General and qualified acceptances
content:
19. —(1) An acceptance is either general or qualified. (2) A general acceptance assents without qualification to the order of the drawer. (3) A qualified acceptance in express terms varies the effect of the bill as drawn. (4) In particular, an acceptance is qualified which is — ( a ) conditional, that is to say, which makes payment by the acceptor dependent on the fulfilment of a condition therein stated; ( b ) partial, that is to say, an acceptance to pay part only of the amount for which the bill is drawn; ( c ) local, that is to say, an acceptance to pay only at a particular specified place; ( d ) qualified as to time; ( e ) the acceptance of some one or more of the drawees, but not of all. (5) An acceptance to pay at a particular place is a general acceptance, unless it expressly states that the bill is to be paid there only, and not elsewhere.


document_id: bea-1949
provision_ref: s20
chapter: PART 2 - BILLS OF EXCHANGE
section: 20
title: Inchoate instruments
content:
20. —(1) Where a simple signature on a blank stamped paper is delivered by the signer in order that it may be converted into a bill, it operates as prima facie authority to fill it up as a complete bill for any amount the stamp will cover, using the signature for that of the drawer, or the acceptor, or an indorser; and, in like manner, when a bill is wanting in any material particular, the person in possession of it has a prima facie authority to fill up the omission in any way he thinks fit. (2) Subject to subsection (4), in order that any such instrument when completed may be enforceable against any person who became a party thereto prior to its completion, it must be filled up within a reasonable time and strictly in accordance with the authority given. (3) Reasonable time for the purpose of subsection (2) is a question of fact. (4) If any such instrument after completion is negotiated to a holder in due course it shall be valid and effectual for all purposes in his hands, and he may enforce it as if it had been filled up within a reasonable time and strictly in accordance with the authority given.


document_id: bea-1949
provision_ref: s21
chapter: PART 2 - BILLS OF EXCHANGE
section: 21
title: Delivery
content:
21. —(1) Every contract on a bill, whether it be the drawer’s, the acceptor’s, or an indorser’s, is incomplete and revocable, until delivery of the instrument in order to give effect thereto. (2) Where an acceptance is written on a bill, and the drawee gives notice to or according to the directions of the person entitled to the bill that he has accepted it, the acceptance then becomes complete and irrevocable. (3) As between immediate parties, and as regards a remote party other than a holder in due course, the delivery — ( a ) in order to be effectual must be made either by or under the authority of the party drawing, accepting or indorsing, as the case may be; ( b ) may be shown to have been conditional or for a special purpose only, and not for the purpose of transferring the property in the bill. (4) If the bill be in the hands of a holder in due course, a valid delivery of the bill by all parties prior to him so as to make them liable to him is conclusively presumed. (5) Where a bill is no longer in the possession of a party who has signed it as drawer, acceptor, or indorser, a valid and unconditional delivery by him is presumed until the contrary is proved. Capacity and authority of parties


document_id: bea-1949
provision_ref: s22
chapter: PART 2 - BILLS OF EXCHANGE
section: 22
title: Capacity of parties
content:
22. —(1) Capacity to incur liability as a party to a bill is coextensive with capacity to contract. (2) Nothing in this section shall enable a corporation to make itself liable as drawer, acceptor, or indorser of a bill unless it is competent to it to do so under the law for the time being in force relating to corporations. (3) Where a bill is drawn or indorsed by a person below the age of 18 years or a corporation having no capacity or power to incur liability on a bill, the drawing or indorsement entitles the holder to receive payment of the bill, and to enforce it against any other party thereto. [7/2009]


document_id: bea-1949
provision_ref: s23
chapter: PART 2 - BILLS OF EXCHANGE
section: 23
title: Signature essential to liability
content:
23. —(1) Subject to this section, no person is liable as drawer, indorser, or acceptor of a bill who has not signed it as such. (2) Where a person signs a bill in a trade or assumed name, he is liable thereon as if he had signed it in his own name. (3) The signature of the name of a firm is equivalent to the signature by the person so signing of the names of all persons liable as partners in that firm.


document_id: bea-1949
provision_ref: s24
chapter: PART 2 - BILLS OF EXCHANGE
section: 24
title: Forged or unauthorised signature
content:
24. —(1) Subject to the provisions of this Act, where a signature on a bill is forged or placed thereon without the authority of the person whose signature it purports to be, the forged or unauthorised signature is wholly inoperative, and no right to retain the bill or to give a discharge therefor or to enforce payment thereof against any party thereto can be acquired through or under that signature, unless the party against whom it is sought to retain or enforce payment of the bill is precluded from setting up the forgery or want of authority. (2) Nothing in this section shall affect the ratification of an unauthorised signature not amounting to a forgery.


document_id: bea-1949
provision_ref: s25
chapter: PART 2 - BILLS OF EXCHANGE
section: 25
title: Procuration signatures
content:
25. A signature by procuration operates as notice that the agent has but a limited authority to sign, and the principal is only bound by such signature if the agent in so signing was acting within the actual limits of his authority.


document_id: bea-1949
provision_ref: s26
chapter: PART 2 - BILLS OF EXCHANGE
section: 26
title: Person signing as agent or in representative capacity
content:
26. —(1) Where a person signs a bill as drawer, indorser, or acceptor, and adds words to his signature, indicating that he signs for or on behalf of a principal, or in a representative character, he is not personally liable thereon; but the mere addition to his signature of words describing him as an agent, or as filling a representative character, does not exempt him from personal liability. (2) In determining whether a signature on a bill is that of the principal or that of the agent by whose hand it is written, the construction most favourable to the validity of the instrument shall be adopted. Consideration for a bill


document_id: bea-1949
provision_ref: s27
chapter: PART 2 - BILLS OF EXCHANGE
section: 27
title: Value and holder for value
content:
27. —(1) Valuable consideration for a bill may be constituted by — ( a ) any consideration sufficient to support a simple contract; ( b ) an antecedent debt or liability; and such a debt or liability is deemed valuable consideration whether the bill is payable on demand or at a future time. (2) Where value has at any time been given for a bill, the holder is deemed to be a holder for value as regards the acceptor and all parties to the bill who became parties prior to such time. (3) Where the holder of a bill has a lien on it arising either from contract or by implication of law, he is deemed to be a holder for value to the extent of the sum for which he has a lien.


document_id: bea-1949
provision_ref: s28
chapter: PART 2 - BILLS OF EXCHANGE
section: 28
title: Accommodation party to bill
content:
28. —(1) An accommodation party to a bill is a person who has signed a bill as drawer, acceptor, or indorser, without receiving value therefor, and for the purpose of lending his name to some other person. (2) An accommodation party is liable on the bill to a holder for value; and it is immaterial whether, when such holder took the bill, he knew such party to be an accommodation party or not.


document_id: bea-1949
provision_ref: s29
chapter: PART 2 - BILLS OF EXCHANGE
section: 29
title: Holder in due course
content:
29. —(1) A holder in due course is a holder who has taken a bill, complete and regular on the face of it, under the following conditions: ( a ) that he became the holder of it before it was overdue, and without notice that it had been previously dishonoured, if such was the fact; ( b ) that he took the bill in good faith and for value, and that at the time the bill was negotiated to him, he had no notice of any defect in the title of the person who negotiated it. (2) In particular the title of a person who negotiates a bill is defective within the meaning of this Act when he obtained the bill, or the acceptance thereof, by fraud, duress, or force and fear, or other unlawful means, or for an illegal consideration, or when he negotiates it in breach of faith, or under such circumstances as amount to a fraud. (3) A holder (whether for value or not) who derives his title to a bill through a holder in due course, and who is not himself a party to any fraud or illegality affecting it, has all the rights of that holder in due course as regards the acceptor and all parties to the bill prior to that holder.


document_id: bea-1949
provision_ref: s30
chapter: PART 2 - BILLS OF EXCHANGE
section: 30
title: Presumption of value and good faith
content:
30. —(1) Every party whose signature appears on a bill is prima facie deemed to have become a party thereto for value. (2) Every holder of a bill is prima facie deemed to be a holder in due course. (3) If in an action on a bill it is admitted or proved that the acceptance, issue, or subsequent negotiation of the bill is affected with fraud, duress, or force and fear, or illegality, the burden of proof is shifted, unless the holder proves that, subsequent to the alleged fraud or illegality, value has in good faith been given for the bill. Negotiation of bills


document_id: bea-1949
provision_ref: s31
chapter: PART 2 - BILLS OF EXCHANGE
section: 31
title: Negotiation of bill
content:
31. —(1) A bill is negotiated when it is transferred from one person to another in such a manner as to constitute the transferee the holder of the bill. (2) A bill payable to bearer is negotiated by delivery. (3) A bill payable to order is negotiated by the indorsement of the holder completed by delivery. (4) Where the holder of a bill payable to his order transfers it for value without indorsing it, the transfer gives the transferee such title as the transferor had in the bill, and the transferee in addition acquires the right to have the indorsement of the transferor. (5) Where any person is under obligation to indorse a bill in a representative capacity, he may indorse the bill in such terms as to negative personal liability.


document_id: bea-1949
provision_ref: s32
chapter: PART 2 - BILLS OF EXCHANGE
section: 32
title: Requisites of a valid indorsement
content:
32. An indorsement in order to operate as a negotiation must comply with the following conditions: ( a ) it must be written on the bill itself and be signed by the indorser; the simple signature of the indorser on the bill, without additional words, is sufficient; an indorsement written on an allonge, or on a “copy” of a bill issued or negotiated in a country where “copies” are recognised, is deemed to be written on the bill itself; ( b ) it must be an indorsement of the entire bill; a partial indorsement, that is to say, an indorsement which purports to transfer to the indorsee a part only of the amount payable, or which purports to transfer the bill to 2 or more indorsees severally, does not operate as a negotiation of the bill; ( c ) where a bill is payable to the order of 2 or more payees or indorsees who are not partners, all must indorse unless the one indorsing has authority to indorse for the others; ( d ) where, in a bill payable to order, the payee or indorsee is wrongly designated, or his name is mis-spelt, he may indorse the bill as therein described, adding, if he thinks fit, his proper signature; ( e ) where there are 2 or more indorsements on a bill, each indorsement is deemed to have been made in the order in which it appears on the bill, until the contrary is proved; ( f ) an indorsement may be made in blank or special; it may also contain terms making it restrictive.


document_id: bea-1949
provision_ref: s33
chapter: PART 2 - BILLS OF EXCHANGE
section: 33
title: Conditional indorsement
content:
33. Where a bill purports to be indorsed conditionally, the condition may be disregarded by the payer, and payment to the indorsee is valid whether the condition has been fulfilled or not.


document_id: bea-1949
provision_ref: s34
chapter: PART 2 - BILLS OF EXCHANGE
section: 34
title: Indorsement in blank and special indorsement
content:
34. —(1) An indorsement in blank specifies no indorsee, and a bill so indorsed becomes payable to bearer. (2) A special indorsement specifies the person to whom, or to whose order, the bill is to be payable. (3) The provisions of this Act relating to a payee apply with the necessary modifications to an indorsee under a special indorsement. (4) When a bill has been indorsed in blank, any holder may convert the blank indorsement into a special indorsement by writing above the indorser’s signature a direction to pay the bill to or to the order of himself or some other person.


document_id: bea-1949
provision_ref: s35
chapter: PART 2 - BILLS OF EXCHANGE
section: 35
title: Restrictive indorsement
content:
35. —(1) An indorsement is restrictive which prohibits the further negotiation of the bill or which expresses that it is a mere authority to deal with the bill as thereby directed and not a transfer of the ownership thereof, as, for example, if a bill be indorsed “Pay D only”, or “Pay D for the account of X”, or “Pay D or order for collection”. (2) A restrictive indorsement gives the indorsee the right to receive payment of the bill and to sue any party thereto that his indorser could have sued, but gives him no power to transfer his rights as indorsee unless it expressly authorises him to do so. (3) Where a restrictive indorsement authorises further transfer, all subsequent indorsees take the bill with the same rights and subject to the same liabilities as the first indorsee under the restrictive indorsement.


document_id: bea-1949
provision_ref: s36
chapter: PART 2 - BILLS OF EXCHANGE
section: 36
title: Negotiation of overdue or dishonoured bill
content:
36. —(1) Where a bill is negotiable in its origin it continues to be negotiable until it has been — ( a ) restrictively indorsed; or ( b ) discharged by payment or otherwise. (2) Where an overdue bill is negotiated, it can only be negotiated subject to any defect of title affecting it at its maturity, and thenceforward no person who takes it can acquire or give a better title than that which the person from whom he took it had. (3) A bill payable on demand is deemed to be overdue within the meaning and for the purposes of this section, when it appears on the face of it to have been in circulation for an unreasonable length of time. (4) What is an unreasonable length of time for the purpose of subsection (3) is a question of fact. (5) Except where an indorsement bears date after the maturity of the bill, every negotiation is prima facie deemed to have been effected before the bill was overdue. (6) Where a bill which is not overdue has been dishonoured, any person who takes it with notice of the dishonour takes it subject to any defect of title attaching thereto at the time of dishonour. (7) Nothing in this subsection shall affect the rights of a holder in due course.


document_id: bea-1949
provision_ref: s37
chapter: PART 2 - BILLS OF EXCHANGE
section: 37
title: Negotiation of bill to party already liable thereon
content:
37. Where a bill is negotiated back to the drawer, or to a prior indorser or to the acceptor, such party may, subject to the provisions of this Act, reissue and further negotiate the bill, but he is not entitled to enforce payment of the bill against any intervening party to whom he was previously liable.


document_id: bea-1949
provision_ref: s38
chapter: PART 2 - BILLS OF EXCHANGE
section: 38
title: Rights of holder
content:
38. —(1) The rights and powers of the holder of a bill are as follows: ( a ) he may sue on the bill in his own name; ( b ) where he is a holder in due course, he holds the bill free from any defect of title of prior parties, as well as from mere personal defences available to prior parties among themselves, and may enforce payment against all parties liable on the bill. (2) Where a holder’s title is defective — ( a ) if he negotiates the bill to a holder in due course, that holder obtains a good and complete title to the bill; and ( b ) if he obtains payment of the bill, the person who pays him in due course gets a valid discharge for the bill. General duties of holder


document_id: bea-1949
provision_ref: s39
chapter: PART 2 - BILLS OF EXCHANGE
section: 39
title: When presentment for acceptance is necessary
content:
39. —(1) Where a bill is payable after sight, presentment for acceptance is necessary in order to fix the maturity of the instrument. (2) Where a bill expressly stipulates that it shall be presented for acceptance, or where a bill is drawn payable elsewhere than at the residence or place of business of the drawee, it must be presented for acceptance before it can be presented for payment. (3) In no other case is presentment for acceptance necessary in order to render liable any party to the bill. (4) Where the holder of a bill, drawn payable elsewhere than at the place of business or residence of the drawee, has not time, with the exercise of reasonable diligence, to present the bill for acceptance before presenting it for payment on the day that it falls due, the delay caused by presenting the bill for acceptance before presenting it for payment is excused, and does not discharge the drawer and indorsers.


document_id: bea-1949
provision_ref: s40
chapter: PART 2 - BILLS OF EXCHANGE
section: 40
title: Time for presenting bill payable after sight
content:
40. —(1) Subject to the provisions of this Act, when a bill payable after sight is negotiated, the holder must either present it for acceptance or negotiate it within a reasonable time. (2) If he does not do so, the drawer and all indorsers prior to that holder are discharged. (3) In determining what is a reasonable time within the meaning of this section, regard shall be had to the nature of the bill, the usage of trade with respect to similar bills, and the facts of the particular case.


document_id: bea-1949
provision_ref: s41
chapter: PART 2 - BILLS OF EXCHANGE
section: 41
title: Rules as to presentment for acceptance and excuses for non‑presentment
content:
41. —(1) A bill is duly presented for acceptance which is presented in accordance with the following rules: ( a ) the presentment must be made by or on behalf of the holder to the drawee or to some person authorised to accept or refuse acceptance on his behalf at a reasonable hour on a business day and before the bill is overdue; ( b ) where a bill is addressed to 2 or more drawees, who are not partners, presentment must be made to them all, unless one has authority to accept for all, then presentment may be made to him only; ( c ) where the drawee is dead, presentment may be made to his personal representative; ( d ) where the drawee is bankrupt, presentment may be made to him or to his trustee or assignee; ( e ) where authorised by agreement or usage, a presentment through the post office is sufficient. (2) Presentment in accordance with these rules is excused, and a bill may be treated as dishonoured by non-acceptance — ( a ) where the drawee is dead or bankrupt, or is a fictitious person or a person not having capacity to contract by bill; ( b ) where, after the exercise of reasonable diligence, such presentment cannot be effected; ( c ) where, although the presentment has been irregular, acceptance has been refused on some other ground. (3) The fact that the holder has reason to believe that the bill, on presentment, will be dishonoured does not excuse presentment.


document_id: bea-1949
provision_ref: s42
chapter: PART 2 - BILLS OF EXCHANGE
section: 42
title: Non-acceptance
content:
42. —(1) When a bill is duly presented for acceptance and is not accepted within the customary time, the person presenting it must treat it as dishonoured by non-acceptance. (2) If he does not, the holder shall lose his right of recourse against the drawer and indorsers.


document_id: bea-1949
provision_ref: s43
chapter: PART 2 - BILLS OF EXCHANGE
section: 43
title: Dishonour by non-acceptance and its consequences
content:
43. —(1) A bill is dishonoured by non-acceptance — ( a ) when it is duly presented for acceptance, and such an acceptance as is prescribed by this Act is refused or cannot be obtained; or ( b ) when presentment for acceptance is excused and the bill is not accepted. (2) Subject to the provisions of this Act, when a bill is dishonoured by non-acceptance, an immediate right of recourse against the drawer and indorsers accrues to the holder, and no presentment for payment is necessary.


document_id: bea-1949
provision_ref: s44
chapter: PART 2 - BILLS OF EXCHANGE
section: 44
title: Duties as to qualified acceptances
content:
44. —(1) The holder of a bill may refuse to take a qualified acceptance, and if he does not obtain an unqualified acceptance, may treat the bill as dishonoured by non-acceptance. (2) Where a qualified acceptance is taken, and the drawer or an indorser has not expressly or impliedly authorised the holder to take a qualified acceptance, or does not subsequently assent thereto, such drawer or indorser is discharged from his liability on the bill. (3) Subsection (2) does not apply to a partial acceptance, whereof due notice has been given. (4) Where a foreign bill has been accepted as to part, it must be protested as to the balance. (5) When the drawer or indorser of a bill receives notice of a qualified acceptance, and does not, within a reasonable time, express his dissent to the holder, he shall be deemed to have assented thereto.


document_id: bea-1949
provision_ref: s45
chapter: PART 2 - BILLS OF EXCHANGE
section: 45
title: Rules as to presentment for payment
content:
45. —(1) Subject to the provisions of this Act, a bill must be duly presented for payment. (2) If it be not so presented, the drawer and indorsers shall be discharged. (3) A bill is duly presented for payment which is presented in accordance with the following rules: ( a ) where the bill is not payable on demand, presentment must be made on the day it falls due; ( b ) where the bill is payable on demand, then, subject to the provisions of this Act, presentment must be made within a reasonable time after its issue in order to render the drawer liable, and within a reasonable time after its indorsement in order to render the indorser liable; in determining what is a reasonable time, regard shall be had to the nature of the bill, the usage of trade with regard to similar bills, and the facts of the particular case; ( c ) presentment must be made by the holder or by some person authorised to receive payment on his behalf at a reasonable hour on a business day, at the proper place as hereinafter defined, either to the person designated by the bill as payer, or to some person authorised to pay or refuse payment on his behalf, if with the exercise of reasonable diligence such person can there be found; ( d ) a bill is presented at the proper place — (i) where a place of payment is specified in the bill and the bill is there presented; (ii) where no place of payment is specified, but the address of the drawee or acceptor is given in the bill, and the bill is there presented; (iii) where no place of payment is specified and no address given, and the bill is presented at the drawee’s or acceptor’s place of business if known, and if not, at his ordinary residence if known; (iv) in any other case if presented to the drawee or acceptor wherever he can be found, or if presented at his last known place of business or residence; ( e ) where a bill is presented at the proper place, and, after the exercise of reasonable diligence, no person authorised to pay or refuse payment can be found there, no further presentment to the drawee or acceptor is required; ( f ) where a bill is drawn upon, or accepted by 2 or more persons who are not partners, and no place of payment is specified, presentment must be made to them all; ( g ) where the drawee or acceptor of a bill is dead, and no place of payment is specified, presentment must be made to a personal representative, if such there be, and, with the exercise of reasonable diligence, he can be found; ( h ) where authorised by agreement or usage, a presentment through the post office is sufficient.


document_id: bea-1949
provision_ref: s46
chapter: PART 2 - BILLS OF EXCHANGE
section: 46
title: Excuses for delay or non-presentment for payment
content:
46. —(1) Delay in making presentment for payment is excused when the delay is caused by circumstances beyond the control of the holder, and not imputable to his default, misconduct, or negligence. (2) When the cause of delay ceases to operate, presentment must be made with reasonable diligence. (3) Presentment for payment is dispensed with — ( a ) where, after the exercise of reasonable diligence, presentment, as required by this Act, cannot be effected; ( b ) where the drawee is a fictitious person; ( c ) as regards the drawer, where the drawee or acceptor is not bound, as between himself and the drawer, to accept or pay the bill, and the drawer has no reason to believe that the bill would be paid if presented; ( d ) as regards an indorser, where the bill was accepted or made for the accommodation of that indorser, and he has no reason to expect that the bill would be paid if presented; ( e ) by waiver of presentment, express or implied. (4) The fact that the holder has reason to believe that the bill will, on presentment, be dishonoured, does not dispense with the necessity for presentment.


document_id: bea-1949
provision_ref: s47
chapter: PART 2 - BILLS OF EXCHANGE
section: 47
title: Dishonour by non-payment
content:
47. —(1) A bill is dishonoured by non-payment — ( a ) when it is duly presented for payment and payment is refused or cannot be obtained; or ( b ) when presentment is excused and the bill is overdue and unpaid. (2) Subject to the provisions of this Act, when a bill is dishonoured by non-payment, an immediate right of recourse against the drawer and indorsers accrues to the holder.


document_id: bea-1949
provision_ref: s48
chapter: PART 2 - BILLS OF EXCHANGE
section: 48
title: Notice of dishonour and effect of non-notice
content:
48. —(1) Subject to the provisions of this Act, when a bill has been dishonoured by non-acceptance or by non-payment, notice of dishonour must be given to the drawer and each indorser, and any drawer or indorser to whom such notice is not given is discharged. (2) Where a bill is dishonoured by non-acceptance, and notice of dishonour is not given, the rights of a holder in due course subsequent to the omission shall not be prejudiced by the omission. (3) Where a bill is dishonoured by non-acceptance, and due notice of dishonour is given, it shall not be necessary to give notice of subsequent dishonour by non-payment unless the bill shall in the meantime have been accepted.


document_id: bea-1949
provision_ref: s49
chapter: PART 2 - BILLS OF EXCHANGE
section: 49
title: Rules as to notice of dishonour
content:
49. Notice of dishonour, in order to be valid and effectual, must be given in accordance with the following rules: ( a ) the notice must be given by or on behalf of the holder, or by or on behalf of an indorser who, at the time of giving it, is himself liable on the bill; ( b ) notice of dishonour may be given by an agent either in his own name, or in the name of any party entitled to give notice whether that party be his principal or not; ( c ) where the notice is given by or on behalf of the holder, it enures for the benefit of all subsequent holders and all prior indorsers who have a right of recourse against the party to whom it is given; ( d ) where notice is given by or on behalf of an indorser entitled to give notice as hereinbefore provided, it enures for the benefit of the holder and all indorsers subsequent to the party to whom notice is given; ( e ) the notice may be given in writing or by personal communication, and may be given in any terms which sufficiently identify the bill, and intimate that the bill has been dishonoured by non-acceptance or non-payment; ( f ) the return of a dishonoured bill to the drawer or an indorser is, in point of form, deemed a sufficient notice of dishonour; ( g ) where a cheque has been presented in accordance with section 89, the presentment of an image return document, as defined under section 90(6), to the drawer or an indorser is, in point of form, deemed a sufficient notice of dishonour; ( h ) a written notice need not be signed, and an insufficient written notice may be supplemented and validated by verbal communication; a misdescription of the bill shall not vitiate the notice unless the party to whom the notice is given is in fact misled thereby; ( i ) where notice of dishonour is required to be given to any person, it may be given either to the party himself, or to his agent in that behalf; ( j ) where the drawer or indorser is dead, and the party giving notice knows it, the notice must be given to a personal representative if such there be, and with the exercise of reasonable diligence he can be found; ( k ) where the drawer or indorser is bankrupt, notice may be given either to the party himself or to the trustee; ( l ) where there are 2 or more drawers or indorsers who are not partners, notice must be given to each of them, unless one of them has authority to receive such notice for the others; ( m ) the notice may be given as soon as the bill is dishonoured and must be given within a reasonable time thereafter; in the absence of special circumstances notice is not deemed to have been given within a reasonable time unless — (i) where the person giving and the person to receive notice reside in the same place — the notice is given or sent off in time to reach the latter on the day after the dishonour of the bill; (ii) where the person giving and the person to receive notice reside in different places — the notice is sent off on the day after the dishonour of the bill, if there be a post at a convenient hour on that day, and if there be no such post on that day, then by the next post thereafter; ( n ) where a bill when dishonoured is in the hands of an agent, he may either himself give notice to the parties liable on the bill, or he may give notice to his principal; if he gives notice to his principal, he must do so within the same time as if he were the holder, and the principal upon receipt of such notice has himself the same time for giving notice as if the agent had been an independent holder; ( o ) where a party to a bill receives due notice of dishonour he has, after the receipt of such notice, the same period of time for giving notice to antecedent parties that the holder has after the dishonour; ( p ) where a notice of dishonour is duly addressed and posted, the sender is deemed to have given due notice of dishonour notwithstanding any miscarriage by the post office.


document_id: bea-1949
provision_ref: s50
chapter: PART 2 - BILLS OF EXCHANGE
section: 50
title: Excuses for delay in giving notice of dishonour
content:
50. —(1) Delay in giving notice of dishonour is excused where the delay is caused by circumstances beyond the control of the party giving notice, and not imputable to his default, misconduct or negligence. (2) When the cause of delay ceases to operate, the notice must be given with reasonable diligence. (3) Notice of dishonour is dispensed with — ( a ) when, after the exercise of reasonable diligence, notice, as required by this Act, cannot be given to or does not reach the drawer or indorser sought to be charged; ( b ) by waiver express or implied; notice of dishonour may be waived before the time of giving notice has arrived, or after the omission to give due notice; ( c ) as regards the drawer in the following cases: (i) where the drawer and drawee are the same person; (ii) where the drawee is a fictitious person or a person not having capacity to contract; (iii) where the drawer is the person to whom the bill is presented for payment; (iv) where the drawee or acceptor is as between himself and the drawer under no obligation to accept or pay the bill; (v) where the drawer has countermanded payment; ( d ) as regards the indorser in the following cases: (i) where the drawee is a fictitious person or a person not having capacity to contract and the indorser was aware of the fact at the time he indorsed the bill; (ii) where the indorser is the person to whom the bill is presented for payment; (iii) where the bill was accepted or made for his accommodation.


document_id: bea-1949
provision_ref: s51
chapter: PART 2 - BILLS OF EXCHANGE
section: 51
title: Noting or protest of bill
content:
51. —(1) Where an inland bill has been dishonoured it may, if the holder thinks fit, be noted for non-acceptance or non-payment, as the case may be; but it shall not be necessary to note or protest any such bill in order to preserve the recourse against the drawer or indorser. (2) Where a foreign bill, appearing on the face of it to be such, has been dishonoured by non-acceptance, it must be duly protested for non-acceptance, and where such a bill, which has not been previously dishonoured by non-acceptance, is dishonoured by non-payment, it must be duly protested for non-payment. (3) If it be not so protested, the drawer and indorsers are discharged. (4) Where a bill does not appear, on the face of it, to be a foreign bill, protest thereof in case of dishonour is unnecessary. (5) A bill which has been protested for non-acceptance may be subsequently protested for non-payment. (6) Subject to the provisions of this Act, when a bill is noted or protested, it may be noted on the day of its dishonour and must be noted not later than the next succeeding business day. (7) When a bill has been duly noted, the protest may be subsequently extended as of the date of the noting. (8) Where the acceptor of a bill becomes bankrupt or insolvent or suspends payment before it matures, the holder may cause the bill to be protested for better security against the drawer and indorsers. (9) A bill must be protested at the place where it is dishonoured. (10) When a bill is presented through the post office, and returned by post dishonoured, it may be protested at the place to which it is returned and on the day of its return, if received during business hours, and if not received during business hours, then not later than the next business day. (11) When a bill drawn payable at the place of business or residence of some person other than the drawee has been dishonoured by non‑acceptance, it must be protested for non-payment at the place where it is expressed to be payable, and no further presentment for payment to, or demand on, the drawee is necessary. (12) A protest must contain a copy of the bill, and must be signed by the notary making it, and must specify — ( a ) the person at whose request the bill is protested; ( b ) the place and date of protest, the cause or reason for protesting the bill, the demand made, and the answer given, if any, or the fact that the drawee or acceptor could not be found. (13) Where a bill is lost or destroyed, or is wrongly detained from the person entitled to hold it, protest may be made on a copy or written particulars thereof. (14) Protest is dispensed with by any circumstance which would dispense with notice of dishonour. (15) Delay in noting or protesting is excused when the delay is caused by circumstances beyond the control of the holder, and not imputable to his default, misconduct or negligence. (16) When the cause of delay ceases to operate, the bill must be noted or protested with reasonable diligence.


document_id: bea-1949
provision_ref: s52
chapter: PART 2 - BILLS OF EXCHANGE
section: 52
title: Duties of holder as regards drawee or acceptor
content:
52. —(1) When a bill is accepted generally, presentment for payment is not necessary in order to render the acceptor liable. (2) When by the terms of a qualified acceptance presentment for payment is required, the acceptor, in the absence of an express stipulation to that effect, is not discharged by the omission to present the bill for payment on the day that it matures. (3) In order to render the acceptor of a bill liable, it is not necessary to protest it, or that notice of dishonour should be given to him. (4) Where the holder of a bill presents it for payment, he shall exhibit the bill to the person from whom he demands payment, and when a bill is paid, the holder shall immediately deliver it up to the party paying it. Liabilities of parties


document_id: bea-1949
provision_ref: s53
chapter: PART 2 - BILLS OF EXCHANGE
section: 53
title: Funds in hands of drawee
content:
53. A bill, of itself, does not operate as an assignment of funds in the hands of the drawee available for the payment thereof, and the drawee of a bill who does not accept as required by this Act is not liable on the instrument.


document_id: bea-1949
provision_ref: s54
chapter: PART 2 - BILLS OF EXCHANGE
section: 54
title: Liability of acceptor
content:
54. The acceptor of a bill, by accepting it — ( a ) engages that he will pay it according to the tenor of his acceptance; ( b ) is precluded from denying to a holder in due course — (i) the existence of the drawer, the genuineness of his signature, and his capacity and authority to draw the bill; (ii) in the case of a bill payable to drawer’s order, the then capacity of the drawer to indorse, but not the genuineness or validity of his indorsement; (iii) in the case of a bill payable to the order of a third person, the existence of the payee and his then capacity to indorse, but not the genuineness or validity of his indorsement.


document_id: bea-1949
provision_ref: s55
chapter: PART 2 - BILLS OF EXCHANGE
section: 55
title: Liability of drawer or indorser
content:
55. —(1) The drawer of a bill, by drawing it — ( a ) engages that on due presentment it shall be accepted and paid according to its tenor, and that if it be dishonoured, he will compensate the holder or any indorser who is compelled to pay it, provided that the requisite proceedings on dishonour be duly taken; ( b ) is precluded from denying to a holder in due course the existence of the payee and his then capacity to indorse. (2) The indorser of a bill, by indorsing it — ( a ) engages that on due presentment it shall be accepted and paid according to its tenor, and that if it be dishonoured he will compensate the holder or a subsequent indorser who is compelled to pay it, provided that the requisite proceedings on dishonour be duly taken; ( b ) is precluded from denying to a holder in due course the genuineness and regularity in all respects of the drawer’s signature and all previous indorsements; ( c ) is precluded from denying to his immediate or a subsequent indorsee that the bill was, at the time of his indorsement, a valid and subsisting bill, and that he had then a good title thereto.


document_id: bea-1949
provision_ref: s56
chapter: PART 2 - BILLS OF EXCHANGE
section: 56
title: Stranger signing bill liable as indorser
content:
56. Where a person signs a bill otherwise than as drawer or acceptor, he thereby incurs the liabilities of an indorser to a holder in due course.


document_id: bea-1949
provision_ref: s57
chapter: PART 2 - BILLS OF EXCHANGE
section: 57
title: Measure of damages against parties to dishonoured bill
content:
57. Where a bill is dishonoured, the measure of damages, which shall be deemed to be a liquidated amount, shall be as follows: ( a ) the holder may recover from any party liable on the bill, and the drawer who has been compelled to pay the bill may recover from the acceptor, and an indorser who has been compelled to pay the bill may recover from the acceptor or from the drawer, or from a prior indorser — (i) the amount of the bill; (ii) interest thereon from the time of presentment for payment if the bill is payable on demand, and from the maturity of the bill in any other case; (iii) the expenses of noting, or, when protest is necessary, and the protest has been extended, the expenses of protest; ( b ) where by this Act interest may be recovered as damages, such interest may, if justice requires it, be withheld wholly or in part, and where a bill is expressed to be payable with interest at a given rate, interest as damages may or may not be given at the same rate as interest proper.


document_id: bea-1949
provision_ref: s58
chapter: PART 2 - BILLS OF EXCHANGE
section: 58
title: Transferor by delivery and transferee
content:
58. —(1) Where the holder of a bill payable to bearer negotiates it by delivery without indorsing it, he is called a “transferor by delivery”. (2) A transferor by delivery is not liable on the instrument. (3) A transferor by delivery who negotiates a bill thereby warrants to his immediate transferee being a holder for value that the bill is what it purports to be, that he has a right to transfer it, and that at the time of transfer he is not aware of any fact which renders it valueless. Discharge of bill


document_id: bea-1949
provision_ref: s59
chapter: PART 2 - BILLS OF EXCHANGE
section: 59
title: Payment in due course
content:
59. —(1) A bill is discharged by payment in due course by or on behalf of the drawee or acceptor. (2) In subsection (1), “payment in due course” means payment made at or after the maturity of the bill to the holder thereof in good faith and without notice that his title to the bill is defective. (3) Subject to the provisions of this Act, when a bill is paid by the drawer or an indorser it is not discharged. (4) Where a bill payable to, or to the order of, a third party is paid by the drawer, the drawer may enforce payment thereof against the acceptor, but may not reissue the bill. (5) Where a bill is paid by an indorser, or where a bill payable to drawer’s order is paid by the drawer, the party paying it is remitted to his former rights as regards the acceptor or antecedent parties, and he may, if he thinks fit, strike out his own and subsequent indorsements, and again negotiate the bill. (6) Where an accommodation bill is paid in due course by the party accommodated, the bill is discharged.


document_id: bea-1949
provision_ref: s60
chapter: PART 2 - BILLS OF EXCHANGE
section: 60
title: Banker paying demand draft whereon indorsement is forged
content:
60. When a bill payable to order on demand is drawn on a banker, and the banker on whom it is drawn pays the bills in good faith and in the ordinary course of business, it is not incumbent on the banker to show that the indorsement of the payee or any subsequent indorsement was made by or under the authority of the person whose indorsement it purports to be, and the banker is deemed to have paid the bill in due course, although such indorsement has been forged or made without authority.


document_id: bea-1949
provision_ref: s61
chapter: PART 2 - BILLS OF EXCHANGE
section: 61
title: Acceptor the holder at maturity
content:
61. When the acceptor of a bill is or becomes the holder of it at or after its maturity, in his own right, the bill is discharged.


document_id: bea-1949
provision_ref: s62
chapter: PART 2 - BILLS OF EXCHANGE
section: 62
title: Express waiver or renunciation
content:
62. —(1) When the holder of a bill at or after its maturity absolutely and unconditionally renounces his rights against the acceptor, the bill is discharged. (2) The renunciation must be in writing, unless the bill is delivered up to the acceptor. (3) The liabilities of any party to a bill may, in like manner, be renounced by the holder before, at, or after its maturity. (4) Nothing in this section shall affect the rights of a holder in due course without notice of the renunciation.


document_id: bea-1949
provision_ref: s63
chapter: PART 2 - BILLS OF EXCHANGE
section: 63
title: Cancellation
content:
63. —(1) Where a bill is intentionally cancelled by the holder or his agent, and the cancellation is apparent thereon, the bill is discharged. (2) In like manner any party liable on a bill may be discharged by the intentional cancellation of his signature by the holder or his agent. (3) In such case any indorser who would have had a right of recourse against the party whose signature is cancelled, is also discharged. (4) A cancellation made unintentionally, or under a mistake, or without the authority of the holder, is inoperative; but where a bill or any signature thereon appears to have been cancelled, the burden of proof lies on the party who alleges that the cancellation was made unintentionally, or under a mistake, or without authority.


document_id: bea-1949
provision_ref: s64
chapter: PART 2 - BILLS OF EXCHANGE
section: 64
title: Alteration of bill
content:
64. —(1) Where a bill or acceptance is materially altered without the assent of all parties liable on the bill, the bill is avoided except as against a party who has himself made, authorised or assented to the alteration, and subsequent indorsers. (2) Where a bill has been materially altered, but the alteration is not apparent, and the bill is in the hands of a holder in due course, such holder may avail himself of the bill as if it had not been altered, and may enforce payment of it according to its original tenor. (3) In particular the following alterations are material, namely, any alteration of the date, the sum payable, the time of payment, the place of payment, and, where a bill has been accepted generally, the addition of a place of payment without the acceptor’s assent. Acceptance and payment for honour


document_id: bea-1949
provision_ref: s65
chapter: PART 2 - BILLS OF EXCHANGE
section: 65
content:
65. —(1) Where a bill of exchange has been protested for dishonour by non-acceptance, or protested for better security, and is not overdue, any person, not being a party already liable thereon, may, with the consent of the holder, intervene and accept the bill supra protest , for the honour of any party liable thereon, or for the honour of the person for whose account the bill is drawn. (2) A bill may be accepted for honour for part only of the sum for which it is drawn. (3) An acceptance for honour supra protest in order to be valid must — ( a ) be written on the bill, and indicate that it is an acceptance for honour; and ( b ) be signed by the acceptor for honour. (4) Where an acceptance for honour does not expressly state for whose honour it is made, it is deemed to be an acceptance for the honour of the drawer. (5) Where a bill payable after sight is accepted for honour, its maturity is calculated from the date of the noting for non-acceptance, and not from the date of the acceptance for honour.


document_id: bea-1949
provision_ref: s66
chapter: PART 2 - BILLS OF EXCHANGE
section: 66
title: Liability of acceptor for honour
content:
66. —(1) The acceptor for honour of a bill by accepting it engages that he will, on due presentment, pay the bill according to the tenor of his acceptance, if it is not paid by the drawee, provided it has been duly presented for payment, and protested for non-payment, and that he receives notice of these facts. (2) The acceptor for honour is liable to the holder and to all parties to the bill subsequent to the party for whose honour he has accepted.


document_id: bea-1949
provision_ref: s67
chapter: PART 2 - BILLS OF EXCHANGE
section: 67
title: Presentment to acceptor for honour
content:
67. —(1) Where a dishonoured bill has been accepted for honour supra protest , or contains a reference in case of need, it must be protested for non-payment before it is presented for payment to the acceptor for honour, or referee in case of need. (2) Where the address of the acceptor for honour is in the same place where the bill is protested for non-payment, the bill must be presented to him not later than the day following its maturity; and where the address of the acceptor for honour is in some place other than the place where it was protested for non-payment, the bill must be forwarded not later than the day following its maturity for presentment to him. (3) Delay in presentment or non-presentment is excused by any circumstance which would excuse delay in presentment for payment or non-presentment for payment. (4) When a bill of exchange is dishonoured by the acceptor for honour, it must be protested for non-payment by him.


document_id: bea-1949
provision_ref: s68
chapter: PART 2 - BILLS OF EXCHANGE
section: 68
content:
68. —(1) Where a bill has been protested for non-payment, any person may intervene and pay it supra protest for the honour of any party liable thereon, or for the honour of the person for whose account the bill is drawn. (2) Where 2 or more persons offer to pay a bill for the honour of different parties, the person whose payment will discharge most parties to the bill shall have the preference. (3) Payment for honour supra protest , in order to operate as such and not as a mere voluntary payment, must be attested by a notarial act of honour which may be appended to the protest or form an extension of it. (4) The notarial act of honour must be founded on a declaration made by the payer for honour, or his agent in that behalf, declaring his intention to pay the bill for honour, and for whose honour he pays. (5) Where a bill has been paid for honour, all parties subsequent to the party for whose honour it is paid are discharged, but the payer for honour is subrogated for, and succeeds to both the rights and duties of, the holder as regards the party for whose honour he pays, and all parties liable to that party. (6) The payer for honour on paying to the holder the amount of the bill and the notarial expenses incidental to its dishonour is entitled to receive both the bill itself and the protest. (7) If the holder does not on demand deliver them up, he shall be liable to the payer for honour in damages. (8) Where the holder of a bill refuses to receive payment supra protest , he shall lose his right of recourse against any party who would have been discharged by such payment. Lost instruments


document_id: bea-1949
provision_ref: s69
chapter: PART 2 - BILLS OF EXCHANGE
section: 69
title: Holder’s right to duplicate of lost bill
content:
69. —(1) Where a bill has been lost before it is overdue, the person who was the holder of it may apply to the drawer to give him another bill of the same tenor, giving security to the drawer if required to indemnify him against all persons whatever in case the bill alleged to have been lost shall be found again. (2) If the drawer on request as aforesaid refuses to give such duplicate bill, he may be compelled to do so.


document_id: bea-1949
provision_ref: s70
chapter: PART 2 - BILLS OF EXCHANGE
section: 70
title: Suit on lost bill
content:
70. In any suit or proceeding upon a bill, the court or a judge may order that the loss of the instrument shall not be set up, provided an indemnity be given to the satisfaction of the court or judge against the claims of any other person upon the instrument in question. Bill in a set


document_id: bea-1949
provision_ref: s71
chapter: PART 2 - BILLS OF EXCHANGE
section: 71
title: Rules as to sets
content:
71. —(1) Where a bill is drawn in a set, each part of the set being numbered, and containing a reference to the other parts, the whole of the parts constitute one bill. (2) Where the holder of a set indorses 2 or more parts to different persons, he is liable on every such part, and every indorser subsequent to him is liable on the part he has himself indorsed as if the said parts were separate bills. (3) Where 2 or more parts of a set are negotiated to different holders in due course, the holder whose title first accrues is as between such holders deemed the true owner of the bill. (4) Nothing in subsection (3) shall affect the rights of a person who in due course accepts or pays the part first presented to him. (5) The acceptance may be written on any part, and it must be written on one part only. (6) If the drawee accepts more than one part, and such accepted parts get into the hands of different holders in due course, he is liable on every such part as if it were a separate bill. (7) When the acceptor of a bill drawn in a set pays it without requiring the part bearing his acceptance to be delivered up to him, and that part at maturity is outstanding in the hands of a holder in due course, he is liable to the holder thereof. (8) Subject to the preceding rules, where any one part of a bill drawn in a set is discharged by payment or otherwise, the whole bill is discharged. Conflict of laws


document_id: bea-1949
provision_ref: s72
chapter: PART 2 - BILLS OF EXCHANGE
section: 72
title: Rules where laws conflict
content:
72. Where a bill drawn in one country is negotiated, accepted or payable in another, the rights, duties and liabilities of the parties thereto are determined as follows: ( a ) the validity of a bill as regards requisites in form is determined by the law of the place of issue, and the validity as regards requisites in form of the supervening contracts, such as acceptance, or indorsement, or acceptance supra protest , is determined by the law of the place where such contract was made: Provided that — (i) where a bill is issued out of Singapore it is not invalid by reason only that it is not stamped in accordance with the law of the place of issue; (ii) where a bill, issued out of Singapore, conforms, as regards requisites in form, to the law of Singapore, it may, for the purpose of enforcing payment thereof, be treated as valid as between all persons who negotiate, hold or become parties to it in Singapore; ( b ) subject to the provisions of this Act, the interpretation of the drawing, indorsement, acceptance, or acceptance supra protest of a bill, is determined by the law of the place where such contract is made: Provided that where an inland bill is indorsed in a foreign country, the indorsement shall, as regards the payer, be interpreted according to the law of Singapore; ( c ) the duties of the holder with respect to presentment for acceptance or payment and the necessity for or sufficiency of a protest or notice of dishonour, or otherwise, are determined by the law of the place where the act is done or the bill is dishonoured; ( d ) where a bill is drawn in one country and is payable in another, the due date thereof is determined according to the law of the place where it is payable.


document_id: bea-1949
provision_ref: s73
chapter: PART 3 - CHEQUES DRAWN ON BANKER
section: 73
title: Cheque defined
content:
73. —(1) A cheque is a bill of exchange drawn on a banker payable on demand. (2) Subject to this Part, the provisions of this Act applicable to a bill of exchange payable on demand apply to a cheque.


document_id: bea-1949
provision_ref: s74
chapter: PART 3 - CHEQUES DRAWN ON BANKER
section: 74
title: Presentment of cheque for payment
content:
74. Subject to the provisions of this Act — ( a ) where a cheque is not presented for payment within a reasonable time of its issue, and the drawer or the person on whose account it is drawn had the right at the time of such presentment as between him and the banker to have the cheque paid and suffers actual damage through the delay, he is discharged to the extent of such damage, that is to say, to the extent to which such drawer or person is a creditor of such banker to a larger amount than he would have been, had such cheque been paid; ( b ) in determining what is a reasonable time, regard shall be had to the nature of the instrument, the usage of trade and of bankers, and the facts of the particular case; ( c ) the holder of such cheque as to which such drawer or person is discharged shall be a creditor, in lieu of such drawer or person, of such banker to the extent of such discharge, and entitled to recover the amount from him.


document_id: bea-1949
provision_ref: s75
chapter: PART 3 - CHEQUES DRAWN ON BANKER
section: 75
title: Revocation of banker’s authority
content:
75. The duty and authority of a banker to pay a cheque drawn on him by his customer are determined by — ( a ) countermand of payment; ( b ) notice of the customer’s death. Crossed cheques


document_id: bea-1949
provision_ref: s76
chapter: PART 3 - CHEQUES DRAWN ON BANKER
section: 76
title: General and special crossings defined
content:
76. —(1) Where a cheque bears across its face an addition of — ( a ) the words “and company” or any abbreviation thereof between 2 parallel transverse lines, either with or without the words “not negotiable”; or ( b ) 2 parallel transverse lines simply, either with or without the words “not negotiable”, that addition constitutes a crossing, and the cheque is crossed generally. [S 30/2010] (2) Where a cheque bears across its face an addition of the name of a banker, either with or without the words “not negotiable”, that addition constitutes a crossing, and the cheque is crossed specially and to that banker.


document_id: bea-1949
provision_ref: s77
chapter: PART 3 - CHEQUES DRAWN ON BANKER
section: 77
title: Crossing by drawer or after issue
content:
77. —(1) A cheque may be crossed generally or specially by the drawer. (2) Where a cheque is uncrossed, the holder may cross it generally or specially. (3) Where a cheque is crossed generally, the holder may cross it specially. (4) Where a cheque is crossed generally or specially, the holder may add the words “not negotiable”. (5) Where a cheque is crossed specially, the banker to whom it is crossed may again cross it specially to another banker for collection. (6) Where an uncrossed cheque, or a cheque crossed generally, is sent to a banker for collection, he may cross it specially to himself.


document_id: bea-1949
provision_ref: s78
chapter: PART 3 - CHEQUES DRAWN ON BANKER
section: 78
title: Crossing a material part of cheque
content:
78. A crossing authorised by this Act is a material part of the cheque; it shall not be lawful for any person to obliterate or, except as authorised by this Act, to add to or alter the crossing.


document_id: bea-1949
provision_ref: s79
chapter: PART 3 - CHEQUES DRAWN ON BANKER
section: 79
title: Duties of banker as to crossed cheques
content:
79. —(1) Where a cheque is crossed specially to more than one banker, except when crossed to an agent for collection being a banker, the banker on whom it is drawn shall refuse payment thereof. (2) Where the banker on whom a cheque is drawn which is so crossed nevertheless pays the same, or pays a cheque crossed generally otherwise than to a banker, or if crossed specially otherwise than to the banker to whom it is crossed, or his agent for collection being a banker, he is liable to the true owner of the cheque for any loss he may sustain owing to the cheque having been so paid. (3) Notwithstanding subsection (2), where a cheque is presented for payment which does not at the time of presentment appear to be crossed, or to have had a crossing which has been obliterated, or to have been added to or altered otherwise than as authorised by this Act, the banker paying the cheque in good faith and without negligence shall not be responsible or incur any liability, nor shall the payment be questioned by reason of the cheque having been crossed, or of the crossing having been obliterated or having been added to or altered otherwise than as authorised by this Act, and of payment having been made otherwise than to a banker or to the banker to whom the cheque is or was crossed, or to his agent for collection being a banker, as the case may be.


document_id: bea-1949
provision_ref: s80
chapter: PART 3 - CHEQUES DRAWN ON BANKER
section: 80
title: Protection to banker and drawer where cheque is crossed
content:
80. Where the banker, on whom a crossed cheque (including a cheque which under section 82 or otherwise is not transferable) is drawn, in good faith and without negligence pays it, if crossed generally, to a banker, and if crossed specially, to the banker to whom it is crossed, or his agent for collection, being a banker, the banker paying the cheque, and, if the cheque has come into the hands of the payee, the drawer, shall respectively be entitled to the same rights and be placed in the same position as if payment of the cheque had been made to the true owner thereof.


document_id: bea-1949
provision_ref: s81
chapter: PART 3 - CHEQUES DRAWN ON BANKER
section: 81
title: Effect of “not negotiable” crossing on holder
content:
81. Where a person takes a crossed cheque which bears on it the words “not negotiable”, he shall not have and shall not be capable of giving a better title to the cheque than that which the person from whom he took it had.


document_id: bea-1949
provision_ref: s82
chapter: PART 3 - CHEQUES DRAWN ON BANKER
section: 82
title: Non-transferable cheques
content:
82. —(1) Where a cheque is crossed and bears across its face the words “account payee” or “a/c payee”, either with or without the word “only”, the cheque shall not be transferable, but shall only be valid as between the parties thereto. (2) For the purposes of section 80, a banker is not to be treated as having been negligent by reason only of his failure to concern himself with any purported indorsement of a cheque which under subsection (1) or otherwise is not transferable. Special provisions relating to indorsement, etc.


document_id: bea-1949
provision_ref: s83
chapter: PART 3 - CHEQUES DRAWN ON BANKER
section: 83
title: Protection of bankers paying unindorsed or irregularly indorsed cheques, etc.
content:
83. —(1) Where a banker in good faith and in the ordinary course of business pays a cheque drawn on him which is not indorsed or is irregularly indorsed, he does not, in doing so, incur any liability by reason only of the absence of, or irregularity in, indorsement, and he is deemed to have paid it in due course. (2) Where a banker in good faith and in the ordinary course of business pays any such instrument as the following: ( a ) a document issued by a customer of his which, though not a bill of exchange, is intended to enable a person to obtain payment from him of the sum mentioned in the document; ( b ) a draft payable on demand drawn by him upon himself, whether payable at the head office or some other office of his bank, he does not, in doing so, incur any liability by reason only of the absence of, or irregularity in, indorsement, and the payment discharges the instrument.


document_id: bea-1949
provision_ref: s84
chapter: PART 3 - CHEQUES DRAWN ON BANKER
section: 84
title: Rights of bankers collecting cheques not indorsed by holders
content:
84. A banker who gives value for, or has a lien on, a cheque payable to order which the holder delivers to him for collection without indorsing it, has such (if any) rights as he would have had if, upon delivery, the holder had indorsed it in blank.


document_id: bea-1949
provision_ref: s85
chapter: PART 3 - CHEQUES DRAWN ON BANKER
section: 85
title: Unindorsed cheques as evidence of payment
content:
85. An unindorsed cheque which appears to have been paid by the banker on whom it is drawn is evidence of the receipt by the payee of the sum payable by the cheque.


document_id: bea-1949
provision_ref: s86
chapter: PART 3 - CHEQUES DRAWN ON BANKER
section: 86
title: Protection of bankers collecting payment of cheques, or certain other instruments
content:
86. —(1) Where a banker, in good faith and without negligence — ( a ) receives payment for a customer of an instrument to which this section applies; or ( b ) having credited a customer’s account with the amount of such an instrument, receives payment thereof for himself, and the customer has no title, or a defective title, to the instrument, the banker does not incur any liability to the true owner of the instrument by reason only of having received payment thereof. (2) This section applies to the following instruments, namely: ( a ) cheques (including cheques which under section 82 or otherwise are not transferable); ( b ) any document issued by a customer of a banker which, though not a bill of exchange, is intended to enable a person to obtain payment from that banker of the sum mentioned in the document; ( c ) any draft payable on demand drawn by a banker upon himself, whether payable at the head office or some other office of his bank. (3) A banker is not to be treated for the purposes of this section as having been negligent by reason only of his failure to concern himself with absence of, or irregularity in, indorsement of an instrument.


document_id: bea-1949
provision_ref: s87
chapter: PART 3 - CHEQUES DRAWN ON BANKER
section: 87
title: Application of certain provisions to instruments not being bills of exchange
content:
87. —(1) The provisions of this Act relating to crossed cheques shall, so far as applicable, have effect in relation to instruments (other than cheques) to which section 86 applies as they have effect in relation to cheques. (2) Sections 89, 90 (except subsection (5)) and 91 shall, so far as applicable, have effect in relation to an instrument referred to in section 86(2)( b ) as they have effect in relation to a cheque. (3) Sections 89 and 91 shall, so far as applicable, have effect in relation to an instrument referred to in section 86(2)( c ) as they have effect in relation to a cheque.


document_id: bea-1949
provision_ref: s88
chapter: PART 3 - CHEQUES DRAWN ON BANKER
section: 88
title: Saving
content:
88. Sections 83 to 87 do not make negotiable any instrument which apart from those sections is not negotiable. Special provisions relating to cheque truncation


document_id: bea-1949
provision_ref: s89
chapter: PART 3 - CHEQUES DRAWN ON BANKER
section: 89
title: Alternative means of presentment
content:
89. —(1) A banker may present a cheque for payment to the banker on whom it is drawn by transmitting, by electronic means, an image and the electronic payment information of the cheque, instead of presenting the cheque itself. (2) Notwithstanding subsection (1), if at any time before payment is made, the banker on whom a cheque is drawn requests the banker who presented the cheque to present the cheque itself — ( a ) the presentment under subsection (1) shall be disregarded; and ( b ) section 90 shall not apply. (3) A request under subsection (2) for the presentment of a cheque shall not constitute dishonour of the cheque by non-payment. (4) Section 52(4) shall not apply — ( a ) in relation to presenting a bill for payment, to presenting a cheque for payment under subsection (1); and ( b ) in relation to a bill which is paid, to a cheque which is paid following presentment under subsection (1). (5) For the avoidance of doubt, any payment made upon presentment in accordance with this section shall not be taken to have been made outside of the ordinary course of business, in bad faith or negligently only because it is made upon transmission of an image and the electronic payment information of the cheque rather than presentment of the cheque itself. (6) Where presentment of a cheque is made under this section, the banker who presented the cheque and the banker on whom it is drawn shall be subject to the same duties in relation to the collection and payment of the cheque as if the cheque itself had been presented for payment. (7) For the purposes of this section — ( a ) the image of a cheque shall comprise the front view and the back view of the cheque; and ( b ) the electronic payment information of a cheque shall comprise such matters as may be prescribed by the Authority under section 91.


document_id: bea-1949
provision_ref: s90
chapter: PART 3 - CHEQUES DRAWN ON BANKER
section: 90
title: Image return document
content:
90. —(1) Where a cheque presented for payment in accordance with section 89(1) is dishonoured by non-payment, the banker to whom the cheque was first presented by the holder (referred to in this section as the presenting banker) shall, unless the presenting banker returns the cheque itself or the holder requests the return of the cheque itself, issue to the holder an image return document. (2) Subject to subsection (4), an image return document may be presented for payment to the presenting banker by the holder to whom the image return document was issued as if that document were the cheque to which it relates. (3) An image return document shall be deemed to be the cheque to which it relates for the purpose of presentment under subsection (2). (4) An image return document may be presented under subsection (2) for payment by the holder only if — ( a ) the presenting banker states in that document that it is valid for presentment; and ( b ) the presentment is made within the period for the presentment stated in that document. (5) Where an image return document has been lost before the expiry of the period for its presentment stated therein, the person who was the holder of the document may apply to the drawer of the cheque to which the document relates, and the drawer may be compelled, to give him another cheque of the same tenor, subject to him giving security to indemnify the drawer (if required) against all claims arising in case the document alleged to have been lost is found again. (6) In this section, “image return document” means a document issued by a presenting banker containing such particulars as may be prescribed by the Authority under section 91. Regulations relating to cheque truncation


document_id: bea-1949
provision_ref: s91
chapter: PART 3 - CHEQUES DRAWN ON BANKER
section: 91
title: Regulations
content:
91. The Authority may, with the approval of the Minister, make such regulations as may be necessary or expedient for giving effect to the provisions of this Act in respect of any matter or thing relating to cheque truncation.


document_id: bea-1949
provision_ref: s92
chapter: PART 4 - PROMISSORY NOTES
section: 92
title: Promissory note defined
content:
92. —(1) A promissory note is an unconditional promise in writing made by one person to another signed by the maker, engaging to pay, on demand or at a fixed or determinable future time, a sum certain in money, to, or to the order of, a specified person or to bearer. (2) An instrument in the form of a note payable to maker’s order is not a note within the meaning of this section unless it is indorsed by the maker. (3) A note is not invalid by reason only that it contains also a pledge of collateral security with authority to sell or dispose thereof. (4) A note which is, or on the face of it purports to be, both made and payable within Singapore is an inland note. Any other note is a foreign note.


document_id: bea-1949
provision_ref: s94
chapter: PART 4 - PROMISSORY NOTES
section: 94
title: Joint and several notes
content:
94. —(1) A promissory note may be made by 2 or more makers, and they may be liable thereon jointly, or jointly and severally according to its tenor. (2) Where a note runs “I promise to pay” and is signed by 2 or more persons it is deemed to be their joint and several note.


document_id: bea-1949
provision_ref: s95
chapter: PART 4 - PROMISSORY NOTES
section: 95
title: Note payable on demand
content:
95. —(1) Where a note payable on demand has been indorsed, it must be presented for payment within a reasonable time of the indorsement. (2) If it be not so presented, the indorser is discharged. (3) In determining what is a reasonable time, regard shall be had to the nature of the instrument, the usage of trade, and the facts of the particular case. (4) Where a note payable on demand is negotiated, it is not deemed to be overdue, for the purpose of affecting the holder with defects of title of which he had no notice, by reason that it appears that a reasonable time for presenting it for payment has elapsed since its issue.


document_id: bea-1949
provision_ref: s96
chapter: PART 4 - PROMISSORY NOTES
section: 96
title: Presentment of note for payment
content:
96. —(1) Where a promissory note is in the body of it made payable at a particular place, it must be presented for payment at that place in order to render the maker liable. (2) In any other case, presentment for payment is not necessary in order to render the maker liable. (3) Presentment for payment is necessary in order to render the indorser of a note liable. (4) Where a note is in the body of it made payable at a particular place, presentment at that place is necessary in order to render an indorser liable; but when a place of payment is indicated by way of memorandum only, presentment at that place is sufficient to render the indorser liable, but a presentment to the maker elsewhere, if sufficient in other respects, shall also suffice.


document_id: bea-1949
provision_ref: s97
chapter: PART 4 - PROMISSORY NOTES
section: 97
title: Liability of maker
content:
97. The maker of a promissory note by making it — ( a ) engages that he will pay it according to its tenor; ( b ) is precluded from denying to a holder in due course the existence of the payee and his then capacity to indorse.


document_id: bea-1949
provision_ref: s98
chapter: PART 4 - PROMISSORY NOTES
section: 98
title: Application of Part 2 to notes
content:
98. —(1) Subject to the provisions in this Part, and except as by this section provided, the provisions of this Act relating to bills of exchange apply, with the necessary modifications, to promissory notes. (2) In applying those provisions the maker of a note shall be deemed to correspond with the acceptor of a bill, and the first indorser of a note shall be deemed to correspond with the drawer of an accepted bill payable to drawer’s order. (3) The following provisions as to bills do not apply to notes, namely, provisions relating to: ( a ) presentment for acceptance; ( b ) acceptance; ( c ) acceptance supra protest ; ( d ) bills in a set. (4) Where a foreign note is dishonoured, protest thereof is unnecessary.


document_id: bea-1949
provision_ref: s99
chapter: PART 5 - SUPPLEMENTARY
section: 99
title: Good faith
content:
99. A thing is deemed to be done in good faith, within the meaning of this Act, where it is in fact done honestly, whether it is done negligently or not.


document_id: bea-1949
provision_ref: s100
chapter: PART 5 - SUPPLEMENTARY
section: 100
title: Signature
content:
100. —(1) Where, by this Act, any instrument or writing is required to be signed by any person, it is not necessary that he should sign it with his own hand, but it is sufficient if his signature is written thereon by some other person by or under his authority. (2) In the case of a corporation, where, by this Act, any instrument or writing is required to be signed, it is sufficient if the instrument or writing be sealed with the corporate seal. (3) Nothing in this section shall be construed as requiring the bill or note of a corporation to be under seal.


document_id: bea-1949
provision_ref: s101
chapter: PART 5 - SUPPLEMENTARY
section: 101
title: Computation of time
content:
101. —(1) Where, by this Act, the time limited for doing any act or thing is less than 3 days, in reckoning time non-business days shall be excluded. (2) In this Act, “non-business days” means — ( a ) Sundays; ( b ) bank or public holidays; and ( c ) in the case of bills other than Singapore bills or bills prescribed by the Minister under sub-paragraph (i) of the proviso to section 14( a ) — Saturday. (3) Any other day is a business day.


document_id: bea-1949
provision_ref: s102
chapter: PART 5 - SUPPLEMENTARY
section: 102
title: Obligation to do acts relating to bills and notes on Sundays or public holidays
content:
102. —(1) Subject to section 14, all bills and notes that are due and payable on any Sunday or public holiday shall be payable, and, in the case of non-payment, may be noted and protested, on the day next following and not on the Sunday or public holiday. (2) Any such noting or protest shall be as valid as if made on the day on which the bill or note was made due and payable. (3) When the day on which any notice of dishonour of an unpaid bill or note should be given, or when the day on which a bill or note should be presented or received for acceptance or accepted or forwarded to any referee or referees, is a Sunday or public holiday, the notice of dishonour shall be given, or the bill or note shall be presented or forwarded, on the day next following the Sunday or public holiday. (4) No person shall be compellable to make any payment or do any act relating to a bill or note on a Sunday or public holiday, but the obligation to make such payment or to do any such act shall be deferred to the day next following the Sunday or public holiday; and the making of the payment or the doing of the act on the day next following shall be equivalent to payment or the doing of the act on the Sunday or public holiday. (5) For the purposes of this section, the day next following a Sunday or public holiday means the next following day not being itself a Sunday or public holiday.


document_id: bea-1949
provision_ref: s103
chapter: PART 5 - SUPPLEMENTARY
section: 103
title: When noting equivalent to protest
content:
103. For the purposes of this Act, where a bill or note is required to be protested within a specified time or before some further proceeding is taken, it is sufficient that the bill has been noted for protest before the expiration of the specified time or the taking of the proceeding; and the formal protest may be extended at any time thereafter as of the date of the noting.


document_id: bea-1949
provision_ref: s104
chapter: PART 5 - SUPPLEMENTARY
section: 104
title: Protest when notary not accessible
content:
104. —(1) Where a dishonoured bill or note is authorised or required to be protested, and the services of a notary cannot be obtained at the place where the bill is dishonoured, any Magistrate may give a certificate signed and sealed by him, attesting the dishonour of the bill, and the certificate shall in all respects operate as if it were a formal protest of the bill. (2) Any Magistrate acting under subsection (1) shall, as far as possible, be guided by any rules having the force of law for the time being in force which may have been promulgated for the guidance of notaries public. (3) The Minister may by notification in the Gazette prescribe the fees payable on issue of certificates under subsection (1), and may in the like manner prescribe the form of such certificates.


document_id: bea-1949
provision_ref: s105
chapter: PART 5 - SUPPLEMENTARY
section: 105
title: Dividend warrants and banker’s draft may be crossed
content:
105. The provisions of this Act as to crossed cheques shall apply to a warrant for payment of dividend and to a banker’s draft.


document_id: bea-1949
provision_ref: s106
chapter: PART 5 - SUPPLEMENTARY
section: 106
title: Saving
content:
106. —(1) The rules in bankruptcy relating to bills of exchange, promissory notes and cheques shall continue to apply thereto notwithstanding anything in this Act. (2) Nothing in this Act shall affect — ( a ) the provisions of any written law for the time being in force relating to revenue; ( b ) the provisions of any written law for the time being in force relating to joint stock banks or companies; ( c ) the validity of any usage relating to dividend warrants, or the indorsement thereof.


document_id: bla-1992
provision_ref: s1
section: 1
title: Shipping documents, etc., to which Act applies
content:
1. —(1) This Act applies to the following documents: ( a ) any bill of lading; ( b ) any sea waybill; ( c ) any ship’s delivery order. (2) References in this Act to a bill of lading — ( a ) do not include references to a document which is incapable of transfer either by indorsement or, as a bearer bill, by delivery without indorsement; but ( b ) subject to that, do include references to a received for shipment bill of lading. (3) References in this Act to a sea waybill are references to any document which is not a bill of lading but — ( a ) is such a receipt for goods as contains or evidences a contract for the carriage of goods by sea; and ( b ) identifies the person to whom delivery of the goods is to be made by the carrier in accordance with that contract. (4) References in this Act to a ship’s delivery order are references to any document which is neither a bill of lading nor a sea waybill but contains an undertaking which — ( a ) is given under or for the purposes of a contract for the carriage by sea of the goods to which the document relates, or of goods which include those goods; and ( b ) is an undertaking by the carrier to a person identified in the document to deliver the goods to which the document relates to that person.


document_id: bla-1992
provision_ref: s2
section: 2
title: Rights under shipping documents
content:
2. —(1) Subject to the following provisions of this section, a person who becomes — ( a ) the lawful holder of a bill of lading; ( b ) the person who (without being an original party to the contract of carriage) is the person to whom delivery of the goods to which a sea waybill relates is to be made by the carrier in accordance with that contract; or ( c ) the person to whom delivery of the goods to which a ship’s delivery order relates is to be made in accordance with the undertaking contained in the order, shall (by virtue of becoming the holder of the bill or, as the case may be, the person to whom delivery is to be made) have transferred to and vested in him all rights of suit under the contract of carriage as if he had been a party to that contract. (2) Where, when a person becomes the lawful holder of a bill of lading, possession of the bill no longer gives a right (as against the carrier) to possession of the goods to which the bill relates, that person shall not have any rights transferred to him by virtue of subsection (1) unless he becomes the holder of the bill — ( a ) by virtue of a transaction effected in pursuance of any contractual or other arrangements made before the time when such a right to possession ceased to attach to possession of the bill; or ( b ) as a result of the rejection to that person by another person of goods or documents delivered to the other person in pursuance of any such arrangements. (3) The rights vested in any person by virtue of the operation of subsection (1) in relation to a ship’s delivery order — ( a ) shall be so vested subject to the terms of the order; and ( b ) where the goods to which the order relates form a part only of the goods to which the contract of carriage relates, shall be confined to rights in respect of the goods to which the order relates. (4) Where, in the case of any document to which this Act applies — ( a ) a person with any interest or right in or in relation to goods to which the document relates sustains loss or damage in consequence of a breach of the contract of carriage; but ( b ) subsection (1) operates in relation to that document so that rights of suit in respect of that breach are vested in another person, the other person shall be entitled to exercise those rights for the benefit of the person who sustained the loss or damage to the same extent as they could have been exercised if they had been vested in the person for whose benefit they are exercised. (5) Where rights are transferred by virtue of the operation of subsection (1) in relation to any document, the transfer for which that subsection provides shall extinguish any entitlement to those rights which derives — ( a ) where that document is a bill of lading, from a person’s having been an original party to the contract of carriage; or ( b ) in the case of any document to which this Act applies, from the previous operation of that subsection in relation to that document, but the operation of that subsection shall be without prejudice to any rights which derive from a person’s having been an original party to the contract contained in, or evidenced by, a sea waybill and, in relation to a ship’s delivery order, shall be without prejudice to any rights deriving otherwise than from the previous operation of that subsection in relation to that order.


document_id: bla-1992
provision_ref: s3
section: 3
title: Liabilities under shipping documents
content:
3. —(1) Where section 2(1) operates in relation to any document to which this Act applies and the person in whom rights are vested by virtue of that subsection — ( a ) takes or demands delivery from the carrier of any of the goods to which the document relates; ( b ) makes a claim under the contract of carriage against the carrier in respect of any of those goods; or ( c ) is a person who, at a time before those rights were vested in him, took or demanded delivery from the carrier of any of those goods, that person shall (by virtue of taking or demanding delivery or making the claim or, in a case falling within paragraph ( c ), of having the rights vested in him) become subject to the same liabilities under that contract as if he had been a party to that contract. (2) Where the goods to which a ship’s delivery order relates form a part only of the goods to which the contract of carriage relates, the liabilities to which any person is subject by virtue of the operation of this section in relation to that order shall exclude liabilities in respect of any goods to which the order does not relate. (3) This section, so far as it imposes liabilities under any contract on any person, shall be without prejudice to the liabilities under the contract of any person as an original party to the contract.


document_id: bla-1992
provision_ref: s4
section: 4
title: Representations in bills of lading
content:
4. A bill of lading which — ( a ) represents goods to have been shipped on board a vessel or to have been received for shipment on board a vessel; and ( b ) has been signed by the master of the vessel or by a person who was not the master but had the express, implied or apparent authority of the carrier to sign bills of lading, shall, in favour of a person who has become the lawful holder of the bill, be conclusive evidence against the carrier of the shipment of the goods or, as the case may be, of their receipt for shipment.


document_id: bla-1992
provision_ref: s5
section: 5
title: Interpretation
content:
5. —(1) In this Act — “bill of lading”, “sea waybill” and “ship’s delivery order” shall be construed in accordance with section 1; “the contract of carriage” — ( a ) in relation to a bill of lading or sea waybill, means the contract contained in or evidenced by that bill or waybill; and ( b ) in relation to a ship’s delivery order, means the contract under or for the purposes of which the undertaking contained in the order is given; “holder”, in relation to a bill of lading, shall be construed in accordance with subsection (2). [43/99; 5/2021] (2) References in this Act to the holder of a bill of lading are references to any of the following persons: ( a ) a person with possession of the bill who, by virtue of being the person identified in the bill, is the consignee of the goods to which the bill relates; ( b ) a person with possession of the bill as a result of the completion, by delivery of the bill, of any indorsement of the bill or, in the case of a bearer bill, of any other transfer of the bill; ( c ) a person with possession of the bill as a result of any transaction by virtue of which he would have become a holder falling within paragraph ( a ) or ( b ) had not the transaction been effected at a time when possession of the bill no longer gave a right (as against the carrier) to possession of the goods to which the bill relates, and a person shall be regarded for the purposes of this Act as having become the lawful holder of a bill of lading wherever he has become the holder of the bill in good faith. (3) References in this Act to a person’s being identified in a document include references to his being identified by a description which allows for the identity of the person in question to be varied, in accordance with the terms of the document, after its issue; and the reference in section 1(3)( b ) to a document’s identifying a person shall be construed accordingly. (4) Without prejudice to sections 2(2) and 4, nothing in this Act shall preclude its operation in relation to a case where the goods to which a document relates — ( a ) cease to exist after the issue of the document; or ( b ) cannot be identified (whether because they are mixed with other goods or for any other reason), and references in this Act to the goods to which a document relates shall be construed accordingly. (5) The preceding provisions of this Act shall have effect without prejudice to the application, in relation to any case, of the rules (the Hague-Visby Rules) which for the time being have the force of law by virtue of section 3 of the Carriage of Goods by Sea Act 1972.


document_id: bnra-2014
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — [ Deleted by Act 21 of 2024 wef 09/12/2024 ] “ACRA administered Act” means the Accounting and Corporate Regulatory Authority Act 2004 or any of the written laws specified in the Second Schedule to that Act; [Act 21 of 2024 wef 09/12/2024] “authorised representative” means an authorised representative appointed under section 11(1); “Authority” means the Accounting and Corporate Regulatory Authority established under the Accounting and Corporate Regulatory Authority Act 2004; “business” includes every form of trade, commerce and profession, and any other activity, that is carried on for the purposes of gain, but does not include any office, employment or occupation; “business name” means the name under which a person carries on business; “certificate of confirmation of registration” means a certificate issued under section 8(2); “company” has the meaning given by section 4(1) of the Companies Act 1967; “contact address”, in relation to an individual, means an address that meets all of the following conditions: ( a ) it is a physical address at which the individual can be physically found or contacted by post; ( b ) it is not a post office box number; ( c ) it is located in the same jurisdiction as the individual’s residential address; [Act 21 of 2024 wef 09/12/2024] “corporation” means any body corporate formed, incorporated or existing in Singapore or outside Singapore and includes — ( a ) any company; ( b ) any limited liability partnership registered under the Limited Liability Partnerships Act 2005; and ( c ) any foreign company; “document” means — ( a ) any application, form, report, certification, notice, confirmation, declaration or other document to be filed or lodged with or submitted to the Registrar; or ( b ) any certificate, notice or other document to be issued by the Registrar; “electronic transaction system” means the electronic transaction system mentioned in section 29(1); [Act 21 of 2024 wef 09/12/2024] “firm” means an unincorporated body of — ( a ) 2 or more individuals; ( b ) one or more individuals and one or more corporations; or ( c ) 2 or more corporations, who have entered into partnership with one another with a view to carrying on business for profit; “foreign company” has the meaning given by section 4(1) of the Companies Act 1967; “full name” or “name” means — ( a ) in the case of an individual registered under the National Registration Act 1965 — the name as it appears in the latest identity card issued to that individual under section 9 of that Act; or ( b ) in the case of an individual not registered under the National Registration Act 1965 — the name as it appears in the latest passport issued to that individual or such other similar evidence of identification as is available; [Act 21 of 2024 wef 09/12/2024] “individual” means a natural person and, where appropriate, includes — ( a ) an administrator, an executor, a liquidator, a trustee, a nominee, or a guardian of the individual; or ( b ) a donee or deputy appointed under the Mental Capacity Act 2008 in respect of the individual, having direct control or management of the business carried on by the individual; “individual proprietor” means an individual carrying on business as a sole proprietor; “inspector” means a person authorised in writing by the Registrar under section 32(1) to be an inspector for the purposes of this Act; “notice of registration” means a notice issued under section 8(1)( b ); “register” means the register kept under this Act; “registered” means registered under this Act; “registered business name” means the business name in respect of which a person is registered under section 8; “Registrar” means the Registrar of Business Names appointed under section 3(2) and includes any Deputy Registrar or Assistant Registrar of Business Names appointed under that section; “residential address”, in relation to an individual, means the individual’s usual place of residence. (2) A person who has a place of business in Singapore is to be treated as carrying on business in Singapore for the purposes of this Act. (3) Despite subsection (2), a foreign company is not to be treated as carrying on business in Singapore for the reason only that in Singapore it — ( a ) is or becomes a party to any action or suit or any administrative or arbitration proceeding, or effects settlement of an action, a suit or a proceeding or of any claim or dispute; ( b ) holds meetings of its directors or shareholders or carries on other activities concerning its internal affairs; ( c ) maintains any bank account; ( d ) effects any sale through an independent contractor; ( e ) solicits or procures any order that becomes a binding contract only if the order is accepted outside Singapore; ( f ) creates evidence of any debt or creates a charge on movable or immovable property; ( g ) secures or collects any of its debts or enforces its rights in regard to any securities relating to such debts; ( h ) conducts an isolated transaction that is completed within a period of 31 days, but not being one of a number of similar transactions repeated from time to time; ( i ) invests any of its funds or holds any property; ( j ) establishes a share transfer or share registration office in Singapore; ( k ) effects any transaction through its related corporation licensed or approved under any written law by the Monetary Authority of Singapore established under the Monetary Authority of Singapore Act 1970, and under an arrangement approved by that Authority; or ( l ) carries on any other activity that may be prescribed. (4) In subsection (3), “related corporation” has the meaning given by section 4(1) of the Companies Act 1967. (5) A reference to a document being filed or lodged with the Registrar is a reference to the document being filed or lodged with the Registrar in such manner and form as the Registrar may determine. (6) For the purposes of sections 8(7), 12(4), 16(5) and 17(9) and (10), any reference to the Minister includes a reference to such Minister of State for his or her Ministry who is authorised by the Minister for the purposes of hearing an appeal under that provision.


document_id: bnra-2014
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Administration of Act and appointment of Registrar of Business Names, etc.
content:
3. —(1) The Authority is responsible for the administration of this Act, subject to the general or special directions of the Minister. (2) The Minister may, after consulting the Authority, appoint — ( a ) an officer of the Authority to be the Registrar of Business Names; and ( b ) such numbers of Deputy Registrars and Assistant Registrars of Business Names from among the officers of the Authority, public officers and the officers of any other statutory body, for the proper administration of this Act. (3) The Registrar is responsible for keeping a register of registered persons and their registered business names, generally for the carrying out of the provisions of this Act, and for the collection of the fees payable under this Act and payment of all amounts so collected into the funds of the Authority. (4) The Authority may give to the Registrar such directions, not inconsistent with the provisions of this Act, as to the exercise of the Registrar’s powers, functions or duties under this Act, and the Registrar is to give effect to such directions. (5) The Registrar may, subject to such conditions or restrictions as the Registrar thinks fit, for the purposes of the administration of this Act, delegate to any Deputy Registrar or Assistant Registrar of Business Names all or any of the powers, functions and duties vested in the Registrar by this Act except the power of delegation conferred by this section.


document_id: bnra-2014
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Persons not required to be registered under Act
content:
4. —(1) The following persons are not required to be registered when carrying on business in Singapore: ( a ) any individual proprietor carrying on business under only the individual proprietor’s full name; ( b ) any firm of 2 or more individuals carrying on business under only the full names of all the individuals; ( c ) subject to subsection (2), any individual or firm of 2 or more individuals carrying on any business consisting solely of the exercise of any profession that, under the provisions of any written law, can be exercised only by those who possess certain qualifications prescribed by the written law and whose names are registered or otherwise recorded in the manner prescribed by any written law; ( d ) a person ( A ) in respect of or for whom another person ( B ) carries on business wholly or mainly as nominee or trustee if B has provided the particulars required under section 7(1); ( e ) any statutory authority or other body established by or under any public Act for a public purpose; ( f ) any institution, authority, person or fund specified in the First Schedule to the Income Tax Act 1947; ( g ) any society registered under the Societies Act 1966; ( h ) any society registered under the Co‑operative Societies Act 1979; ( i ) any mutual benefit organisation registered under the Mutual Benefit Organisations Act 1960; ( j ) any trade union registered under the Trade Unions Act 1940; ( ja ) any platform work association registered under the Platform Workers Act 2024; [Act 30 of 2024 wef 01/11/2024] ( k ) the Public Trustee or the Official Assignee of the property of a bankrupt; ( l ) any foreign company carrying on business in Singapore that is registered under the Companies Act 1967 and carries on the business under its registered name; ( m ) any company carrying on business under its corporate name; ( n ) any limited liability partnership registered under the Limited Liability Partnerships Act 2005 carrying on business under its registered name; ( o ) subject to section 42(3) of the Limited Partnerships Act 2008, any limited partnership registered under that Act; ( p ) any other person or class of persons for the time being exempted by the Minister under regulations made under section 43; and ( q ) any individual proprietor who carried on any business specified in the First Schedule to the Business Registration Act (Cap. 32, 2004 Revised Edition) immediately before 3 January 2016 and who is alive and continues to carry on the same business on and after that date. (2) An individual or a firm of 2 or more individuals referred to in subsection (1)( c ), is required to be registered when carrying on business in Singapore if regulations made under section 43 prescribe that the exemption under subsection (1)( c ) does not apply to such individual or firm. (3) A person carrying on business in Singapore who is not required to be registered under subsection (1), other than a person who is specified in any of the provisions of subsection (1)( e ) to ( o ), may choose to be registered. (4) A person who is not required to be registered but chooses to be registered is subject to and must comply with the provisions of this Act for the period of time that the person is so registered. (5) In this section, a reference to an individual or a person includes a class of individuals or a class of persons, respectively. [Act 21 of 2024 wef 09/12/2024]


document_id: bnra-2014
provision_ref: s5
chapter: PART 2 - REGISTRATION
section: 5
title: Requirement to register
content:
5. —(1) Subject to the provisions of this Act, before a person carries on business in Singapore, the person and the person’s business name must be registered. (2) Where a person intends to carry on business in Singapore under more than one business name, there must be separate registrations in respect of the person and each of those business names, and any reference to registration in this Act is to be construed accordingly.


document_id: bnra-2014
provision_ref: s6
chapter: PART 2 - REGISTRATION
section: 6
title: Manner and particulars of registration
content:
6. —(1) An application for registration — ( a ) is to be lodged with the Registrar by an appropriate person; and ( b ) is to contain the following particulars: (i) the business name; (ii) the general nature of the business; (iii) the principal place of business; (iv) where the business is to be carried on by an individual proprietor, the full name, identification, nationality, residential address and contact address of that individual proprietor; [Act 21 of 2024 wef 09/12/2024] (v) where the business is to be carried on by a sole proprietor that is a corporation, the corporate name, registration number and registered office of that corporation; (vi) where the business is to be carried on by a firm — (A) the full name, identification, nationality, residential address and contact address of every partner of the firm who is an individual; and [Act 21 of 2024 wef 09/12/2024] (B) the corporate name, registration number and registered office of every partner of the firm that is a corporation; (vii) the full name, identification, nationality, residential address and contact address of every authorised representative, if any; [Act 21 of 2024 wef 09/12/2024] (viii) the date or proposed date of commencement of business; and (ix) any other information concerning the person proposing to carry on business and the person’s business name that is prescribed. (2) The Registrar may, in any particular case, require the application referred to in subsection (1) to be verified in such manner as the Registrar considers fit. (3) In subsection (1) — “appropriate person” means — ( a ) where the registration to be effected is that of an individual proprietor, that individual; ( b ) where the registration to be effected is that of a company, a director or a secretary of the company; ( c ) where the registration to be effected is that of a limited liability partnership within the meaning of section 2 of the Limited Liability Partnerships Act 2005, a manager of the limited liability partnership; ( d ) where the registration to be effected is that of a foreign company registered under Division 2 of Part 11 of the Companies Act 1967, an authorised representative of the foreign company as defined in section 366 of that Act; ( e ) where the registration to be effected is that of a firm, an individual who is either — (i) a partner of the firm; or (ii) an appropriate person specified in paragraph ( b ), ( c ) or ( d ) (as the case may be) in respect of any company, limited liability partnership or foreign company that is a partner of the firm; or ( f ) a registered corporate service provider who is authorised by, and is acting for, the person seeking to be registered under this Act; [Act 22 of 2024 wef 09/06/2025] “identification” means — ( a ) in the case of an individual issued with an identity card under the National Registration Act 1965, the number of the individual’s identity card; and ( b ) in the case of an individual not issued with an identity card under that Act, particulars of the individual’s passport or any other similar evidence of identity that is acceptable to the Registrar; [Act 22 of 2024 wef 09/06/2025] “registered corporate service provider” has the meaning given by section 2(1) of the Corporate Service Providers Act 2024. [Act 22 of 2024 wef 09/06/2025]


document_id: bnra-2014
provision_ref: s7
chapter: PART 2 - REGISTRATION
section: 7
title: Registration by nominee or trustee
content:
7. —(1) Where a person ( B ) carries on a business wholly or mainly as nominee or trustee of or for another person ( A ), for the general purposes of the business in Singapore, B must, in addition to the particulars required by section 6, provide such particulars as may be prescribed. (2) A person must not carry on business in Singapore as nominee or trustee of a foreign company.


document_id: bnra-2014
provision_ref: s8
chapter: PART 2 - REGISTRATION
section: 8
title: Registration
content:
8. —(1) Subject to the provisions of this Act, upon receiving an application for registration under section 6, the Registrar must — ( a ) register the applicant and the applicant’s business name; and ( b ) issue the applicant a notice of registration stating the registered business name and date on which the applicant is registered. (2) The Registrar may, upon receiving an application lodged by a person registered under subsection (1) and the prescribed fee, issue a certificate of confirmation of the registration of the person and the person’s business name in such form as the Registrar may determine. (3) Every registration is valid for such period as the Registrar may specify and, subject to the provisions of this Act and upon payment of the prescribed fee, is renewable for such period as the Registrar may approve. (4) On receiving an application for the renewal of registration, the Registrar may require additional particulars or other information from the applicant and may refuse to renew the registration if the Registrar is not provided with those particulars or information. (5) The Registrar is not required to register any person and the person’s business name, or renew any registration, if the Registrar is not satisfied with the particulars or other information provided under the provisions of this Act. (6) The registration or renewal of registration of a person and the person’s business name is not to be taken to imply that the person, or any person employed by the person, has complied with the requirements of any law in relation to any business carried on by that person. (7) Subject to section 13(2), any person who is aggrieved by the Registrar’s refusal under this Act — ( a ) to register the person and the person’s business name; or ( b ) to renew the registration of the person and the person’s business name, may, within 30 days after the date the person is notified of that refusal, appeal to the Minister whose decision is final.


document_id: bnra-2014
provision_ref: s9
chapter: PART 2 - REGISTRATION
section: 9
title: When registration must be refused
content:
9. Despite any provision in this Act or any other written law, but subject to a right of appeal under section 8(7) (if any), the Registrar must refuse to register a person and the person’s business name under this Act where the Registrar is satisfied that — ( a ) the business is likely to be used for an unlawful purpose or for purposes prejudicial to public peace, welfare or good order in Singapore; ( b ) it would be contrary to the national security or interest for the person to be registered; or ( c ) the person is a foreign company that is not registered under Division 2 of Part 11 of the Companies Act 1967.


document_id: bnra-2014
provision_ref: s10
chapter: PART 2 - REGISTRATION
section: 10
title: Registration does not confer ownership
content:
10. —(1) The registration of a person in respect of any business name does not confer on the person any property in the registered business name, or in any word or expression that constitutes or is included in the registered business name. (2) The registration of a person is not to be taken as evidence that the person so registered owns any property or right or interest in any property held on account of, or used for the purposes of, the business.


document_id: bnra-2014
provision_ref: s11
chapter: PART 2 - REGISTRATION
section: 11
title: Authorised representative
content:
11. —(1) Where an individual proprietor, all the partners of a firm or all the officers of a foreign company (as the case may be) does not or do not reside in Singapore (either at or after the time the individual proprietor, firm or foreign company was registered), the individual proprietor, firm or foreign company must appoint, within the time specified in subsection (3), (4) or (11), whichever is applicable, at least one authorised representative who must meet the criteria set out in subsection (2). (2) The authorised representative must be — ( a ) a natural person; ( b ) at least 18 years of age; ( c ) otherwise of full legal capacity; and ( d ) ordinarily resident in Singapore. (3) If at the time of registration the individual proprietor, all the partners of the firm or all the officers of the foreign company (as the case may be) does not or do not reside in Singapore, the authorised representative must be appointed — ( a ) at the time the individual proprietor, firm or foreign company is registered; or ( b ) if the individual proprietor, firm or foreign company will carry on business in Singapore on a date after the date of registration, not later than the date on which the individual proprietor, firm or foreign company commences to carry on business in Singapore. (4) If the individual proprietor, all the partners of the firm or all the officers of the foreign company (as the case may be) ceases or cease to reside in Singapore at any time after registration, the authorised representative must be appointed — ( a ) in the case of the individual proprietor, within 30 days after the date on which the individual proprietor ceases to reside in Singapore; ( b ) in the case of the firm, within 30 days after the date on which the last partner resident in Singapore ceases to reside in Singapore; and ( c ) in the case of the foreign company, within 30 days after the date on which the last officer of the foreign company resident in Singapore ceases to reside in Singapore. (5) The authorised representative is personally responsible for the discharge of all obligations attaching to the individual proprietor, firm or foreign company that is registered from the date of his or her appointment. (6) In the case of any default in respect of any obligation referred to in subsection (5), the authorised representative is subject to the same responsibilities, liabilities and penalties as the individual proprietor, firm or foreign company (as the case may be) and all the penal and other provisions of this Act are to be construed accordingly. (7) The individual proprietor, firm or foreign company referred to in subsection (1) must lodge with the Registrar a notice of the appointment of the authorised representative, and a notice of the consent of the authorised representative to be so appointed, within 14 days after the date of appointment. (8) The notice of appointment must contain the authorised representative’s residential address and contact address. [Act 21 of 2024 wef 09/12/2024] (9) Where an authorised representative appointed under subsection (1) — ( a ) resigns, retires, dies or otherwise ceases to be an authorised representative for any reason; or ( b ) ceases to be qualified as an authorised representative, the individual proprietor, firm or foreign company referred to in subsection (1) must lodge with the Registrar a notice that the authorised representative has ceased to be, or ceased to be qualified to be, the individual proprietor’s, firm’s or foreign company’s authorised representative within 14 days after that event. (10) If the individual proprietor, firm or foreign company referred to in subsection (1) fails to lodge with the Registrar the notice under subsection (9), the former authorised representative may lodge a notice with the Registrar that he or she has ceased to be, or ceased to be qualified to be, the authorised representative for the individual proprietor, firm or foreign company. (11) Where the sole authorised representative of an individual proprietor, a firm or a foreign company appointed under subsection (1) — ( a ) resigns, retires, dies or otherwise ceases to be the authorised representative for any reason; or ( b ) ceases to be qualified as an authorised representative, the individual proprietor, firm or foreign company must, within 30 days after the date on which the sole authorised representative ceases to be, or ceases to be qualified to be, the authorised representative, appoint a new authorised representative. (12) An individual proprietor, a firm or a foreign company that fails to comply with a requirement under subsection (1), (7) or (9) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. (13) In this section, “officer”, in relation to a foreign company, includes any director, secretary, manager, office holder or person employed in an executive capacity. (14) For the purposes of determining whether a person (including a partner of a firm) resides outside Singapore — ( a ) a corporation resides outside Singapore if the corporation is incorporated or formed outside Singapore; and ( b ) an individual resides outside Singapore if the individual’s residential address is outside Singapore. (15) For the purpose of subsection (4)( b ), a partner that is — ( a ) a company; or ( b ) a limited liability partnership registered under the Limited Liability Partnerships Act 2005, ceases to reside in Singapore when it is dissolved. (16) For the purposes of subsections (9), (10) and (11), an authorised representative ceases to be qualified to be an authorised representative if he or she ceases to have full legal capacity or ceases to be ordinarily resident in Singapore.


document_id: bnra-2014
provision_ref: s12
chapter: PART 2 - REGISTRATION
section: 12
title: General power to cancel registration
content:
12. —(1) The Registrar may cancel the registration of a person and the person’s business name if — ( a ) the Registrar is satisfied that — (i) the business of the person is being used or is intended to be used for an unlawful purpose or for purposes prejudicial to public peace, welfare or good order in Singapore; or (ii) it would be contrary to the national security or interest for the person to continue to be registered; ( b ) in connection with the person’s business, the person carrying on the business, or any other person appointed by that person to manage the business solely or substantially on that person’s behalf, has been convicted of an offence under the Charities Act 1994; or ( c ) the person required to appoint an authorised representative under section 11(1) — (i) fails to appoint an authorised representative within the period that the authorised representative is required to be appointed under section 11(3) or (4); or (ii) fails to appoint a new authorised representative within 30 days after the date that the person’s sole authorised representative resigned, retired, died or otherwise ceased to be, or ceased to be qualified to be, the person’s authorised representative as required under section 11(11). (2) The Registrar may cancel the registration of a person and the person’s business name if the Central Provident Fund Board established under the Central Provident Fund Act 1953 has notified the Registrar that the person is a member of the Central Provident Fund established by section 6 of that Act and has failed to comply with section 9A of that Act relating to the payment of contributions by that person to the Central Provident Fund. [Act 3 of 2024 wef 26/02/2024] (3) Before cancelling any registration under subsection (1) or (2), the Registrar must — ( a ) give the person notice in writing of the Registrar’s intention to cancel the registration; ( b ) specify in the notice a period of at least 30 days within which the person may make written representations to the Registrar; and ( c ) consider the person’s written representations (if any) to the proposed cancellation that are received by the Registrar within the time specified in the notice. (4) Subject to section 13(3), any person aggrieved by the cancellation under subsection (1) or (2) may, within 30 days after the date the person is notified of the cancellation or such further period as the Minister may allow in any particular case, appeal to the Minister whose decision is final.


document_id: bnra-2014
provision_ref: s13
chapter: PART 2 - REGISTRATION
section: 13
title: Supplemental provision to sections 9 and 12
content:
13. —(1) For the purposes of sections 9( b ) and 12(1)( a )(ii), a certificate issued under the hand of the Minister charged with the responsibility for internal security stating that the Minister is satisfied that it would be contrary to the national security or interest for the person named in the certificate to be registered or to continue to be registered is conclusive evidence of the matters so stated. (2) Section 8(7) does not apply in a case where the Registrar refuses to register a person under section 9( b ) on the basis of a certificate issued under subsection (1). (3) Section 12(4) does not apply in a case where the Registrar cancels the registration of a person and the person’s business name under section 12(1)( a )(ii) on the basis of a certificate issued under subsection (1).


document_id: bnra-2014
provision_ref: s14
chapter: PART 2 - REGISTRATION
section: 14
title: Cancellation for failure to renew registration
content:
14. —(1) If the registration of a person and the person’s business name expires, the Registrar is to give written notice to the person that the Registrar may cancel the registration unless the registration is renewed within the period stated in the notice. (2) The period stated in the notice under subsection (1) must be at least 30 days after the date of the notice. (3) The Registrar may cancel the registration of a person and the person’s business name if the registration is not renewed within the period stated in the written notice given under subsection (1). (4) A person and the person’s business name continue to be registered after the registration of the person and the person’s business name has expired unless the registration is cancelled.


document_id: bnra-2014
provision_ref: s15
chapter: PART 2 - REGISTRATION
section: 15
title: Use of business names
content:
15. —(1) Subject to subsection (2), a person who is required to be registered and is registered under this Act must not carry on business under a business name other than the person’s registered business name. (2) Subsection (1) does not prevent a person from carrying on business under a business name if the person is not required to be registered in respect of the business name under section 4. (3) The registration of a business name under section 8(1) does not authorise the use of the registered business name if the use of the registered business name is otherwise prohibited under any written law or other law.


document_id: bnra-2014
provision_ref: s16
chapter: PART 2 - REGISTRATION
section: 16
title: Reservation of business names
content:
16. —(1) A person may apply to reserve a name as the person’s proposed registered business name by lodging an application with the Registrar. (2) The Registrar may approve an application made under subsection (1) only if the Registrar is satisfied that — ( a ) the application is made in good faith; and ( b ) the business name to be reserved is one in respect of which the person may be registered having regard to section 17(1), (2) and (3). (3) The Registrar must refuse to approve an application to reserve a name under subsection (1) if the Registrar is satisfied that — ( a ) the name is for a business that is likely to be used for an unlawful purpose or for purposes prejudicial to public peace, welfare or good order in Singapore; ( b ) it would be contrary to the national security or interest for the business name to be registered; or ( c ) the application is by or on behalf of a foreign company that is not registered under Division 2 of Part 11 of the Companies Act 1967. (4) Where an application for a reservation of a name is made under subsection (1), the Registrar must reserve the proposed registered business name for a period starting at the time the Registrar receives the application and ending — ( a ) if the Registrar approves the application, 60 days after the date on which the Registrar notifies the applicant that the application has been approved, or such further period of 60 days as the Registrar may, on application made in good faith, extend; or ( b ) if the Registrar refuses to approve the application, on the date on which the Registrar notifies the applicant of the refusal. (5) A person aggrieved by a decision of the Registrar — ( a ) refusing to approve an application under subsection (1); or ( b ) refusing an application under subsection (4)( a ) to extend the reservation period, may, within 30 days after being informed of the Registrar’s decision, appeal to the Minister whose decision is final.


document_id: bnra-2014
provision_ref: s17
chapter: PART 2 - REGISTRATION
section: 17
title: Restrictions on registration of business names
content:
17. —(1) Except with the Minister’s consent or as provided in subsection (3), the Registrar must refuse to register a person under this Act to carry on business under a business name, or refuse to approve a change of registered business name under section 18 to a business name that, in the Registrar’s opinion — ( a ) is undesirable; ( b ) is identical to any other registered business name, or the name of any corporation or limited partnership; ( c ) is identical to a name that is reserved under section 16 of this Act, section 27(12B), section 27(12B) as applied by section 357(2), or section 378(15) of the Companies Act 1967, section 23(4) of the Limited Liability Partnerships Act 2005 or section 17(4) of the Limited Partnerships Act 2008; or ( d ) is a name of a kind that the Minister has directed the Registrar, by notification in the Gazette , not to accept for registration. [15/2017] (2) In addition to subsection (1), the Registrar must, except with the Minister’s consent, refuse to register a person ( A ) under a business name, or refuse to allow A to change A ’s registered business name to a business name, if — ( a ) it is identical to the business name of a person ( B ) whose registration and registration of that business name has been cancelled under this Act or has ceased under section 22, unless a period of at least one year has passed after the date of cancellation or cessation; ( b ) it is identical to the name of a company that was dissolved — (i) unless, in a case where the company was dissolved following its winding up under Part 8 of the Insolvency, Restructuring and Dissolution Act 2018, a period of at least 2 years has passed after the date of dissolution; or (ii) unless, in a case where the company was dissolved following its name being struck off the register kept under the Companies Act 1967 under section 344 or 344A of that Act, a period of at least 6 years has passed after the date of dissolution; ( c ) it is identical to the name of a foreign company notice of the dissolution of which has been given to the Registrar under section 377(2) of the Companies Act 1967, unless a period of at least 2 years has passed after the date of dissolution; ( d ) it is identical to the name of a limited liability partnership that was dissolved — (i) unless, in a case where the limited liability partnership was dissolved following its winding up under section 39 of, and the Fifth Schedule to, the Limited Liability Partnerships Act 2005, a period of at least 2 years has passed after the date of dissolution; or (ii) unless, in a case where the limited liability partnership was dissolved following its name being struck off the register under section 63 of the Limited Liability Partnerships Act 2005, a period of at least 6 years has passed after the date of dissolution; or ( e ) it is identical to the name of a limited partnership that was cancelled or dissolved — (i) unless, in a case where the registration of the limited partnership was cancelled under section 14(1) or 19(4) of the Limited Partnerships Act 2008, a period of at least one year has passed after the date of cancellation; or (ii) unless, in a case where notice was lodged with the Registrar of Limited Partnerships that the limited partnership was dissolved under section 19(2) of the Limited Partnerships Act 2008, a period of at least one year has passed after the date of dissolution. [40/2018] (3) Despite subsection (1), the Registrar may register a person under — ( a ) a business name that is identical to the name of a foreign company registered under Division 2 of Part 11 of the Companies Act 1967 — (i) in respect of which notice was lodged under section 377(1) of the Companies Act 1967 that the foreign company has ceased to have a place of business in Singapore or ceased to carry on business in Singapore, if a period of at least 3 months has passed after the date of cessation; and (ii) the name of which was struck off the register under the Companies Act 1967 under section 377(8), (9) or (10) of that Act, if a period of at least 6 years has passed after the date the name was so struck off; or ( b ) a business name that is identical to the name of a limited partnership in respect of which notice was lodged under section 19(1) of the Limited Partnerships Act 2008 that the limited partnership ceased to carry on business in Singapore, if a period of at least one year has passed after the date of cessation. (4) Despite this section and section 18, where the Registrar is satisfied that a person’s registered business name — ( a ) is one that is not permitted to be registered under subsection (1)( a ), ( b ) or ( d ); ( b ) is one that is not permitted to be registered under subsection (2) until the expiry of the relevant period referred to in that subsection; ( c ) is one that is permitted to be registered under subsection (3) only after the expiry of the relevant period referred to in that subsection; ( d ) so nearly resembles the name of any corporation or limited partnership, or any registered business name, as to be likely to be mistaken for it; or ( e ) is one the use of which has been restrained by an injunction granted under the Trade Marks Act 1998, the Registrar may direct the person to change the person’s registered business name, and the person must comply with the direction within 6 weeks after the date of the direction or such longer period as the Registrar may allow in any case. (5) The Registrar’s power under subsection (4) to direct a person to change the person’s registered business name applies regardless of — ( a ) whether the person’s business name was registered through inadvertence or otherwise; or ( b ) when the person was registered, or treated as being registered, in respect of the business name. (6) Any person may apply, in writing, to the Registrar to give a direction to any other person, on a ground referred to in subsection (4), to change that other person’s registered business name. (7) The Registrar is not to consider any application under subsection (6) to give a direction to a person on the ground referred to in subsection (4)( d ) unless the Registrar receives the application within 12 months after the date the person was registered in respect of the business name, or the date the change of registered business name was approved under section 18. (8) The Registrar may cancel the registration of a person and the person’s business name if the person fails to comply with a direction given under subsection (4). (9) A person aggrieved by — ( a ) a direction of the Registrar under subsection (4); or ( b ) the Registrar’s refusal to give a direction to a person under subsection (4) following an application under subsection (6), may, within 30 days after being informed of the Registrar’s direction or refusal (as the case may be), appeal to the Minister whose decision is final. (10) To avoid doubt, where the Registrar makes a direction under subsection (4) or the Minister makes a decision on an appeal under subsection (9), the Registrar or the Minister (as the case may be) must accept as correct any decision of the General Division of the High Court to grant an injunction referred to in subsection (4)( e ). [40/2019]


document_id: bnra-2014
provision_ref: s18
chapter: PART 2 - REGISTRATION
section: 18
title: Change of registered business name
content:
18. —(1) An application by a person to change the person’s registered business name is to be lodged with the Registrar. (2) Upon the approval of the application, the Registrar is to issue to the applicant a notice of change of registered business name stating the date of the change. (3) Any application for a change of a registered business name is subject to section 17.


document_id: bnra-2014
provision_ref: s19
chapter: PART 2 - REGISTRATION
section: 19
title: Change of residential address
content:
19. —(1) An individual who — ( a ) is a registered individual proprietor; ( b ) is a partner of a registered firm; or ( c ) is an authorised representative, must lodge with the Registrar a notice of the individual’s new residential address within 14 days after the date of change. (2) Where the individual referred to in subsection (1) has changed his or her residential address and has made a report of the change under section 10 of the National Registration Act 1965, the individual is to be taken to have informed the Registrar of the change of residential address in compliance with subsection (1).


document_id: bnra-2014
provision_ref: s20
chapter: PART 2 - REGISTRATION
section: 20
title: Registration of change in particulars
content:
20. —(1) Whenever a change is made or occurs in any of the particulars registered in respect of any person, that person must, within 14 days after the change, or such further period as the Registrar may on application allow, lodge with the Registrar a notice specifying the nature and date of the change, and containing such other information as may be prescribed. (2) For the purposes of subsection (1), a change of particulars does not include — ( a ) a change of the residential address of any — (i) registered individual proprietor; (ii) partner of a registered firm who is an individual; or (iii) authorised representative; or ( b ) a change of a registered business name. (3) Without limiting subsection (1), where a person ceases to be a partner of a registered firm, that person and the persons who continue to be registered as partners of the firm must, within 14 days after the cessation, lodge with the Registrar a notice of the cessation. (4) Where any person required to lodge the notice referred to in subsection (3) cannot be located or found, the Registrar may allow the other persons who are required to do so to lodge the notice. (5) The Registrar may require any notice required by this section to be verified in such manner and by such person as the Registrar considers fit.


document_id: bnra-2014
provision_ref: s21
chapter: PART 2 - REGISTRATION
section: 21
title: Deceased registrants
content:
21. —(1) Where a registered individual proprietor or a partner of a registered firm who is an individual dies, the Registrar may permit the personal representative of the deceased, or a person who in the Registrar’s opinion would be entitled to apply to court for an order for the administration by the court of the deceased’s estate — ( a ) to lodge any notice referred to in section 20(1) on behalf of the deceased person; ( b ) to lodge any notice to be lodged under section 20(3) on behalf of the deceased partner, together with the other persons registered as partners; or ( c ) to lodge the notice referred to in section 22(1). (2) For the purposes of subsection (1), a person who claims to be the personal representative of a deceased or to be entitled to apply to court for the order for the administration by the court of the deceased’s estate must provide such evidence as may be acceptable to the Registrar.


document_id: bnra-2014
provision_ref: s22
chapter: PART 2 - REGISTRATION
section: 22
title: Cessation of business
content:
22. —(1) Where a registered person stops carrying on business in Singapore under a registered business name, the registered person must, within 14 days after so stopping, lodge with the Registrar a notice that he or she has stopped carrying on business under that registered business name. (2) The Registrar may, if the Registrar thinks fit, allow a registered person to lodge with the Registrar a notice notifying the Registrar in advance that the registered person intends to stop carrying on business under a registered business name on the date specified in the notice. (3) Any registered person who fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. (4) On receipt of the notice under subsection (1) or on the date specified in the notice under subsection (2) (as the case may be), the registration of the person and the person’s business name to which the notice relates ceases.


document_id: bnra-2014
provision_ref: s23
chapter: PART 2 - REGISTRATION
section: 23
title: Cancellation of registration
content:
23. —(1) Where the Registrar has reasonable cause to believe that any registered person is not carrying on business in Singapore in respect of a registered business name, the Registrar may give that person a notice in writing stating — ( a ) that the Registrar proposes to cancel the registration of the person and the person’s business name; and ( b ) that any objection to the proposed cancellation must be in writing and delivered to the Registrar by a date specified in the notice, being a date at least 30 days after the date of the notice. (2) If the Registrar — ( a ) receives an answer from the person referred to in subsection (1) to the effect that the person is not carrying on business under the registered business name; or ( b ) does not, within 30 days after sending the notice referred to in subsection (1), receive a written objection to the proposed cancellation from the person referred to in that subsection, the Registrar may cancel the registration of the person and the business name in question. (3) Where the registration of a person and the business name in question is cancelled under this section, any certificate or notice pertaining to that registration is also to be taken to be cancelled.


document_id: bnra-2014
provision_ref: s24
chapter: PART 2 - REGISTRATION
section: 24
title: Restoration of registration
content:
24. —(1) A person whose registration and registered business name has been cancelled under section 12(2), 14 or 23, or whose registration and registered business name has ceased under section 22, may lodge an application with the Registrar to restore the registration. [Act 3 of 2024 wef 26/02/2024] (2) An application to restore a registration under subsection (1) must be made — ( a ) within 12 months after the date on which the registration was cancelled or had ceased; or ( b ) within such longer time as the Registrar may in special circumstances allow. (3) Subject to any restriction against registration under section 9, upon payment of the outstanding renewal fees and any prescribed late renewal penalty, the Registrar may grant the application for restoration subject to such conditions as the Registrar may impose. (4) If the Registrar grants the application under subsection (3), the registration of the person and the person’s business name is to be treated as if it had not been cancelled or had not ceased, as the case may be. (5) Subsection (4) does not prevent the person from being prosecuted and punished for an offence under section 35(1)( a ).


document_id: bnra-2014
provision_ref: s25
chapter: PART 2 - REGISTRATION
section: 25
title: Rectification by General Division of High Court
content:
25. —(1) Where it appears to the General Division of the High Court, as a result of evidence adduced before it by an applicant, that any particular recorded in the register is erroneous or defective, the General Division of the High Court may, by order, direct the Registrar to rectify the register on such terms and conditions as seem to the General Division of the High Court just and expedient. [40/2019] (2) The Registrar must upon receipt of the order of the General Division of the High Court under subsection (1) rectify the register accordingly. [40/2019] (3) An order of the General Division of the High Court made under subsection (1) may require that a fresh document, showing the rectification, is to be filed by the applicant with the Registrar together with a copy of the order of the General Division of the High Court, and a copy of the application for that order. [40/2019]


document_id: bnra-2014
provision_ref: s26
chapter: PART 2 - REGISTRATION
section: 26
title: Rectification by Registrar on application
content:
26. —(1) Despite section 25, a registered person or the registered person’s authorised representative may lodge a notice with the Registrar of — ( a ) any error contained in any document relating to the person’s particulars filed or lodged with the Registrar; or ( b ) any error in the filing or lodgment of any document relating to the person with the Registrar. (2) The Registrar may, upon receipt of any notification referred to in subsection (1) and if satisfied that — ( a ) the error referred to in subsection (1)( a ) is typographical or clerical in nature; or ( b ) the error referred to in subsection (1)( b ) is, in the Registrar’s opinion, unintended and does not prejudice any person, rectify the register accordingly. (3) In rectifying the register under subsection (2), the Registrar must not expunge any document from the register. (4) The decision made by the Registrar on whether to rectify the register under subsection (2) is final.


document_id: bnra-2014
provision_ref: s27
chapter: PART 2 - REGISTRATION
section: 27
title: Rectification or updating on Registrar’s initiative
content:
27. —(1) The Registrar may rectify or update any particulars or document in the register, if the Registrar is satisfied that — ( a ) there is a defect or an error in the particulars or document arising from any grammatical, typographical, or similar mistake; or ( b ) there is evidence of a conflict between the particulars of a person and — (i) other information in the register relating to that person; or (ii) other information relating to that person obtained from such department or Ministry of the Government, or statutory body or other body corporate as may be prescribed. (2) Before the Registrar rectifies or updates the register under subsection (1), the Registrar must, except under prescribed circumstances, give written notice to the person whose document or particulars are to be rectified or updated of the Registrar’s intention to do so, and state in the notice — ( a ) the reasons for and details of the proposed rectification or updating to be made to the register; and ( b ) the date by which any written objection to the proposed rectification or updating must be delivered to the Registrar, being a date at least 30 days after the date of the notice. (3) The person notified under subsection (2) may deliver to the Registrar, not later than the date specified under subsection (2)( b ), a written objection to the proposed rectification or updating of the register. (4) The Registrar must not rectify or update the register if the Registrar receives a written objection under subsection (3) to the proposed rectification or updating by the date specified under subsection (2)( b ), unless the Registrar is satisfied that the objection is frivolous or vexatious or has been withdrawn. (5) The Registrar may rectify or update the register if the Registrar does not receive a written objection under subsection (3) by the date specified under subsection (2)( b ). (6) The Registrar may include such notation as the Registrar thinks fit in the register for the purposes of providing information relating to any error or defect in any particulars or document in the register, and may remove the notation if the Registrar is satisfied that it no longer serves any useful purpose. (7) Despite anything in this section, the Registrar may, if the Registrar is satisfied that there is any error or defect in any particulars or document in the register, by notice in writing, request that the registered person to whom the particulars or document relates, or the registered person’s authorised representative, take such steps within such time as the Registrar may specify to ensure that the error or defect is rectified.


document_id: bnra-2014
provision_ref: s28
chapter: PART 2 - REGISTRATION
section: 28
title: Request for copy of notice of registration, etc.
content:
28. —(1) A person may, upon payment of such fees as may be prescribed, require a copy of a notice of registration, or a copy of or an extract from any document filed or lodged with the Registrar, to be given or certified by the Registrar. [Act 21 of 2024 wef 09/12/2024] (2) Any copy or extract given under subsection (1) that is certified to be a true copy or an extract by the Registrar is, in any proceedings, admissible in evidence as of equal validity with the original document. (3) The Registrar is not required to issue, under subsection (1), a copy of or an extract from a document forming part of the register where that document has been destroyed under section 38. (4) Subsection (1) does not apply to any document prescribed as an excluded document for the purposes of this subsection. [Act 21 of 2024 wef 09/12/2024] (5) Where a document is submitted on or after the date of commencement of section 24 of the ACRA (Registry and Regulatory Enhancements) Act 2024 using a form on the electronic transaction system, the reference to a document in subsection (1) excludes the following entries in the form: ( a ) a means of notification provided by a person for the purposes of section 28A(1)( b ) of the Accounting and Corporate Regulatory Authority Act 2004; ( b ) an individual’s date of birth obtained under this Act or section 28(1A) of the Accounting and Corporate Regulatory Authority Act 2004; ( c ) any other prescribed information. [Act 21 of 2024 wef 09/12/2024] (6) Where — ( a ) a document is filed or lodged with the Registrar under this Act by submitting a form on the electronic transaction system on or after the date of commencement of section 24 of the ACRA (Registry and Regulatory Enhancements) Act 2024; and ( b ) an individual’s residential address is entered in that form, the Registrar must cause the individual’s residential address to be excluded from every copy or extract of that document given or certified by the Registrar under subsection (1). [Act 21 of 2024 wef 09/12/2024]


document_id: bnra-2014
provision_ref: s29
chapter: PART 2 - REGISTRATION
section: 29
title: Electronic transaction system
content:
29. —(1) The Registrar may — ( a ) require or permit any person to carry out any transaction with the Registrar under this Act; and ( b ) issue any approval, certificate, notice, determination or other document pursuant or connected to a transaction referred to in paragraph ( a ), using the electronic transaction system established under Part 6A of the Accounting and Corporate Regulatory Authority Act 2004. (2) If the Registrar is satisfied that a transaction should be treated as having been carried out at some earlier date and time than the date and time that is reflected in the electronic transaction system, the Registrar may cause the electronic transaction system and the register to reflect such earlier date and time. (3) The Registrar must keep a record whenever the electronic transaction system or the register is altered under subsection (2). (4) In this section, “transaction”, in relation to the Registrar, means — ( a ) any filing, lodging, submission, production, delivery, provision or sending of any document with or to the Registrar; ( b ) any making of any application, submission or request to the Registrar; ( c ) any provision of any undertaking or declaration to the Registrar; and ( d ) any extraction, retrieval or accessing of any document, record or information maintained by the Registrar.


document_id: bnra-2014
provision_ref: s30
chapter: PART 2 - REGISTRATION
section: 30
title: Transitional provision for contact address
content:
30. —(1) Where an individual maintained an alternate address with the Registrar under this Act immediately before the commencement date, that address is taken to be the individual’s contact address for the purposes of this Act until notice of a change in the individual’s contact address is lodged under any ACRA administered Act on or after that date. (2) Where an individual did not maintain an alternate address with the Registrar under this Act immediately before the commencement date, the individual’s residential address is taken to be the individual’s contact address for the purposes of this Act until notice of a change in the individual’s contact address is lodged under any ACRA administered Act on or after that date. (3) An individual’s contact address mentioned in subsection (1) or (2) is deemed, for the purposes of section 20(1), to be a particular registered in respect of the person concerned. (4) In this section, “commencement date” means the date of commencement of section 25 of the ACRA (Registry and Regulatory Enhancements) Act 2024. [Act 21 of 2024 wef 09/12/2024]


document_id: bnra-2014
provision_ref: s31
chapter: PART 2 - REGISTRATION
section: 31
title: Disability of persons in default
content:
31. —(1) Subsection (2) applies where a person (the defaulter) who is required to be registered — ( a ) carries on business under a business name without being registered under this Act in respect of that business name; ( b ) carries on business under a business name — (i) after the person’s registration in respect of the business name has been cancelled and has not been restored under section 24; or (ii) after the person’s registration in respect of the business name has ceased and has not been restored under section 24; or ( c ) fails to lodge any notice required under section 19(1) or 20(1) or (3). (2) Subject to subsections (3) and (4), the defaulter may not enforce by action or other legal proceeding (whether in the business name or otherwise) any right under or arising out of any contract in relation to the business carried on by the defaulter under the business name if the contract was made or entered into by or on behalf of the defaulter at a time when — ( a ) the defaulter was not registered as carrying on business under the business name; ( b ) the defaulter’s registration under the business name had been cancelled or had ceased, and has not been restored under section 24; or ( c ) the defaulter was, in respect of the defaulter’s registration under the business name, in breach of section 19(1) or 20(1) or (3). (3) A defaulter under subsection (2)( b ) is not prevented from enforcing any right referred to in subsection (2) if the defaulter’s registration under the business name is restored under section 24. (4) The defaulter may apply to the court for relief against the disability imposed by this section. (5) The court, on being satisfied — ( a ) that the default was accidental or due to inadvertence or some other sufficient reason; or ( b ) that on other grounds it is just and equitable to grant relief, may grant such relief either generally, or as respects any particular contract, on such conditions (if any) as the court may impose. (6) This section does not affect the rights of any other party as against the defaulter in respect of a contract mentioned in subsection (2). (7) If any action or proceedings is commenced by any party against the defaulter to enforce the rights of the party in respect of a contract referred to in subsection (2), this section does not prevent the defaulter from enforcing in that action or proceedings (by way of counterclaim, set‑off or otherwise) such rights as the defaulter may have against that party in respect of that contract. (8) In this section, “court” means any court before which proceedings to enforce a contract referred to in subsection (2) are commenced or before which an issue relating to subsection (2) arises.


document_id: bnra-2014
provision_ref: s32
chapter: PART 3 - MISCELLANEOUS
section: 32
title: Inspection
content:
32. —(1) The Registrar may authorise in writing any employee of the Authority or public officer to be an inspector for the purposes of this Act. (2) For the purposes of ascertaining whether the provisions of this Act are being complied with, the Registrar or any inspector may at all reasonable times enter any premises at which the Registrar or inspector has reason to believe any person is carrying on business, and may make such examination and inquiry as may be necessary for those purposes. (3) The Registrar and every inspector when exercising any power under this Act are required to declare their office and produce their written authority to any person affected by the exercise of that power. (4) Any person who fails to comply with a request made by or resists or obstructs the Registrar or an inspector in the performance of his or her duties under this Act 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. (5) It is not an offence for any person to refuse to comply with any request made by the Registrar or an inspector, or to resist or obstruct the Registrar or an inspector in the performance of any of his or her duties under this Act, if the Registrar or inspector (as the case may be) fails to comply with subsection (3).


document_id: bnra-2014
provision_ref: s33
chapter: PART 3 - MISCELLANEOUS
section: 33
title: Power of Registrar to obtain further information
content:
33. —(1) In order to obtain such information as the Registrar may consider necessary for the purposes of carrying out the provisions of this Act, the Registrar may — ( a ) require any person carrying on business ( A ), any employee of A , any person apparently employed at A ’s place of business, or any person apparently managing A ’s business, to answer any question in writing that the Registrar considers necessary; or ( b ) summon any person referred to in paragraph ( a ) to appear before the Registrar or an inspector or any other public officer whom the Registrar may designate to answer any question orally. (2) The Registrar may further require a person referred to in subsection (1) to make such further declaration or supply such further particulars as the Registrar may require.


document_id: bnra-2014
provision_ref: s34
chapter: PART 3 - MISCELLANEOUS
section: 34
title: Restriction on undischarged bankrupt carrying on business
content:
34. —(1) Any undischarged bankrupt (whether adjudicated bankrupt by a Singapore court or a foreign court having jurisdiction in bankruptcy) — ( a ) who is required to be registered and who carries on any business in Singapore; or ( b ) who, directly or indirectly, takes part in or is concerned in the management of any business carried on by any person required to be registered, without the permission of the General Division of the High Court or the written permission of the Official Assignee, 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. [40/2019] [Act 25 of 2021 wef 01/04/2022] (2) On an application by an undischarged bankrupt under subsection (1) to the General Division of the High Court or the Official Assignee (as the case may be), the General Division of the High Court or the Official Assignee may refuse the application or approve the application subject to such conditions as the General Division of the High Court or the Official Assignee (as the case may be) may impose. [40/2019] (3) The permission of the General Division of the High Court for the purpose of this section is not to be given unless notice of intention to apply for permission has been served on the Official Assignee and the Official Assignee is heard on the application. [40/2019] [Act 25 of 2021 wef 01/04/2022]


document_id: bnra-2014
provision_ref: s35
chapter: PART 3 - MISCELLANEOUS
section: 35
title: Offences and penalties
content:
35. —(1) Subject to subsection (2), any person who — ( a ) being a person required to be registered — (i) carries on business in Singapore without being registered; (ii) carries on business in Singapore under a business name that is different from the person’s registered business name; or (iii) carries on business under a business name — (A) after the person’s registration in respect of the business name has been cancelled; or (B) after the person’s registration in respect of the business name has ceased; ( b ) without lawful excuse, fails to comply with any summons or requisition of the Registrar under section 33; or ( c ) makes any statement or provides any information to the Registrar under the provisions of this Act that is false in any material particular or by reason of the omission of any material particular, and that the person either knows or has reason to believe is false, 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. (2) It is not an offence for a person to carry on business under a business name if the person is not required to be registered in respect of the business name under section 4. (3) Any person who fails to comply with section 19(1) or 20(1) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: bnra-2014
provision_ref: s36
chapter: PART 3 - MISCELLANEOUS
section: 36
title: Evidence of carrying on business under business name
content:
36. If, in any proceedings for an offence under this Act — ( a ) proof is given that a business name has been displayed in any premises; and ( b ) evidence is given from which the court may infer that the business name has reference to any business carried on at the premises, the person carrying on the business is, in the absence of proof to the contrary, presumed to be carrying on the business under that business name.


document_id: bnra-2014
provision_ref: s37
chapter: PART 3 - MISCELLANEOUS
section: 37
title: Composition of offences
content:
37. —(1) The Registrar may compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $5,000. (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence.


document_id: bnra-2014
provision_ref: s38
chapter: PART 3 - MISCELLANEOUS
section: 38
title: Destruction or transfer of old records
content:
38. If the Registrar is of the opinion that it is no longer necessary or desirable to retain any document filed or lodged with, submitted to or issued by the Registrar and which has been microfilmed or converted to electronic form, the Registrar may — ( a ) destroy the document with the authorisation of the National Library Board under section 17 of the National Library Board Act 1995; or ( b ) transfer the document to the National Archives of Singapore under section 16 of that Act.


document_id: bnra-2014
provision_ref: s39
chapter: PART 3 - MISCELLANEOUS
section: 39
title: Enforcement of duty to make returns
content:
39. —(1) If a person — ( a ) having failed to comply with — (i) any provision of this Act; or (ii) any provision of any other written law which requires any return, account, notice or other document to be filed or lodged with, or submitted to, the Registrar, fails to make good the non‑compliance within 14 days after service of the Registrar’s notice to comply with the provision; ( b ) fails to comply with the Registrar’s request to amend or complete, and resubmit any document or to submit a fresh document within 14 days after service of the Registrar’s request; or ( c ) fails to comply with the Registrar’s request under section 27(7) to take such steps within such time as the Registrar may specify to ensure that any error or defect in any particulars or document in the register is rectified, a District Court or Magistrate’s Court may, on the Registrar’s application, make an order directing the relevant person to make good the failure within such time as is specified in the order. (2) Any such order may provide that all the costs of and incidental to the application are to be borne by a relevant person. (3) Nothing in this section limits the operation of any other provision of this Act or any written law imposing penalties on a relevant person in respect of any such default referred to in this section. (4) In this section, “relevant person” means — ( a ) in the case of an individual proprietor, that individual; ( b ) in the case of a firm, all or any of its partners; ( c ) in the case of a corporation, the corporation, any of its officers as defined in section 40(5) or both; and ( d ) in the case of a person who carries on a business wholly or mainly as nominee of or trustee for another person, the firstmentioned person.


document_id: bnra-2014
provision_ref: s40
chapter: PART 3 - MISCELLANEOUS
section: 40
title: Offences by bodies corporate, etc.
content:
40. —(1) Where an offence under this Act committed by a body corporate is proved — ( a ) to have been committed with the consent or connivance of an officer; or ( b ) to be attributable to any neglect on the officer’s part, the officer as well as the body corporate shall be guilty of the 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 an officer of the body corporate. (3) Where an offence under this Act committed by a firm is proved — ( a ) to have been committed with the consent or connivance of a partner; or ( b ) to be attributable to any neglect on the partner’s part, the partner as well as the firm shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (4) Where an offence under this Act committed by an unincorporated association (other than a firm) is proved — ( a ) to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or ( b ) to be attributable to any neglect on the part of such an officer or member, the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (5) In this section — “body corporate” includes a limited liability partnership; “officer” — ( a ) in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager or secretary 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 firm), 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 a committee and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner. (6) Regulations may modify the application of any provision of this section to apply to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.


document_id: bnra-2014
provision_ref: s41
chapter: PART 3 - MISCELLANEOUS
section: 41
title: Authority and its employees not liable
content:
41. The Authority, the Registrar or any other officer or employee of the Authority is not liable for any error or inaccuracy in the register or for any error or inaccuracy (whether in the copying or otherwise) in any certificate, certified extract, copy or other document made or issued under this Act if the error or inaccuracy was not due to the lack of reasonable care and good faith on the part of the Registrar or any other officer or employee of the Authority.


document_id: bnra-2014
provision_ref: s42
chapter: PART 3 - MISCELLANEOUS
section: 42
title: Service of documents, etc.
content:
42. —(1) Subject to subsection (3), any document, other than a document to be served in proceedings in court or a summons issued by a court in connection with any offence under this Act, that is required or authorised to be served under this Act or any regulations made under this Act may be served — ( a ) in the case of an individual — (i) by delivering it to the individual personally; (ii) by leaving it with an adult person apparently resident at, or by sending it by ordinary post or prepaid registered post to, the usual or last known address of the place of residence of the individual; (ii a ) by leaving it with an adult person apparently resident or employed at, or by sending it by ordinary post or prepaid registered post to, the individual’s contact address; [Act 21 of 2024 wef 09/12/2024] (iii) by leaving it with an adult person apparently employed at, or by sending it by ordinary post or prepaid registered post to, the usual or last known address of the place of business of the individual; (iv) by affixing a copy of the document in a conspicuous place at the contact address or usual or last known address of residence or business of the individual; (v) by sending it by fax to the fax number given to the Registrar by the individual as the fax number for the service of documents on the individual; or (vi) by sending it by email to the last email address given to the Registrar by the individual as the email address for the service of documents on the individual; ( b ) in the case of a firm — (i) by delivering it to any one of the partners or the secretary or other like officer of the firm; (ii) by leaving it at, or by sending it by ordinary post or prepaid registered post to, the principal or last known place of business of the firm in Singapore; (iii) by sending it by fax to the fax number given to the Registrar by the firm as the fax number for the service of documents on the firm; or (iv) by sending it by email to the last email address given to the Registrar by the firm as the email address for the service of documents on the firm; and ( c ) in the case of a corporation or an unincorporated association — (i) by delivering it to the secretary or other like officer of the corporation or unincorporated association or, in the case of a corporation that is a limited liability partnership, the manager of the limited liability partnership; (ii) by leaving it at, or by sending it by ordinary post or prepaid registered post to, the registered office or principal office of the corporation or unincorporated association in Singapore; (iii) by sending it by fax to the fax number given to the Registrar as the fax number for the service of documents on the corporation or unincorporated association; or (iv) by sending it by email to the last email address given to the Registrar by the corporation or unincorporated association as the email address for the service of documents on the corporation or unincorporated association. (2) Where any document to be served by, or on behalf of, the Registrar or the Minister is — ( a ) served personally in accordance with subsection (1), the document is deemed to have been served on the date that it is delivered; ( b ) sent by ordinary post in accordance with subsection (1), the document is deemed to have been served on the person to whom it is addressed on the day after it would in the ordinary course of post be delivered, unless it is returned undelivered; ( c ) sent by prepaid registered post in accordance with subsection (1), the document is deemed to have been served on the person to whom it is addressed 2 days after the day it was posted, whether or not it is returned undelivered; ( d ) sent by fax to the fax number in accordance with subsection (1), the document is deemed to have been served on the person to whom it is addressed on the day of the transmission, subject to the receipt on the sending fax machine of a notification (by electronic or other means) of a successful transmission to the fax machine for that fax number; or ( e ) sent by email to an email address in accordance with subsection (1), the document is deemed to have been served on the person to whom it is addressed at the time the email becomes capable of being retrieved by the person. (3) A document may be served on a person under this Act by email only with that person’s prior written consent. (4) Every summons issued by a court in connection with any offence under this Act may be served on the person concerned — ( a ) by delivering it to the person; ( b ) by delivering it to any adult person residing at the person’s last known place of residence; or ( c ) by sending it by prepaid registered post in a cover addressed to the person at the person’s last known place of residence or business or at any address provided by the person (including the person’s contact address). [Act 21 of 2024 wef 09/12/2024] (5) In proving service by prepaid registered post of a summons referred to in subsection (4), it is sufficient to prove that the cover containing the summons was properly addressed, stamped and posted by prepaid registered post.


document_id: bnra-2014
provision_ref: s43
chapter: PART 3 - MISCELLANEOUS
section: 43
title: Regulations
content:
43. —(1) The Minister may make regulations for carrying out the purposes and provisions of this Act. (2) Without limiting subsection (1), regulations may be made under that subsection for or with respect to all or any of the following matters: ( a ) the powers and duties of the Registrar; ( b ) the forms for the purposes of this Act, including the form of the register to be kept and the places at which the register is to be kept; ( c ) all matters connected with or arising from the restrictions as to the business name which may be used by a registered person (including rules for determining when a business name falls within those restrictions); ( d ) requiring the display of any particulars relating to a person’s registration on the person’s correspondence, invoices, publications and other documents (in any medium) made or used for the purposes of the person’s business; ( e ) the persons or classes of persons exempted from the requirement to register under this Act; ( f ) the fees to be charged in respect of anything filed or lodged with the Registrar, or done under or by virtue of this Act, and the method of payment of such fees; ( g ) the penalties to be charged for the late lodgment of any document under this Act; ( h ) the waiver, refund or remission, whether wholly or in part, of any fee or penalty chargeable under this Act; ( i ) the persons or classes of persons who are to be exempted from the payment of any fee or part thereof; ( j ) the offences which may be compounded under section 37; ( k ) all matters and things which are required or permitted to be prescribed under or for the purposes of this Act. (3) Regulations made under subsection (1) may provide that a contravention of any of the provisions of the regulations shall be an offence punishable with a fine not exceeding $5,000 or with imprisonment for a term not exceeding 12 months or with both.


document_id: bnra-2014
provision_ref: s44
chapter: PART 3 - MISCELLANEOUS
section: 44
title: Saving for other written law
content:
44. Unless expressly provided, nothing in this Act is to be construed so as to limit or in any way affect any other written law.


document_id: bnra-2014
provision_ref: s45
chapter: PART 3 - MISCELLANEOUS
section: 45
title: Saving and transitional provisions
content:
45. —(1) Any person who, immediately before 3 January 2016, was the Registrar, a Deputy Registrar or an Assistant Registrar of Businesses appointed under section 3(2) of the repealed Act is to be treated as the Registrar, a Deputy Registrar or an Assistant Registrar of Business Names, respectively, appointed under section 3(2) of this Act until his or her appointment is revoked, the term of his or her appointment expires, or he or she dies, retires or otherwise vacates his or her office before the expiry of his or her term of appointment. (2) Any person who, immediately before 3 January 2016, is registered or deemed to be registered under the repealed Act is to be treated as registered under section 8 of this Act in respect of the business name for which he or she is registered or deemed to be registered under section 8 of the repealed Act and the registration of that person and the person’s business name expires on the date that the registration would have expired if this Act had not been enacted. (3) The Registrar is to transfer to the register kept under this Act the names, addresses and other particulars of such persons which appear, immediately before 3 January 2016, in the register kept under the repealed Act. (4) Any person ( A ) who, under regulations made under the repealed Act before 3 January 2016, was registered as a local manager appointed by a person carrying on business ( B ) is to be treated as having been appointed the authorised representative of B on 3 January 2016 unless either A or B , within 30 days after 3 January 2016, lodges a notice with the Registrar that — ( a ) A has not been appointed as the authorised representative of B ; or ( b ) A does not meet the criteria set out in section 11(2). (5) Where an individual proprietor, a firm or a foreign company is treated as registered under subsection (2) and the individual proprietor, all the partners of the firm or all the officers of the foreign company resides or reside outside Singapore within the meaning of section 11(14) on 3 January 2016, the individual proprietor, firm or foreign company (as the case may be) must, unless subsection (4) applies, appoint at least one authorised representative in accordance with the provisions of section 11 within 30 days after 3 January 2016, failing which — ( a ) the Registrar may cancel the registration of the individual proprietor, the firm or the foreign company; and ( b ) the individual proprietor, the partners of the firm or the foreign company (as the case may be) shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $1,000. (6) Any person who was a prescribed person for the purposes of section 20(2) of the repealed Act before 3 January 2016 may, on and after that date but before such date as the Minister may, by notification in the Gazette , prescribe, continue to carry out any transaction with the Registrar using the electronic transaction system which was permitted or required to be done by the prescribed person in relation to the service referred to in section 20(1) of the repealed Act immediately before 3 January 2016. (7) The service referred to in section 20(1) of the repealed Act immediately before 3 January 2016 is, on and after that date, to be treated as the electronic transaction system referred to in section 29 of this Act. (8) Any application for registration under the provisions of the repealed Act before 3 January 2016 which was pending immediately before that date is, where applicable, to be treated as an application for registration under the corresponding provisions of this Act. (9) Any reservation of name under section 13(3) of the repealed Act which has not expired before 3 January 2016 is to be treated as a reservation of name under the corresponding provisions of this Act but the reservation expires on the date on which the reservation would have expired if the repealed Act were still in force. (10) Where an appeal has been made to the Minister under the repealed Act and the appeal has not been dealt with or disposed of immediately before 3 January 2016, the appeal may be dealt with in accordance with that repealed Act as if this Act had not been enacted. (11) This Act does not affect — ( a ) any investigation commenced or pending under the repealed Act before 3 January 2016, and every such investigation may be continued and everything in relation to such investigation may be done in all respects after that day as if this Act had not been enacted; ( b ) the continued operation or force of any order or decision of the Registrar of Businesses made under the repealed Act before 3 January 2016; and ( c ) any right of appeal accrued before 3 January 2016 in respect of any order or decision referred to in paragraph ( b ). (12) Any subsidiary legislation made under the repealed Act and in force immediately before 3 January 2016 is, so far as it is not inconsistent with the provisions of this Act, to continue in force as if made under this Act until it is revoked or repealed. (13) Any written law or document referring to the repealed Act or any provision thereof is, as far as may be necessary for preserving its effect, to be construed as referring or as including a reference to this Act or the corresponding provision in this Act, as the case may be. (14) In this section, “repealed Act” means the Business Registration Act (Cap. 32, 2004 Revised Edition) repealed by this Act.


document_id: bsa-1886
provision_ref: s2
section: 2
title: Application of this Act
content:
2. —(1) This Act shall apply to every bill of sale, whether the same is absolute or subject or not subject to any trust whereby the holder or grantee has power, either with or without notice and either immediately or at any future time, to seize or take possession of any personal chattels comprised in or made subject to such bill of sale, but shall not, except as in this Act expressly mentioned, apply to any mortgages or debentures issued by any incorporated company and secured upon the stock or goods, chattels, and effects of such company. (2) This Act shall not apply to a bill of sale executed at any time on or after 1 May 2009 to the extent that any interest therein is capable of being registered under the International Interests in Aircraft Equipment Act 2009. (3) In subsection (2), “registered” has the same meaning as in section 2(1) of the International Interests in Aircraft Equipment Act 2009.


document_id: bsa-1886
provision_ref: s3
section: 3
title: Interpretation
content:
3. —(1) In this Act, unless there is something repugnant in the subject or context — “bill of sale” includes bills of sale, assignments, transfers, declarations of trust without transfer, inventories of goods with receipt thereto attached, or receipts for purchase moneys of goods, and other assurances of personal chattels, and also powers of attorney, authorities, or licences to take possession of personal chattels as security for any debt, and also any agreement, whether intended or not to be followed by the execution of any other instrument, by which a right in equity to any personal chattels, or to any charge or security thereon, shall be conferred, but does not include the following documents: ( a ) assignments for the benefit of the creditors of the person making or giving the same; ( b ) antenuptial marriage settlements; ( c ) transfers or assignments of any ship or vessel or any share thereof; ( d ) transfers of goods in the ordinary course of business of any trade or calling; ( e ) bills of sale of goods in foreign parts or at sea; ( f ) bills of lading, warehouse-keeper’s certificates, warrants or orders for the delivery of goods, or any other documents used in the ordinary course of business as proof of the possession or control of goods, or authorising or purporting to authorise, either by endorsement or by delivery, the possessor of such documents to transfer or receive goods thereby represented; “bill of sale” also includes as regards any personal chattels which may be seized or taken thereunder every attornment, instrument or agreement whereby a power of distress is given or agreed to be given by any person to any other person by way of security for any debt or advance, and whereby any rent is reserved or made payable as a mode of providing for the payment of interest on such debt or advance or otherwise for the purpose of such security only, but does not include or extend to any mortgage of any estate or interest in any land, tenement or hereditament which the mortgagee being in possession demises to the mortgagor as his tenant at a fair and reasonable rent; “bill of sale” also includes agreements for the hire of personal chattels entered into for the purpose of securing the repayment to the lessor of such chattels of money advanced by him to the hirer; and the hirer shall in every such case be deemed to be the grantor of the bill of sale and the lessor shall be deemed to be the grantee thereof; “factory or workshop” means any premises on which any manual labour is exercised by way of trade, or for purposes of gain in or incidental to the following purposes or any of them: ( a ) the making of any article or part of an article; ( b ) the altering, repairing, ornamenting or finishing of any article; ( c ) the adapting for sale of any article; “personal chattels” means goods, furniture and other articles capable of complete transfer by delivery, and trade machinery as hereinafter defined, and, when separately assigned or charged, fixtures and growing crops; but does not include chattel interests in real estate nor fixtures, except trade machinery as hereinafter defined, when assigned together with a freehold or leasehold interest in any land or building to which they are affixed, nor growing crops when assigned together with any interest in the land on which they grow, nor shares or interests in the stocks, funds or securities of any government or in the capital or property of incorporated or joint-stock companies nor choses in action; “trade machinery” means the machinery used in or attached to any factory or workshop, exclusive of — ( a ) the fixed motive powers, such as the water‑wheels and steam‑engines, and the steam‑boilers, donkey‑engines, and other fixed appurtenances of the said motive powers; ( b ) the fixed power machinery such as the shafts, wheels, drums and their fixed appurtenances, which transmit the action of the motive powers to the other machinery, fixed and loose; and ( c ) the pipes for steam, gas and water in the factory or workshop. (2) No fixtures or growing crops shall be deemed to be separately assigned or charged by reason only that they are assigned by separate words, or that power is given to sever them from the land or building to which they are affixed, or from the land on which they grow, without otherwise taking possession of or dealing with such land or building, or land, if by the same instrument any freehold or leasehold interest in the land or building to which such fixtures are affixed, or in the land on which such crops grow, is also conveyed to the same person or persons.


document_id: bsa-1886
provision_ref: s4
section: 4
title: Bill of sale to be void under certain circumstances unless attested and registered
content:
4. —(1) Every bill of sale shall be duly attested and shall be registered under this Act within 3 clear days after the execution thereof, and shall truly set out the consideration for which it was given, otherwise the following consequences shall ensue: ( a ) in the case of a bill of sale made or given by way of security for the payment of money by the grantor thereof, such bill of sale shall be void in respect of the personal chattels comprised therein; ( b ) in the case of any other bill of sale it shall, as against all trustees or assignees of the estate of the person whose chattels or any of them are comprised in such bill of sale under the law of bankruptcy or liquidation or under any assignment for the benefit of the creditors of such person, and also as against all sheriff’s officers and other persons seizing any chattels comprised in that bill of sale in the execution of any process of any court authorising the seizure of the chattels of the person by whom or of whose chattels that bill has been made, and also as against every person on whose behalf such process shall have been issued, be deemed fraudulent and void so far as regards the property in or right to the possession of any chattels comprised in that bill of sale which at or after the time of filing the application for bankruptcy or liquidation or of the execution of such assignment or of executing such process, as the case may be, and after the expiration of such 3 days are in the possession or apparent possession of the person making that bill of sale or of any person against whom the process has issued under or in the execution of which that bill has been made or given, as the case may be. (2) Personal chattels shall be deemed to be in the apparent possession of the person making or giving a bill of sale so long as they remain or are in or upon any house, warehouse, shop, building, vessel, works, yard, land or other premises occupied by him, or are used and enjoyed by him in any place whatsoever, notwithstanding that formal possession thereof may have been taken or given by or to any other person. (3) Personal chattels comprised in a valid bill of sale which is duly attested and registered under this Act shall not, so long as such bill of sale continues to be duly registered under this Act, be deemed to be in the possession, order or disposition of the grantor of the bill of sale within the meaning of the law of bankruptcy. (4) Subsection (3) shall not apply to personal chattels in the possession, order or disposition of the grantor in his trade or business.


document_id: bsa-1886
provision_ref: s5
section: 5
title: Bill of sale to be accompanied by schedule of property
content:
5. —(1) Every bill of sale shall have annexed thereto or written thereon a schedule containing an inventory of the personal chattels comprised in the bill of sale, and such bill of sale, except as hereinafter mentioned, shall have effect only in respect of the personal chattels specifically described in that schedule and shall be void in respect of any personal chattels not so specifically described. (2) Subject to this Act every bill of sale shall be void in respect of any personal chattels specifically described in the schedule thereto of which the grantor was not the true owner at the time of the execution of the bill of sale. (3) Nothing in this section shall render a bill of sale void in respect of any of the following things: ( a ) any growing crops separately assigned or charged where such crops were actually growing at the time when the bill of sale was executed; ( b ) any fixtures separately assigned or charged and any plant or trade machinery where such fixtures, plant or trade machinery are used in, attached to, or brought upon any land, plantation, factory, workshop, warehouse or other place in substitution for any of the like fixtures, plant or trade machinery specifically described in the schedule to such bill of sale.


document_id: bsa-1886
provision_ref: s6
section: 6
title: Bill of sale given by way of security void in certain cases
content:
6. Subject and without prejudice to the other provisions of this Act for invalidating bills of sale, every bill of sale made or given by way of security for the payment of money by the grantor thereof shall be void in the following cases: ( a ) if the amount the payment of which is thereby secured is less than $100; ( b ) if it is not made in the form set out in the First Schedule; ( c ) if it is made or given wholly or in part in consideration of a pre-existing debt.


document_id: bsa-1886
provision_ref: s7
section: 7
title: Bill of sale not to protect chattels against rent or property tax
content:
7. A bill of sale made or given by way of security for the payment of money by the grantor thereof shall be no protection against a distress for the recovery of rent or property tax.


document_id: bsa-1886
provision_ref: s8
section: 8
title: Possession to be taken under bill of sale under certain circumstances only
content:
8. —(1) Personal chattels included in a bill of sale made or given by way of security for the payment of money by the grantor thereof shall not be liable to be seized or taken possession of by the grantee for any other than the following causes: ( a ) if the grantor makes default in payment of the sum or sums of money thereby secured at the time therein provided for payment or in the performance of any covenant or agreement contained in the bill of sale and necessary for maintaining the security; ( b ) if the grantor becomes a bankrupt or suffers the chattels or any of them to be distrained for rent, property tax or otherwise; ( c ) if the grantor fraudulently either removes or suffers to be removed from the premises the chattels or any of them; ( d ) if the grantor does not without reasonable excuse upon demand in writing by the grantee produce to him his last receipts for rent and property tax; ( e ) if an enforcement order has been executed against the goods of the grantor under process of any court. [Act 25 of 2021 wef 01/04/2022] (2) All personal chattels seized or taken possession of under or by virtue of any bill of sale shall remain on the premises where they were so seized or taken possession of, and shall not be removed or sold until after the expiration of 5 clear days from the day on which they were so seized or taken possession of. (3) The grantor may within 5 days from the seizure or taking possession of any chattels on account of any of the abovementioned causes, apply to the General Division of the High Court, and the General Division of the High Court, if satisfied that by payment of money or otherwise the said cause of seizure no longer exists, may restrain the grantee from removing or selling the chattels and may make such other order as seems just. [40/2019]


document_id: bsa-1886
provision_ref: s9
section: 9
title: Sales by public auction
content:
9. —(1) No sale by the grantee of any chattels so seized or taken possession of as aforesaid shall be made otherwise than by public auction, conducted by some person duly licensed under any statutory provision for the licensing of auctioneers. (2) Any sale made in contravention of this section shall be absolutely void, and any person aiding or abetting such sale shall be liable to a fine not exceeding $200. (3) Not more than one year’s arrears of interest shall be recoverable under any bill of sale.


document_id: bsa-1886
provision_ref: s10
section: 10
title: Mode of registering bills of sale
content:
10. —(1) A bill of sale shall be attested and registered under this Act as provided in this section. (2) The execution by the grantor of every bill of sale shall be attested — ( a ) by an advocate and solicitor of the Supreme Court not being the advocate and solicitor of the grantee; ( b ) by a Magistrate or by the Registrar or the Deputy Registrar of the Supreme Court; ( c ) by a commissioner for oaths; or ( d ) by the registrar or deputy registrar hereinafter mentioned, who shall personally explain to the grantor the effect thereof, and the attestation shall state that before the execution of the bill of sale the effect thereof was so explained as aforesaid. (3) Such bill, with every schedule or inventory thereto annexed, and also a true copy of such bill and of every such schedule or inventory and of every attestation of the execution of the bill, together with a statutory declaration of the time when the bill was executed by the grantor and of its due execution and attestation, and a description of the residence and occupation of the grantor, or in case the same is made or given by any person under or in the execution of any process, then a description of the residence and occupation of the person against whom such process issued, and of the grantee, and of every attesting witness to the bill, shall be presented to, and the said copy and declaration shall within 3 clear days after the execution by the grantor of the bill be filed with the registrar of bills of sale, who is hereinafter referred to as the registrar. (4) If the bill of sale is made or given subject to any defeasance or condition or declaration of trust not contained in the body thereof, such defeasance, condition or declaration shall be deemed to be part of the bill and shall be written on the same paper therewith before the registration, and shall be truly set out in the copy filed under this Act therewith and as part thereof, otherwise the registration shall be void.


document_id: bsa-1886
provision_ref: s11
section: 11
title: Priority given by registration
content:
11. In case 2 or more bills of sale are given comprising in whole or in part any of the same chattels they shall have priority in the order of the date of their registration respectively as regards such chattels.


document_id: bsa-1886
provision_ref: s12
section: 12
title: Transfers need not be attested
content:
12. A transfer or assignment of a registered bill of sale need not be attested under this Act, but the transferee or assignee of the bill of sale shall within 3 clear days after the execution of the transfer or assignment file with the registrar a statutory declaration in the form set out in the Second Schedule, stating the date of the bill of sale and of the last registration thereof, the names, residences and occupations of the parties thereto as stated therein, the names, residences and occupations of the parties to the transfer or assignment, and that the said bill of sale is still a subsisting security, and shall also produce at the same time to the registrar the said transfer or assignment, otherwise the said transfer or assignment shall be void.


document_id: bsa-1886
provision_ref: s13
section: 13
title: Renewal of registration
content:
13. —(1) The registration of a bill of sale shall be renewed once at least every 12 calendar months, and if a period of 12 calendar months elapses from the registration or renewed registration of a bill of sale without a renewal or further renewal, as the case may be, the registration shall become void. (2) The renewal of a registration shall be effected by filing with the registrar a statutory declaration in the form set out in the Second Schedule, stating the date of the bill of sale and of the last registration thereof and the names, residences and occupations of the parties thereto as stated therein and that the bill of sale is still a subsisting security.


document_id: bsa-1886
provision_ref: s14
section: 14
title: Form of register
content:
14. —(1) The registrar shall keep a book, hereinafter referred to as the register, and shall upon the filing of any copy of a bill of sale enter therein in the form set out in the Third Schedule or in any other prescribed form the name, residence and occupation of the grantor, or, in case the same is made or given by any person under or in the execution of any process, then the name, residence and occupation of the person against whom such process was issued, and also the name of the person or persons to whom or in whose favour the bill is given and the other particulars shown in the said Schedule or to be prescribed, and shall number all such bills registered in each year consecutively according to the respective dates of their registration. (2) Upon the registration of any declaration of renewal the like entry shall be made, with the addition of the date and number of the last previous entry relating to the same bill, and the copy of the bill of sale originally filed shall be thereupon marked with the number affixed to such declaration of renewal. (3) Upon the registration of any declaration of transfer or assignment of a bill of sale an entry thereof shall be made in the register over against the last previous entry relating to such bill of sale.


document_id: bsa-1886
provision_ref: s15
section: 15
title: Rectification of register
content:
15. —(1) A Judge sitting in the General Division of the High Court, on being satisfied that the omission to register a bill of sale or a declaration of renewal or transfer or assignment thereof within the time prescribed, or the omission or misstatement of the name, residence or occupation of any person, was accidental or due to inadvertence or to absence from Singapore, may, in his discretion, order such omission or misstatement to be rectified by the insertion in the register of the true name, residence or occupation, or by extending the time for such registration on such terms and conditions, if any, as to security, notice by advertisement or otherwise, or as to any other matter, as he thinks fit. [40/2019] (2) Any application for the rectification of the register under this section shall be made in chambers.


document_id: bsa-1886
provision_ref: s16
section: 16
title: Entry of satisfaction
content:
16. —(1) A Judge sitting in the General Division of the High Court may order a memorandum of satisfaction to be written on any registered copy of a bill of sale upon being satisfied that the debt, if any, for which such bill was made or given has been satisfied or discharged. [40/2019] (2) The Registrar or Deputy Registrar of the Supreme Court may write a memorandum of satisfaction upon any registered copy of a bill of sale on a consent to the satisfaction signed by the person entitled to the benefit of the bill of sale and verified by affidavit being produced to him and filed in the Registry of the Supreme Court and on the original bill of sale being also produced to him.


document_id: bsa-1886
provision_ref: s17
section: 17
title: Inspection of register and office copies
content:
17. —(1) Any person shall be entitled to have an office copy of or extract from any registered bill of sale and declaration of execution filed therewith or registered declaration of renewal upon paying for the same at the rate of 25 cents for every page or at such other rate as is prescribed, and every such copy shall be prima facie evidence of the original and of the fact and date of registration as shown thereon. (2) Any person shall be entitled at all reasonable times, subject to such regulations as are prescribed — ( a ) to search the register on payment of a fee of 25 cents or such other fee as is prescribed; and ( b ) on a like payment in respect of each bill of sale inspected to inspect, examine, and make extracts from any registered bill of sale: Provided that the said extracts shall be limited to the dates of execution, registration, renewal of registration, and satisfaction, to the names, addresses and occupations of the parties, to the amount of the consideration, and to any further prescribed particulars.


document_id: bsa-1886
provision_ref: s18
section: 18
title: Declarations
content:
18. —(1) Every declaration required by or for the purposes of this Act may be made before the Registrar or Deputy Registrar of the Supreme Court, or before any commissioner for oaths, or before the registrar or a deputy registrar. (2) Every such declaration shall be deemed to be a declaration within the meaning of sections 199 and 200 of the Penal Code 1871.


document_id: bsa-1886
provision_ref: s19
section: 19
title: Registrars
content:
19. —(1) The Minister may appoint by name or office a registrar and deputy registrars of bills of sale. (2) Every person who acts as registrar or deputy registrar under this Act shall be deemed a public servant within the meaning of the Penal Code 1871.


document_id: bsa-1886
provision_ref: s20
section: 20
title: Fees
content:
20. There shall be charged in respect of the registration of bills of sale and other matters done under this Act such fees as are prescribed.


document_id: bsa-1886
provision_ref: s21
section: 21
title: Rules
content:
21. —(1) The Minister may make rules in respect of all or any of the following matters: ( a ) the form of the register and the mode in which the same is to be made and kept; ( b ) the mode in which registration is to be conducted; ( c ) the making of entries in the register of the satisfaction or discharge of the debt secured by a registered bill of sale; ( d ) the forms of declarations and other instruments to be used for the purposes of this Act; ( e ) the fees to be taken; ( f ) generally in relation to any matters, whether similar or not to those abovementioned, as to which it is expedient to make rules for carrying into effect the objects of this Act. (2) All rules made under this section shall be published in the Gazette .


document_id: bsaa-1926
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless there is something repugnant in the subject or context — “Association” means the Boy Scouts Association incorporated under the Royal Charter granted on 4 January 1912; “boy scout” means a boy scout recognised as such under the constitution, by-laws or rules of the Association, and includes also all officers of the Association.


document_id: bsaa-1926
provision_ref: s3
section: 3
title: Restriction on sale of badges, etc., of Association
content:
3. No person, other than the Association, shall sell or expose for sale any badge, token or emblem specifically adopted for use by boy scouts under the by-laws or rules of the Association.


document_id: bsaa-1926
provision_ref: s4
section: 4
title: Restriction on use of badges, etc., of Association
content:
4. No person, not being a boy scout, shall publicly wear, carry or bear in such a manner as to convey the impression that he is a boy scout, any badge, token or emblem specifically adopted for use by boy scouts under the by-laws or rules of the Association.


document_id: bsaa-1926
provision_ref: s5
section: 5
title: Wrongful exercise of authority by boy scouts
content:
5. No boy scout shall seek or attempt, by virtue of his wearing, carrying or bearing any badge, token or emblem of the Association, or badge, token or emblem purporting or appearing to be such, to enforce or exercise authority otherwise than in accordance with and as authorised by the by-laws or rules of the Association.


document_id: bsaa-1926
provision_ref: s6
section: 6
title: No person falsely to claim connection with Association
content:
6. No person shall form, organise, or work in connection with, or be concerned in forming, organising, or working in connection with, any corps or body which without due authority granted under the Royal Charter of the Association claims or purports to be “boy scouts”, or otherwise to be connected with the Association.


document_id: bsaa-1926
provision_ref: s7
section: 7
title: Penalties
content:
7. Any person who contravenes any of the provisions of this Act shall be guilty of an offence, and on summary conviction thereof before a Magistrate’s Court shall be liable to a fine not exceeding $200.


document_id: bsgo-1950
provision_ref: s2
section: 2
title:
The Titular Superior of the Congregation of the Brothers of St. Gabriel in the Colony of Singapore to be a body corporate

content:
2. —(1) The Reverend Brother Vincent, the Titular Superior of the Congregation of the Brothers of Christian Instruction of St. Gabriel, in the Colony of Singapore, and his successors in office, shall be a body corporate, hereinafter called “the Corporation”, and shall for the purposes of this Ordinance, have the name of “The Titular Superior of the Brothers of St. Gabriel in Singapore”, and by that name, have perpetual succession, and shall and may have and use a corporate seal. (2) The said seal may from time to time be broken, changed or altered or made anew as to the Corporation seems fit. (3) The expression “successors in office” shall be deemed to include the Brother Procurator from the time when the office of “The Titular Superior of the Brothers of St. Gabriel in Singapore” becomes vacant by the resignation or death of the holder for the time being until the formal assumption of office by his successor.


document_id: bsgo-1950
provision_ref: s3
section: 3
title: Power to acquire and dispose of property
content:
3. —(1) The Corporation may acquire, purchase, take, hold and enjoy movable and immovable property of every description, and may sell, convey, assign, exchange, surrender, yield up, mortgage, demise, re-assign, transfer or otherwise dispose of any movable or immovable property vested in the Corporation upon such terms as to the Corporation seem fit. (2) The Corporation may sue and be sued in respect of such property in any of the Courts of the Colony of Singapore.


document_id: bsgo-1950
provision_ref: s4
section: 4
title: Execution of documents
content:
4. —(1) All deeds, documents and other instruments requiring the seal of the Corporation shall be sealed with the seal of the Corporation in the presence of the person who is the Titular Superior for the time being of the Congregation of the Brothers of Christian Instruction of St. Gabriel in Singapore, or when the office is vacant, in the presence of the Brother Procurator or of the Attorney of any one of them duly authorised by a power of attorney deposited under section 48 of the Conveyancing and Law of Property Act 1886, and shall also be signed by the said Titular Superior for the time being of the Congregation of the Brothers of Christian Instruction of St. Gabriel or by the Brother Procurator as the case may be or the Attorney of any one of them so authorised as aforesaid. (2) Such signing shall be and be taken as sufficient evidence that the said seal was duly and properly affixed and that the same is the lawful seal of the Corporation.


document_id: bsgo-1950
provision_ref: s5
section: 5
title:
Notification of appointment of Titular Superior of the Congregation of the Brothers of Christian Instruction of St. Gabriel

content:
5. A notification in the Gazette of the appointment of any person to exercise the office of Titular Superior of the Congregation of the Brothers of Christian Instruction of St. Gabriel in the Colony of Singapore or of the Brother Procurator shall be conclusive evidence that such person was duly authorised to exercise the said office in the Colony of Singapore.


document_id: bsgo-1950
provision_ref: s6
section: 6
title: Saving of Government and other rights
content:
6. Nothing in this Ordinance contained shall affect the rights of the Government, all bodies politic and corporate, and all others, except such as are mentioned in this Ordinance and those claiming by, from and under them. [7/97]


document_id: bsia-2015
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act — “authorised officer”, for any provision of this Act, means an employee of the LTA who is appointed as an authorised officer under section 43 for the purposes of that provision; “bus” means any motor vehicle registered as a bus under the Road Traffic Act 1961; “bus depot” means any premises with purpose-built facilities for the parking, maintenance or refuelling of buses by bus operators holding Class 1 bus service licences; “bus depot licence” means a bus depot licence granted (or deemed granted) under Part 4 to operate a bus depot specified in the licence; “bus depot site” means the premises in Singapore on which a bus depot is or is to be situated; “bus interchange” means a terminal or station with purpose‑built facilities for the commencement or termination of one or more bus services and for the boarding or alighting of bus passengers; “bus interchange licence” means a bus interchange licence granted (or deemed granted) under Part 4 to operate a bus interchange specified in the licence; “bus interchange site” means the premises in Singapore on which a bus interchange is or is to be situated; “bus operator”, in relation to a bus service, means the person who operates the bus service, but does not include — ( a ) the LTA; or ( b ) a person who merely arranges for the registration of a bus, drives a bus or maintains or arranges for the maintenance of a bus; “bus service” means a service consisting of the carriage of passengers, for a fare, by buses operated — ( a ) at predetermined timetables; and ( b ) on a fixed route on roads for journeys wholly or partly within Singapore with 2 or more bus stopping points within Singapore; “bus service licence” means a bus service licence granted (or deemed granted) under Part 3 to operate a bus service, or the bus services, specified in the licence; “bus stopping point” means a location designated for a bus to stop for the purposes of passengers boarding and disembarking the bus; “business trust” and “trustee-manager” have the meanings given by section 2 of the Business Trusts Act 2004; [Act 20 of 2024 wef 01/04/2025] “chief executive officer”, in relation to a licensee, means an individual (by whatever name described) who — ( a ) is in the direct employment of, or acting for or by arrangement with, the licensee; or ( b ) is principally responsible for the management and conduct of the business of the licensee in operating a bus service, bus depot or bus interchange, as the case may be, and includes an individual for the time being performing all or any of the functions or duties of a chief executive officer; “Class 1 bus service licence” means a bus service licence authorising the operation of 10 or more regular route services specified in the licence; “Class 2 bus service licence” means a bus service licence authorising the operation of a single bus service specified in the licence; “code of practice” means a code of practice issued or approved by the LTA under section 37, and includes any such code of practice as amended from time to time under that section; “community bus service” means a bus service — ( a ) consisting of the carriage of passengers by a bus for or in connection with the activities of a religious, educational, health, welfare, philanthropic, sporting or charitable organisation; and ( b ) provided for a fare, or for consideration which is limited to the costs or part of the costs incurred in making the journey; “company” has the meaning given by section 4(1) of the Companies Act 1967; “corporation” has the meaning given by section 4(1) of the Companies Act 1967; [Act 20 of 2024 wef 01/04/2025] “courtesy bus service” means a bus service which is — ( a ) provided for the purpose of promoting the sale or supply of any product or service sold or supplied by a business organisation in the course of business in Singapore; and ( b ) provided for a fare, or for consideration which is limited to the costs or part of the costs incurred in making the journey; “designated entity” means a designated equity interest holder or a designated operating entity; [Act 20 of 2024 wef 01/04/2025] “designated equity interest holder” means an entity that has been designated as a designated equity interest holder under section 28E; [Act 20 of 2024 wef 01/04/2025] “designated operating entity” means an entity that has been designated as a designated operating entity under section 28E; [Act 20 of 2024 wef 01/04/2025] “director” has the meaning given by section 4(1) of the Companies Act 1967; “effective designation date”, in relation to a designated entity, means the date specified under section 28E(3) as the date on which the designation of that entity as a designated operating entity or designated equity interest holder (as the case may be) takes effect; [Act 20 of 2024 wef 01/04/2025] “entity” means any sole proprietorship, partnership, corporation or other body of persons, whether corporate or unincorporate, and includes a business trust; [Act 20 of 2024 wef 01/04/2025] “essential transport service” means — ( a ) the service of operating any bus depot or bus interchange; ( b ) any bus service specified or described in the Schedule; or ( c ) any service specified or described in the Schedule which is necessary — (i) for the continuity of; or (ii) for supporting, the provision of any bus service mentioned in paragraph ( b ) or the operation of any bus depot or bus interchange; [Act 20 of 2024 wef 01/04/2025] “fare” means the price payable by an individual passenger for any bus service, and includes the provision of, or arrangement for, a discount, concession, allowance, rebate or credit applying in relation to the price payable for use of that service; “interim services contract” has the meaning given by section 32; “licence” means a bus service licence, a bus depot licence or a bus interchange licence; “licensed” means licensed (or deemed licensed) under this Act for the time being, but does not include any period when a licence is suspended; “licensee” means a licensed bus operator, a licensed bus depot operator or a licensed bus interchange operator; “limited liability partnership” has the meaning given by the Limited Liability Partnerships Act 2005; “LTA” means the Land Transport Authority of Singapore constituted under the Land Transport Authority of Singapore Act 1995; “modification” and “modify”, in relation to the conditions of a licence, include deleting or varying and substituting a condition, and adding a condition; “operate” means — ( a ) for a bus service — to control or direct the operations of the bus service in connection with a business for, or involving, the transport of passengers by road by that bus service, but does not include — (i) merely arranging for the registration of a bus; (ii) merely driving a bus; or (iii) merely maintaining or arranging for the maintenance of a bus; and ( b ) for a bus depot or bus interchange — to control or direct the operations of the bus depot or bus interchange in connection with a business, but does not include the following: (i) merely driving a bus; (ii) merely repairing a bus; (iii) merely refuelling a bus, or supplying fuel for buses, parked at a bus depot or bus interchange; “partner”, in relation to a limited liability partnership, has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005; “penalty provision”, for a public bus services contract, means a provision in the public bus services contract that provides for the payment of an amount of penalty — ( a ) for a breach of the public bus services contract; ( b ) for a failure (not being a breach of contract) to meet a requirement specified in the contract; or ( c ) on the termination of the contract; “performance standards”, for bus services, includes — ( a ) minimum service levels determined according to such things as the periods of time during which the services are to be operated, the extent of services and the frequency of operation of services during specified periods; and ( b ) performance outcomes for frequency, regularity, punctuality and accessibility of bus services, and of customer information and service, and where there are different performance standards determined by the LTA under this Act for different classes of bus services or different classes of bus operators of bus services, means the performance standards determined for that class of bus services or bus operators, as the case may be; “premises” means a building or structure (whether permanent or temporary) or part of the building or structure, and includes any immediately adjoining space or land necessary for access to, or for the enjoyment of occupants of, the building or structure; “public bus operator” means a bus operator who is party to a public bus services contract for the provision of bus services specified in the contract; “public bus services contract” means a contract entered into by the LTA under Part 2 for the provision of bus services specified in the contract; “public bus system” means all the components which make up the system for the movement of individuals on bus services including — ( a ) the physical components such as — (i) facilities for accessing, disembarking and the interchange of passengers, including bus stopping infrastructure and bus interchanges; (ii) bus depots and other facilities for the maintenance, refuelling and parking of buses; (iii) buses; and (iv) control, communications and location systems and technology, information, and other systems and equipment for the provision of bus services; and ( b ) the management components such as — (i) plans for building the network and acquiring vehicles; (ii) operations planning including business plans, corporate plans, operations plans and contingency plans; (iii) operational matters required to operate the system including schedules, timetables and ticketing systems; (iv) legislative and regulatory systems such as registration, licensing and accreditation; (v) the labour components including all the persons involved in planning, policy development, operations, and regulating and managing the physical and management components of the system; and (vi) administration, maintenance and information management matters; “Public Transport Council” or “PTC” means the Public Transport Council established under the Public Transport Council Act 1987; “regular route service” means a bus service that is conducted according to predetermined routes and timetables with 2 or more bus stopping points within Singapore, but does not include — ( a ) a tourist bus service; ( b ) a community bus service; ( c ) a courtesy bus service; or ( d ) a bus service excluded from this definition by the Minister by order in the Gazette ; “regulatory action” means any action in section 39(1) or (2) that may be taken by the LTA against a licensee; “step-in order” means an order made under section 30; “tourist bus service” means a bus service where — ( a ) tourism is a major and regular feature or focus of the service; ( b ) the passenger profile including, in particular, whether users of the service, are mainly sightseers or pursuing mainly tourism activities; ( c ) all passengers’ journeys stop at or divert to points of cultural, historic, scenic, scientific or sporting interest in Singapore; and ( d ) the passengers are taken on to or back to hotels or other tourist accommodation or a tourism travel connection. [Act 20 of 2024 wef 01/04/2025]


document_id: bsia-2015
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Purposes of Act
content:
3. The purposes of this Act are — ( a ) to regulate the provision in Singapore of bus services and the operators of bus depots and bus interchanges; ( aa ) to control entities providing essential transport services and their equity interest holders; [Act 20 of 2024 wef 01/04/2025] ( b ) to implement a bus services procurement framework; and ( c ) to provide for the service standards that apply in the provision of bus services and the operation of bus depots and bus interchanges, so as to facilitate the delivery of safe, reliable and efficient bus services in Singapore.


document_id: bsia-2015
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Act binds Government
content:
4. —(1) This Act binds the Government. (2) However, nothing in this Act renders the Government liable to prosecution for an offence under this Act. (3) To avoid doubt, no person is immune from prosecution for any offence under this Act by reason only that the person is engaged to provide services to the Government.


document_id: bsia-2015
provision_ref: s5
chapter: PART 1 - PRELIMINARY
section: 5
title: Administration of Act
content:
5. —(1) It is the function of the LTA to exercise licensing and regulatory functions in accordance with this Act with respect to the provision in Singapore of bus services and the operation of bus depots and bus interchanges, and the control of entities providing essential transport services and their equity interest holders, and to otherwise administer this Act. [Act 20 of 2024 wef 01/04/2025] (2) In discharging the functions and duties imposed on it by subsection (1), the LTA must have regard to the need — ( a ) for reliable, seamless and convenient passenger travel on buses and other forms of land transport in Singapore; ( b ) for ensuring that any person licensed or otherwise authorised under this Act to operate any bus service, bus depot or bus interchange is able to do so efficiently while maintaining independent financial viability; and ( c ) for sustainability, adequacy and optimisation of capacity across the network of bus services and services for train journeys within Singapore.


document_id: bsia-2015
provision_ref: s6
chapter: PART 2 - BUS SERVICES PROCUREMENT FRAMEWORK
section: 6
title: Public bus services contracts
content:
6. —(1) The LTA may enter into a public bus services contract with any person for the provision of one or more regular route services. (2) In particular, the LTA may enter into a public bus services contract for the provision of one or more regular route services under subsection (1) with a person that is subject to a condition precedent that requires that person to obtain a bus service licence for that regular route service or services, as the case may be. (3) The LTA may invite public bus services contracts by tender or in any other manner it thinks fit.


document_id: bsia-2015
provision_ref: s7
chapter: PART 2 - BUS SERVICES PROCUREMENT FRAMEWORK
section: 7
title: Contents of public bus services contracts
content:
7. —(1) A public bus services contract may relate to a particular area in Singapore or route wholly or partly within Singapore. (2) However, a public bus services contract must — ( a ) specify the term of the contract; ( b ) provide the manner in which the public bus operator who is party to the contract will be remunerated or gain revenue from the provision of the regular route service or services under the contract; and ( c ) specify the performance standards to be met by the public bus operator who is party to the contract in relation to the provision of regular route services under the contract. (3) A public bus services contract may make provision in relation to the operation of any regular route service under the contract and the administration of the contract, including but not limited to — ( a ) the variation of the contract, such as — (i) to extend the service into developing areas in Singapore; (ii) for public safety; (iii) because of changed traffic conditions; (iv) to improve that regular route service in the public interest; (v) to address a serious or frequent failure on the part of the public bus operator under the contract to observe the terms and conditions of the contract; or (vi) to address the public bus operator under the contract having been found guilty of an offence under this Act committed during the term of the contract; ( b ) the fees (if any) payable under the contract; ( c ) monetary or other penalties — (i) for a breach of the contract; (ii) for a failure (not being a breach of contract) to meet a requirement specified in the contract; or (iii) payable on the termination of the contract; ( d ) the records (including accounts) to be made and kept, and how they are to be made and kept; and ( e ) bonds for the performance of obligations or specified obligations under the contract. (4) Subsection (3) does not limit the matters about which a public bus services contract may make provision.


document_id: bsia-2015
provision_ref: s8
chapter: PART 2 - BUS SERVICES PROCUREMENT FRAMEWORK
section: 8
title: Enforcement of performance standards in public bus services contracts
content:
8. —(1) Performance standards provided for by a public bus services contract are to be enforced by penalty provisions or in any other manner that the contract may provide. (2) A person — ( a ) who breaches a public bus services contract; ( b ) who fails (being not a breach of contract) to meet a requirement specified in a public bus services contract; or ( c ) who terminates a public bus services contract, that is enforceable by a penalty provision is liable to pay, as a debt due to the LTA, an amount determined in accordance with the contract as the penalty for the breach, failure or termination, as the case may be. (3) A public bus services contract may provide that an amount payable under a penalty provision may also be recovered by withholding amounts otherwise payable under the contract and may contain other related provisions. (4) To avoid doubt, subsection (1) does not limit the provisions of a public bus services contract that may be enforced by penalty provisions. (5) This section has effect despite any rule of, or principle at, common law.


document_id: bsia-2015
provision_ref: s9
chapter: PART 2 - BUS SERVICES PROCUREMENT FRAMEWORK
section: 9
title: Offer of further public bus services contract
content:
9. —(1) The LTA may enter into a further public bus services contract with a licensed bus operator on, before or after the end of the term of a public bus services contract with that bus operator only if the LTA decides that that operator’s performance under the public bus services contract (called in this section an existing public bus services contract) has been satisfactory. (2) However, a further contract may be on the same or different terms. (3) This section does not apply to an existing public bus services contract in relation to which an option to renew may be exercised under the contract, or an interim services contract. (4) To avoid doubt, nothing in this Part confers a right to or expectation of a further public bus services contract.


document_id: bsia-2015
provision_ref: s10
chapter: PART 2 - BUS SERVICES PROCUREMENT FRAMEWORK
section: 10
title: Termination of public bus services contracts
content:
10. —(1) A public bus services contract is automatically terminated if — ( a ) the public bus operator that is party to a contract with a condition precedent mentioned in section 6(2) ceases to hold the bus service licence for the regular route service or services specified in the contract; or ( b ) the operator contravenes section 17. (2) To avoid doubt, subsection (1) does not limit the enforcement by penalty provisions in the public bus services contract for the termination of the contract.


document_id: bsia-2015
provision_ref: s11
chapter: PART 3 - LICENSING OF BUS OPERATORS
section: 11
title: Unauthorised operation of bus services
content:
11. —(1) A person must not operate in Singapore a bus service unless — ( a ) the person is authorised to do so by a bus service licence; ( b ) the person is exempt from this section by or under this Act in relation to that bus service; ( c ) the person is the LTA; or ( d ) the person (called in this Act a bus service subcontractor) is authorised to do so by contract with a person referred to in paragraph ( a ) or ( b ). (2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) where the number of bus services operated in contravention is 10 or more regular route services — to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction; or ( b ) in any other case — to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction.


document_id: bsia-2015
provision_ref: s12
chapter: PART 3 - LICENSING OF BUS OPERATORS
section: 12
title: Application for or to renew bus service licences
content:
12. —(1) An application for or to renew a bus service licence must be made to the LTA in accordance with this section. (2) An application for a bus service licence or to renew a bus service licence must — ( a ) be in the form and manner that the LTA may determine; ( b ) be accompanied by an application fee, if prescribed; and ( c ) be accompanied by the prescribed information and any other additional information that the LTA requires to decide on the application. (3) The LTA may refuse to consider an application for or to renew a bus service licence that is incomplete or not made in accordance with this section.


document_id: bsia-2015
provision_ref: s13
chapter: PART 3 - LICENSING OF BUS OPERATORS
section: 13
title: Grant, etc., of bus service licences
content:
13. —(1) After considering any application for or to renew a bus service licence, the LTA may — ( a ) on payment of — (i) a bus service licence fee (if prescribed) — grant the applicant a Class 1 bus service licence or Class 2 bus service licence; or (ii) a renewal fee or late renewal fee (if prescribed) — renew the licence; or ( b ) refuse to grant or renew the bus service licence, as the case may be. (2) In deciding whether an applicant should be granted a Class 1 bus service licence, or whether the applicant’s Class 1 bus service licence should be renewed, and the conditions to impose or modify, the LTA must have regard to, and give such weight as the LTA considers appropriate to, all of the following matters: ( a ) the applicant’s capacity to comply with the requirements for financial viability in operating the regular route services in the application; ( b ) the applicant’s capacity to deliver the regular route services in the application according to the performance standards and other terms in a public bus services contract; ( c ) the demand for the regular route services in the application; ( d ) the existence of other bus services in the same area; ( e ) whether the applicant is a company, partnership, limited liability partnership or other body corporate; ( f ) whether the applicant and, where necessary, whether — (i) every member of the board of directors or committee or board of trustees or other governing body of an applicant that is a company, limited liability partnership or other body corporate; or (ii) every partner of an applicant that is a partnership, is a suitable person to be involved in the management or operation of the regular route services in the application; ( g ) whether it is otherwise contrary to the public interest for the licence to be granted to the applicant. (3) For the purpose of determining whether or not a person referred to in subsection (2)( f ) is a suitable person to be involved in the management or operation of 10 or more regular route services, the LTA must, having regard to the degree and nature of the person’s proposed involvement in the public bus system in Singapore, have regard to, and give such weight as the LTA considers appropriate to, all of the following matters: ( a ) the person’s relevant knowledge, competency and experience; ( b ) any evidence of the exercise of any power under section 39 in relation to the person — (i) for committing an offence under this Act; or (ii) for contravening any notice or direction given under this Act; ( c ) any conviction for committing — (i) an offence under Part 5 of the Road Traffic Act 1961 or rules made under that Part in relation to buses, or under the Public Transport Council Act 1987, whether or not the offence was committed before 22 January 2016; or (ii) any other offence, whether or not the conviction was in a Singapore court and whether or not the offence was committed before 22 January 2016. (4) In determining whether an applicant should be granted a Class 2 bus service licence, or whether the applicant’s Class 2 bus service licence should be renewed, and the conditions to impose or modify, the LTA must have regard to, and give such weight as the LTA considers appropriate to, all of the following matters: ( a ) the applicant’s ability and financial capacity to operate the bus services in the application in a satisfactory, safe and efficient manner; ( b ) the suitability of the route or routes on which a bus service is to be provided under the licence; ( c ) the extent (if any) to which the needs of those proposed route or routes are already adequately and satisfactorily served by existing land transport facilities; ( d ) the needs of the area as a whole in relation to passenger demand (including the provision of adequate, safe, suitable and efficient services, the elimination of unnecessary or unsatisfactory services and the provision of unremunerative services) and the coordination of all forms of passenger transport; ( e ) whether it is otherwise contrary to the public interest for the licence to be granted to the applicant. (5) To avoid doubt, the LTA is not confined to consideration of the matters specified in subsection (2), (3) or (4) and may take into account any other matters and evidence that may be relevant. (6) Without affecting subsection (1), the LTA may grant a renewal of a bus service licence (of any class) with or without modifying the conditions of the licence, but section 16 does not apply to or in relation to granting a renewal of a bus service licence with modifications to the conditions of the licence.


document_id: bsia-2015
provision_ref: s14
chapter: PART 3 - LICENSING OF BUS OPERATORS
section: 14
title: Validity of bus service licences
content:
14. —(1) Every bus service licence must state its class and be in the form that the LTA may determine. (2) Every bus service licence granted or renewed under this Part continues in force for the period specified in the licence unless it is earlier revoked or suspended under section 39.


document_id: bsia-2015
provision_ref: s15
chapter: PART 3 - LICENSING OF BUS OPERATORS
section: 15
title: Conditions of bus service licences
content:
15. —(1) In granting a bus service licence to any person, the LTA may impose any conditions that the LTA considers requisite or expedient having regard to the purposes of this Act. (2) In particular, in granting a Class 1 bus service licence to a bus operator, the LTA may impose conditions — ( a ) relating to the use and deployment of the buses managed by the licensed bus operator in operating the regular route service or services in the licence; ( b ) relating to the safety and security of passengers of buses in the provision of the regular route service or services in the licence, and other persons using or engaged in work on those buses; ( c ) relating to the conduct of the employees, agents and contractors of the licensed bus operator; ( d ) requiring the provision of a performance bond, guarantee or any other form of security of an amount and on any terms and conditions that the LTA may determine — (i) to secure compliance by the licensed bus operator with any condition attached to the licence; or (ii) to meet any financial penalty arising out of any proceedings under section 39 with a view to regulatory action started or likely to start against the licensed bus operator, or both; ( e ) requiring the licensed bus operator itself to deal with any plague or epidemic, fire, flood, earthquake or disaster (natural or otherwise) or any other public emergency; or ( f ) requiring the licensed bus operator to undergo (at its own cost) any audit that the LTA may require to ascertain that licensee’s compliance with — (i) the provisions of this Act or a code of practice applicable to the licensed bus operator; (ii) the conditions of the Class 1 bus service licence granted to that licensed bus operator; or (iii) a direction given under section 38. (3) An audit mentioned in subsection (2)( f ) may be carried out only by authorised officers or other officers of the LTA or qualified individuals approved by the LTA for the purpose. (4) In particular, in granting a Class 2 bus service licence to a bus operator, the LTA may impose conditions relating to — ( a ) the safety and security of passengers of the bus service and other persons who use the buses; ( b ) the operating hours, route, bus stopping points and other activities of the bus service connected with a safe and secure operation; ( c ) the prevention of racing, cutting in and dangerous competition with other vehicles on the route; ( d ) requirements that the licensed bus operator must prepare itself to deal with any plague or epidemic, fire, flood, earthquake or disaster (natural or otherwise) or any other public emergency; or ( e ) the provision of a performance bond, guarantee or any other form of security, of an amount and on any terms and conditions that the LTA may determine — (i) to secure compliance by the licensed bus operator with any condition attached to the licence; or (ii) to meet any financial penalty arising out of any proceedings under section 39 with a view to regulatory action started or likely to start against the licensed bus operator, or both.


document_id: bsia-2015
provision_ref: s16
chapter: PART 3 - LICENSING OF BUS OPERATORS
section: 16
title: Modifying conditions of bus service licence
content:
16. —(1) Subject to this section, it is lawful for the LTA to modify the conditions of a bus service licence without compensating the licensed bus operator concerned. (2) Before modifying any conditions of a bus service licence, the LTA must give notice to the licensed bus operator holding that licence — ( a ) stating that the LTA proposes to make the modification in the manner as specified in the notice; and ( b ) specifying the time (being at least 14 days after the date of service of the notice on the licensed bus operator) within which the licensed bus operator may make written representation to the LTA with respect to the proposed modification. (3) Upon receiving any written representation mentioned in subsection (2), the LTA must consider that representation and may — ( a ) reject the representation; ( b ) amend the proposed modification in such manner as the LTA thinks fit having regard to the representation; or ( c ) withdraw the proposed modification. (4) Where — ( a ) the LTA rejects any written representation under subsection (3)( a ); ( b ) the LTA amends any proposed modification to the conditions of the licence under subsection (3)( b ); or ( c ) no written representation is received by the LTA within the time specified under subsection (2)( b ), or any written representation made under that subsection is subsequently withdrawn, and the licensed bus operator has not given immediate effect to the modification, the LTA must issue a written direction to the licensed bus operator concerned requiring the licensed bus operator, within the time specified by the LTA, to give effect to the modification as specified in the notice under subsection (2) or as amended by the LTA under subsection (3), as the case may be.


document_id: bsia-2015
provision_ref: s17
chapter: PART 3 - LICENSING OF BUS OPERATORS
section: 17
title: Restriction on transfer and surrender of bus service licence
content:
17. —(1) A bus service licence, and any right, benefit or privilege under the licence, is not transferable or assignable to any other person unless — ( a ) the licence contains a condition authorising the transfer or assignment; and ( b ) the LTA consents in writing to the transfer or assignment. (2) Any consent under subsection (1) may be given subject to compliance with any conditions that the LTA thinks fit to impose, which may, subject to section 16, include modifying, or requiring or otherwise providing for the making of modifications to, the conditions of the licence. (3) A transfer or an assignment, or purported transfer or assignment, of a bus service licence, or of any right, benefit or privilege under the licence, is void and of no effect — ( a ) if the licence is not capable of transfer or assignment; ( b ) if the transfer or assignment, or purported transfer or assignment, is in breach of a condition of the licence; or ( c ) if there has been, before the transfer or assignment or purported transfer or assignment, a contravention of a condition subject to compliance with which the consent required by subsection (1) is given. (4) Every bus service licence is not capable of being surrendered without the written consent of the LTA, and any surrender or purported surrender of a bus service licence is void if it is without that written consent. Division 2 &#x2014; Special restrictions for Class 1 bus service licences


document_id: bsia-2015
provision_ref: s18
chapter: PART 3 - LICENSING OF BUS OPERATORS
section: 18
title: Change in management of Class 1 bus service licence
content:
18. It is a condition of every Class 1 bus service licence that the licensed bus operator to whom the licence is granted must notify the LTA of — ( a ) if the licensed bus operator is a company — the resignation of any director of the company within the prescribed period after the date of resignation; or ( b ) if the licensed bus operator is a partnership, limited liability partnership or company — the death of any of its partners or directors within the prescribed period after the date the licensed bus operator becomes aware of that death.


document_id: bsia-2015
provision_ref: s19
chapter: PART 3 - LICENSING OF BUS OPERATORS
section: 19
title: Appointment and removal of chief executive officer, director, etc.
content:
19. —(1) A bus operator holding a Class 1 bus service licence that is a company, limited liability partnership or other body corporate must not — ( a ) appoint or re-appoint an individual as its chief executive officer, or the chairperson of its board of directors or any of its directors; or ( b ) remove its chief executive officer or the chairperson of its board of directors or any of its directors, unless the licensee has obtained the prior written approval of the LTA. (1A) A person must not be appointed as a manager of, or become a partner in, a limited liability partnership that is a bus operator holding a Class 1 bus service licence, unless the licensee has obtained the prior written approval of the LTA. [Act 20 of 2024 wef 01/04/2025] (2) A person must not become a partner in a partnership that is a bus operator holding a Class 1 bus service licence unless the person has obtained the prior written approval of the LTA. [Act 20 of 2024 wef 01/04/2025] (2A) The LTA may — ( a ) grant an approval under this section subject to any conditions that the LTA considers appropriate to impose; and ( b ) at any time add to, vary or revoke any condition so imposed. [Act 20 of 2024 wef 01/04/2025] (3) Where a person — ( a ) is appointed or re-appointed by a bus operator holding a Class 1 bus service licence as its chief executive officer, its director or the chairperson of its board of directors, in contravention of subsection (1); ( b ) is removed as the chief executive officer or the chairperson of the board of directors or any of its directors, in contravention of subsection (1); or ( c ) is appointed a manager of or becomes a partner in a limited liability partnership in contravention of subsection (1A), or becomes a partner in a partnership in contravention of subsection (2), [Act 20 of 2024 wef 01/04/2025] the LTA may issue a direction to the licensee to do as follows (whichever is applicable), and the licensee must comply with that direction: ( d ) to remove that individual from the individual’s appointment as the chief executive officer or a director or the chairperson of the board of directors of the licensee; ( e ) to reinstate the individual as the chief executive officer or a director or the chairperson of the board of directors of the licensee; or ( f ) to remove that manager or partner. [Act 20 of 2024 wef 01/04/2025] [Act 20 of 2024 wef 01/04/2025] (4) This section has effect despite the provisions of any other written law and the provisions of the memorandum or articles of association, limited liability partnership, partnership contract or other constitution, of the bus operator holding the Class 1 bus service licence. [Act 20 of 2024 wef 01/04/2025] (5) Nothing in subsection (3) is to be taken as depriving a person who is removed under that subsection of compensation or damages payable to the person in respect of the termination of the person’s appointment as a chief executive officer, director or chairperson of the board of directors or the person’s removal as a manager or partner. [Act 20 of 2024 wef 01/04/2025] (6) This section does not apply to or in relation to any bus operator holding a Class 1 bus service licence that has been designated as a designated operating entity, starting on its effective designation date and while it remains so designated. [Act 20 of 2024 wef 01/04/2025]


document_id: bsia-2015
provision_ref: s20
chapter: PART 3 - LICENSING OF BUS OPERATORS
section: 20
title: Restrictions on acquisition of essential operating assets
content:
20. —(1) A person must not acquire, on or after 22 January 2016, any essential operating asset for regular route services, or an interest in such an essential operating asset (whether or not the acquisition is by way of the enforcement of a loan security), unless — ( a ) the person is a public bus operator holding a Class 1 bus service licence authorised to operate those regular route services; or ( b ) the LTA consents in writing to that acquisition. (2) Any acquisition, or a purported acquisition of any essential operating asset for all or part of any regular route services, or of an interest in such an essential operating asset, in contravention of subsection (1) is void. (3) In this section, “essential operating asset”, in relation to any regular route service in a public bus services contract, means any bus, plant, equipment, machinery or other property which — ( a ) is used or intended to be used (and whether or not it is also used for other purposes) by a public bus operator holding a Class 1 bus service licence to provide the regular route services under that public bus services contract; ( b ) makes up part of the public bus system and is essential to the continuity of the regular route services under that public bus services contract; or ( c ) is designated an essential operating asset by or under that public bus services contract.


document_id: bsia-2015
provision_ref: s22
chapter: PART 4 - LICENSING OF BUS DEPOT OR
section: 22
title: Unauthorised operation of bus depots or bus interchanges
content:
22. —(1) A person must not operate in Singapore a bus depot or bus interchange unless — ( a ) the person is authorised by — (i) a bus depot licence to operate the bus depot; or (ii) a bus interchange licence to operate the bus interchange; ( b ) the person is exempt from this section by or under this Act; ( c ) the person is the LTA; or ( d ) the person (called in this Act a bus depot or interchange subcontractor) is authorised to do so by contract with a person referred to in paragraph ( a ) or ( b ). (2) A 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 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction.


document_id: bsia-2015
provision_ref: s23
chapter: PART 4 - LICENSING OF BUS DEPOT OR
section: 23
title: Application for bus depot licence or bus interchange licence
content:
23. —(1) An application for a bus depot licence or bus interchange licence must be made to the LTA in accordance with this section. (2) An application for a bus depot licence or bus interchange licence must — ( a ) be in the form and manner that the LTA may determine; and ( b ) be accompanied by an application fee, if prescribed. (3) The LTA may refuse to consider an application for a bus depot licence or bus interchange licence that is incomplete or not made in accordance with this section.


document_id: bsia-2015
provision_ref: s24
chapter: PART 4 - LICENSING OF BUS DEPOT OR
section: 24
title: Grant of bus depot licence or bus interchange licence
content:
24. —(1) After considering any application for a licence under section 23, the LTA may — ( a ) on payment of a licence fee (if prescribed), grant the bus depot licence or bus interchange licence applied for; or ( b ) refuse to grant the bus depot licence or bus interchange licence, as the case may be. (2) In deciding whether an applicant should be granted a bus depot licence or bus interchange licence under subsection (1), and the conditions to impose or modify, the LTA must have regard to, and give such weight as the LTA considers appropriate to, all of the following matters: ( a ) whether the applicant is or is not a bus operator holding a Class 1 bus service licence; ( b ) whether the applicant does not have (or is unlikely to have) the financial capacity and ability to operate and maintain an adequate, satisfactory, safe and efficient bus depot or bus interchange at a bus depot site or bus interchange site (as the case may be) specified in the application; ( c ) whether the bus depot site or bus interchange site is fit to be used as a bus depot or bus interchange, as the case may be; ( d ) whether the applicant and, where necessary, whether — (i) every member of the board of directors or committee or board of trustees or other governing body of an applicant which is a company, limited liability partnership or other body corporate; or (ii) every partner of an applicant that is a partnership, is a suitable person to be involved in the management or operation of the bus depot or bus interchange in the application; ( e ) whether it is otherwise contrary to the public interest for the bus depot licence or bus interchange licence (as the case may be) to be granted to the applicant. (3) For the purpose of determining whether or not a person referred to in subsection (2)( d ) is a suitable person to be involved in the management or operation of a bus depot or bus interchange, the LTA must, having regard to the degree and nature of the person’s proposed involvement in the public bus system in Singapore, have regard to, and give such weight as the LTA considers appropriate to, all of the following matters: ( a ) the person’s relevant knowledge, competency and experience; ( b ) any evidence of the exercise of any power under section 39 in relation to the person — (i) for committing an offence under this Act; or (ii) for contravening any notice or direction given under this Act; ( c ) any conviction for committing — (i) an offence under Part 5 of the Road Traffic Act 1961 or rules made under that Part in relation to buses, whether or not the offence was committed before 22 January 2016; or (ii) any other offence, whether or not the conviction was in a Singapore court and whether or not the offence was committed before 22 January 2016. (4) To avoid doubt, the LTA is not confined to consideration of the matters specified in subsection (2) or (3) and may take into account any other matters and evidence that may be relevant.


document_id: bsia-2015
provision_ref: s25
chapter: PART 4 - LICENSING OF BUS DEPOT OR
section: 25
title: Validity and renewal of bus depot licence or bus interchange licence
content:
25. —(1) Every bus depot licence or bus interchange licence granted under this Act is to be in the form that the LTA may determine. (2) Every bus depot licence or bus interchange licence granted or renewed under this Act continues in force for the period specified in the licence, unless it is earlier revoked or suspended under section 39. (3) The LTA may, on the application by a licensee holding a bus depot licence or bus interchange licence to renew the licence — ( a ) grant a renewal of the bus depot licence or bus interchange licence on payment of a renewal fee or late renewal fee (if prescribed) and with or without adding to, deleting from or varying conditions of the licence; or ( b ) refuse to renew the bus depot licence or bus interchange licence, as the case may be. (4) An application to renew a bus depot licence or bus interchange licence must be made no later than 3 months before the date of expiry of the licence (or the longer period prescribed in substitution), unless otherwise allowed by the LTA in any particular case which is to be treated as a late renewal application. (5) Sections 23 and 24 apply, with the necessary modifications, to every application to renew a bus depot licence or bus interchange licence as if the application is for a grant of the bus depot licence or bus interchange licence. (6) To avoid doubt, section 27 does not apply to or in relation to granting a renewal of a bus depot licence or bus interchange licence with additional, deleted or varied conditions of the licence.


document_id: bsia-2015
provision_ref: s26
chapter: PART 4 - LICENSING OF BUS DEPOT OR
section: 26
title: Conditions of bus depot licence or bus interchange licence
content:
26. —(1) In granting a bus depot licence or bus interchange licence to any person (called in this section the licensee), the LTA may impose any conditions that the LTA considers requisite or expedient having regard to the purposes of this Act. (2) Without limiting subsection (1), a bus depot licence to operate a bus depot, or a bus interchange licence to operate a bus interchange, may include conditions relating to — ( a ) the extent, hours and general level of service at the bus depot or bus interchange; ( b ) the maintenance and operation of the bus depot or bus interchange and any equipment therein; ( c ) the security criteria for selecting persons engaged in any work at the bus depot or bus interchange; ( d ) the safety and security of persons using, or at work at, the bus depot or bus interchange; ( e ) requirements that the licensee must prepare itself to deal with any plague or epidemic, fire, flood, earthquake or disaster (natural or otherwise) or any other public emergency; ( f ) the terms and conditions that the licensee can impose on the use of the bus depot or bus interchange — (i) by employees, agents, tenants and contractors of the licensee; (ii) by licensed bus operators; or (iii) by members of the public; and ( g ) in the case of a bus interchange — (i) the provision of travel information systems and directional signs for the purpose of ensuring integration of the bus interchange with transport services and facilities and developments surrounding the bus interchange so as to enhance passenger services; and (ii) the maximum fee that the licensee may charge for the use of the bus interchange by bus operators.


document_id: bsia-2015
provision_ref: s27
chapter: PART 4 - LICENSING OF BUS DEPOT OR
section: 27
title: Modifying conditions of bus depot licence or bus interchange licence
content:
27. —(1) Subject to this section, it is lawful for the LTA to modify the conditions of a bus depot licence or bus interchange licence without compensating the licensee to whom the licence is granted (called in this section the licensee). (2) Before modifying any conditions of a bus depot licence or bus interchange licence, the LTA must give notice to the licensee holding that licence — ( a ) stating that the LTA proposes to make the modification in the manner as specified in the notice; and ( b ) specifying the time (being at least 14 days after the date of service of the notice on the licensee) within which the licensee may make written representation to the LTA with respect to the proposed modification. (3) Upon receiving any written representation mentioned in subsection (2), the LTA must consider that representation and may — ( a ) reject the representation; ( b ) amend the proposed modification in such manner as the LTA thinks fit having regard to the representation; or ( c ) withdraw the proposed modification. (4) Where — ( a ) the LTA rejects any written representation under subsection (3)( a ); ( b ) the LTA amends any proposed modification to the conditions of the licence under subsection (3)( b ); or ( c ) no written representation is received by the LTA within the time specified under subsection (2)( b ), or any written representation made under that subsection is subsequently withdrawn, and the licensee has not given immediate effect to the modification, the LTA must issue a written direction to the licensee in question requiring the licensee, within the time specified by the LTA, to give effect to the modification as specified in the notice under subsection (2) or as amended by the LTA under subsection (3), as the case may be.


document_id: bsia-2015
provision_ref: s28
chapter: PART 4 - LICENSING OF BUS DEPOT OR
section: 28
title: Restriction on transfer and surrender of bus depot licence or bus interchange licence
content:
28. —(1) A bus depot licence or bus interchange licence, and any right, benefit or privilege under the licence, is not transferable or assignable to any other person unless — ( a ) the licence contains a condition authorising the transfer or assignment; and ( b ) the LTA consents in writing to the transfer or assignment. (2) Any consent under subsection (1) may be given subject to compliance with any conditions that the LTA thinks fit to impose, which may, subject to section 27, include modifying, or requiring or otherwise providing for the making of modifications to, the conditions of the licence. (3) A transfer or an assignment, or purported transfer or assignment, of a bus depot licence or bus interchange licence, or of any right, benefit or privilege under the licence, is void and of no effect — ( a ) if the licence is not capable of transfer or assignment; ( b ) the transfer or assignment, or purported transfer or assignment, is in breach of a condition of the licence; or ( c ) if there has been, before the transfer or assignment or purported transfer or assignment, a contravention of a condition subject to compliance with which the consent required by subsection (1) is given. (4) Every bus depot licence or bus interchange licence is not capable of being surrendered without the written consent of the LTA, and any surrender or purported surrender of such a licence is void if it is without that written consent.


document_id: bsia-2015
provision_ref: s28A
chapter: PART 4A - CONTROL OF DESIGNATED ENTITIES
section: 28A
title: Extraterritorial application of this Part
content:
28A. —(1) Except where otherwise expressly provided, this Part applies to, and in relation to — ( a ) all individuals, whether resident in Singapore or not and whether citizens of Singapore or not; and ( b ) all bodies corporate or unincorporate, whether incorporated, formed, established, or carrying on business in Singapore or not. (2) Every person who, outside Singapore, commits an act or omission that, if committed in Singapore, would constitute an offence under this Part, is deemed to commit the act or omission in Singapore and may be proceeded against, charged, tried and punished accordingly. [Act 20 of 2024 wef 01/04/2025]


document_id: bsia-2015
provision_ref: s28B
chapter: PART 4A - CONTROL OF DESIGNATED ENTITIES
section: 28B
title: Interpretation of this Part
content:
28B. —(1) In this Part — “5% controller”, in relation to a designated entity, means a person who, alone or together with that person’s associates — ( a ) holds 5% or more, but less than 25%, of the total equity interests in that designated entity; or ( b ) is in a position to control 5% or more, but less than 25%, of the voting power in that designated entity; “25% controller”, in relation to a designated entity, means a person who, alone or together with that person’s associates — ( a ) holds 25% or more, but less than 50%, of the total equity interests in that designated entity; or ( b ) is in a position to control 25% or more, but less than 50%, of the voting power in that designated entity; “50% controller”, in relation to a designated entity, means a person who, alone or together with that person’s associates — ( a ) holds 50% or more, but less than 75%, of the total equity interests in that designated entity; or ( b ) is in a position to control 50% or more, but less than 75%, of the voting power in that designated entity; “75% controller”, in relation to a designated entity, means a person who, alone or together with that person’s associates — ( a ) holds 75% or more of the total equity interests in that designated entity; or ( b ) is in a position to control 75% or more of the voting power in that designated entity; “acquisition” includes an agreement to acquire, but does not include — ( a ) an acquisition by will or by operation of law; or ( b ) an acquisition by way of enforcement of a loan security; “arrangement” includes any formal or informal scheme, arrangement or understanding, and any trust whether express or implied; “chief executive officer”, in relation to a designated entity or the trustee-manager of a designated entity, means an individual (by whatever name called) who — ( a ) is in the direct employment of, or acting for or by arrangement with, the designated entity or trustee-manager, as the case may be; and ( b ) is principally responsible for the management and conduct of the designated entity or trustee-manager, as the case may be, and includes any individual for the time being performing all or any of the functions of a chief executive officer; “control” includes control as a result of, or by means of, any trust, agreement, arrangement, understanding or practice, whether or not having legal or equitable force and whether or not based on legal or equitable rights; “decrease”, in relation to the holding of equity interests, includes a decrease to a point of nil; “equity interest” — ( a ) in relation to a corporation — means a voting share in that corporation; ( b ) in relation to an entity other than a corporation — means any right or interest, whether legal or equitable, in that entity (by whatever name called) which gives the holder of that right or interest voting power in that entity; and ( c ) in relation to a business trust — means a unit in that business trust; “increase”, in relation to the holding of equity interests, includes an increase from a starting point of nil; “indirect controller”, in relation to a designated entity, means any person, whether acting alone or together with any other person, and whether with or without holding equity interests or controlling the voting power in the designated entity — ( a ) whose directions, instructions or wishes — (i) the directors or other officers of the designated entity; or (ii) the trustee-manager (in the case of a designated entity that is a business trust), is accustomed or under an obligation, whether formal or informal, to act in accordance with; or ( b ) who is in a position to determine the policy of the designated entity, but does not include — ( c ) any person who is — (i) a director or other officer of the designated entity; or (ii) the trustee‑manager (in the case of a designated entity that is a business trust); or ( d ) any person whose directions, instructions or wishes — (i) the directors or other officers of the designated entity; or (ii) the trustee-manager (in the case of a designated entity that is a business trust), is accustomed to act in accordance with by reason only that the acting is on advice given by the person in that person’s professional capacity; “liquidator” includes the Official Receiver when acting as the liquidator of a corporation; “officer”, in relation to a corporation, includes — ( a ) a director or secretary of, or a person employed in an executive capacity by, the corporation; ( b ) any receiver or manager, or any receiver and manager, of any part of the undertaking of the corporation, appointed under a power contained in any instrument or by the General Division of the High Court or by creditors; ( c ) any liquidator of the corporation appointed in a voluntary winding up or by the General Division of the High Court or by creditors; and ( d ) any judicial manager of the corporation appointed under Part 7 of the Insolvency, Restructuring and Dissolution Act 2018; “Official Receiver” has the meaning given by section 2(1) of the Insolvency, Restructuring and Dissolution Act 2018; “related corporation”, in relation to a corporation, means another corporation that is deemed under section 28D(2) to be related to that corporation; “share”, in relation to a corporation, means a share in the share capital of the corporation and includes stock into which all or any of the share capital of the corporation has been converted; “treasury share” has the meaning given by section 4(1) of the Companies Act 1967; “trustee‑manager” has the meaning given by section 2 of the Business Trusts Act 2004; “unit” has the meaning given by section 2 of the Business Trusts Act 2004; “unitholder” means a person who holds units in a business trust; “unregistered company” has the meaning given by section 245(1) of the Insolvency, Restructuring and Dissolution Act 2018; “voting share” has the meaning given by section 4(1) of the Companies Act 1967 but does not include a treasury share. (2) A reference in this Part to the control of a percentage of the voting power in a designated entity is to the control, whether direct or indirect, of that percentage of the total number of votes that might be cast in — ( a ) a general meeting of the designated entity; or ( b ) in the case of a designated entity that is a business trust — a general meeting of the unitholders of the business trust. (3) In ascertaining a person’s control of the percentage of the total number of votes that might be cast at a general meeting mentioned in subsection (2), the number of votes that the person is entitled to cast at the meeting by reason of having been appointed a proxy or representative to vote at the meeting is to be disregarded. (4) In this Part — ( a ) a reference to the chairperson of a board of directors includes an individual (by whatever name called) acting in that capacity; ( b ) a reference to the business or operations of an entity that is a business trust is to the business or operations (as the case may be) carried on by the trustee-manager of the business trust on behalf of the business trust; and ( c ) a reference to a condition imposed by the LTA includes a condition added or varied by the LTA. [Act 20 of 2024 wef 01/04/2025]


document_id: bsia-2015
provision_ref: s28C
chapter: PART 4A - CONTROL OF DESIGNATED ENTITIES
section: 28C
title: What holding an equity interest means
content:
28C. —(1) In this Part, a person holds an equity interest if the person — ( a ) has or is deemed to have an equity interest in accordance with subsections (2) to (8); or ( b ) otherwise has a legal or equitable interest in that equity interest, except for any interest prescribed under section 49 as an interest that is to be disregarded. (2) Subject to subsection (3), a person has an equity interest if the person has authority (whether formal or informal, or express or implied) to dispose of, or to exercise control over the disposal of, that equity interest. (3) It is immaterial that the authority of a person to dispose of, or to exercise control over the disposal of, the equity interest mentioned in subsection (2) is, or is capable of being made, subject to restraint or restriction. (4) It is immaterial, for the purposes of determining whether a person has an equity interest, that the interest cannot be related to a particular share, an interest or a right that gives its holder voting power, or a unit of a business trust, as the case may be. (5) A person is deemed to have an equity interest if — ( a ) any property held in trust consists of or includes the equity interest; and ( b ) the person knows, or has reasonable grounds for believing, that the person has an interest under that trust. (6) A person is also deemed to have an equity interest if that person — ( a ) has entered into a contract to purchase the equity interest; ( b ) has a right, otherwise than by reason of having an interest under a trust, to have the equity interest transferred to (or to the order of) that person, whether the right is exercisable presently or in the future and whether on the fulfilment of a condition or not; ( c ) has the right to acquire the equity interest under an option, whether the right is exercisable presently or in the future and whether on the fulfilment of a condition or not; or ( d ) is entitled (otherwise than by reason of having been appointed a proxy or representative) to vote at — (i) a general meeting of the designated entity; or (ii) in the case of a designated entity that is a business trust — a general meeting of the unitholders of the business trust, to exercise or control the exercise of a right attached to the equity interest, not being an equity interest in which that person has a legal or equitable interest. (7) A person is not to be deemed as not having an equity interest by reason only that the person has the equity interest jointly with another person. (8) An equity interest is not to be disregarded by reason only of — ( a ) its remoteness; ( b ) the manner in which it arose; or ( c ) the fact that the exercise of a right conferred by the equity interest is, or is capable of being made, subject to restraint or restriction. [Act 20 of 2024 wef 01/04/2025]


document_id: bsia-2015
provision_ref: s28D
chapter: PART 4A - CONTROL OF DESIGNATED ENTITIES
section: 28D
title: Meanings of “associate”, “related corporation”, “subsidiary” and “holding company”
content:
28D. —(1) In this Part, a person ( A ) is an associate of another person ( B ) if — ( a ) A is the spouse, or a parent, step-parent or remoter lineal ancestor, or a son, stepson, daughter, stepdaughter or remoter issue, or a brother or sister, of B ; ( b ) A is a partner of B in a partnership or limited liability partnership; ( c ) A is a corporation of which B is an officer; ( d ) B is a corporation of which A is an officer; ( e ) A and B are officers of the same corporation; ( f ) A is an employee of B ; ( g ) B is an employee of A ; ( h ) A and B are employees of the same employer; ( i ) A is the trustee of a discretionary trust where B (or another person who is an associate of B by virtue of any paragraph, except this paragraph and paragraphs ( j ) and ( r )) benefits, or is capable (whether by exercise of a power of appointment or otherwise) of benefitting, under the trust, either directly or through interposed entities or trusts; ( j ) B is the trustee of a discretionary trust where A (or another person who is an associate of A by virtue of any paragraph, except this paragraph and paragraphs ( i ) and ( r )) benefits, or is capable (whether by exercise of a power of appointment or otherwise) of benefitting, under the trust, either directly or through interposed entities or trusts; ( k ) A is a corporation whose directors are accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of B or, where B is a corporation, of the directors of B ; ( l ) B is a corporation whose directors are accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of A or, where A is a corporation, of the directors of A ; ( m ) A is a person who is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of B or, where B is a corporation, of the directors of B ; ( n ) B is a person who is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of A or, where A is a corporation, of the directors of A ; ( o ) A is a related corporation of B ; ( p ) A is a corporation in which B , alone or together with other associates of B as described in paragraphs ( b ) to ( o ), is in a position to control at least 20% of the voting power in A ; ( q ) B is a corporation in which A , alone or together with other associates of A as described in paragraphs ( b ) to ( o ), is in a position to control at least 20% of the voting power in B ; ( r ) A is a person with whom B enters, or proposes to enter, into an agreement or arrangement (whether oral or in writing and whether express or implied) that relates to any of the following matters: (i) A and B being in a position, by acting together, to control any of the voting power in a designated entity; (ii) A and B acting together with respect to the acquisition, holding or disposal of equity interests or other interests in a designated entity; (iii) the power of A and B , by acting together, to appoint or remove — (A) a director of a designated entity; or (B) in the case of a designated entity that is a business trust — a director of the trustee-manager of the business trust; (iv) the situation where one or more of the directors of — (A) a designated entity; or (B) in the case of a designated entity that is a business trust — the trustee-manager of the business trust, are accustomed or under an obligation (whether formal or informal) to act in accordance with the directions, instructions or wishes of A and B acting together; ( s ) A controls more than half of the voting power of a holding company of B ; ( t ) B controls more than half of the voting power of a holding company of A ; or ( u ) A is related to B in such other manner as may be prescribed by regulations made under section 49. (2) A corporation ( A ) and another corporation ( B ) are deemed to be related to each other for the purposes of this section where A is — ( a ) the holding company of B ; ( b ) a subsidiary of B ; or ( c ) a subsidiary of the holding company of B . (3) For the purposes of subsection (2), a corporation ( A ) is, subject to subsection (5), deemed to be a subsidiary of another corporation ( B ) if — ( a ) B controls the composition of the board of directors of A ; ( b ) B controls more than half of the voting power of A ; or ( c ) A is a subsidiary of any corporation which is B ’s subsidiary. (4) For the purposes of subsection (3), the composition of A ’s board of directors is deemed to be controlled by B if B , by the exercise of a power exercisable by it without the consent or concurrence of any other person, can appoint or remove all or a majority of the directors, and for the purposes of this provision, B is deemed to have power to make such an appointment if — ( a ) a person cannot be appointed as a director without the exercise in the person’s favour by B of such a power; or ( b ) a person’s appointment as a director follows necessarily from that person being a director or other officer of B . (5) In determining whether one corporation ( A ) is the subsidiary of another corporation ( B ) — ( a ) any shares held or power exercisable by B in a fiduciary capacity is treated as not held or exercisable by B ; ( b ) subject to paragraphs ( c ) and ( d ), any shares held or power exercisable — (i) by any person as a nominee for B (except if B is concerned only in a fiduciary capacity); or (ii) by, or by a nominee for, a subsidiary of B , not being a subsidiary which is concerned only in a fiduciary capacity, is to be treated as being held or exercisable by B ; ( c ) any shares held or power exercisable by any person by virtue of the provisions of any debentures of A , or of a trust deed for securing any issue of such debentures, is to be disregarded; and ( d ) any shares held or power exercisable by, or by a nominee for, B or its subsidiary (not being held or exercisable as mentioned in paragraph ( c )) is to be treated as not held or exercisable by B if the ordinary business of B or its subsidiary (as the case may be) includes the lending of money and the shares are so held or power is so exercisable by way of security only for the purposes of a transaction entered into in the ordinary course of that business. (6) A reference in this section to the holding company of a corporation is to a corporation of which the last mentioned corporation is a subsidiary. (7) For the purposes of this section, the Depository is not to be regarded as a holding company of a corporation by reason only of the shares it holds in that corporation as a bare trustee. (8) Regulations made under section 49 may provide that any person or class of persons are not associates of another person for the purposes of any provision of this Part. (9) In this section — “Depository” has the meaning given by section 81SF of the Securities and Futures Act 2001; “officer”, in relation to a corporation, means a director or secretary of, or any person employed in an executive capacity by, the corporation. [Act 20 of 2024 wef 01/04/2025]


document_id: bsia-2015
provision_ref: s28E
chapter: PART 4A - CONTROL OF DESIGNATED ENTITIES
section: 28E
title: Designation of designated operating entities and designated equity interest holders
content:
28E. —(1) The LTA may by notification in the Gazette — ( a ) designate an entity that provides any essential transport service in Singapore, or any business trust through which any essential transport service is provided in Singapore, as a designated operating entity; or ( b ) designate an entity that holds any equity interest in a designated operating entity as a designated equity interest holder, if the LTA considers that the designation is necessary in the public interest. (2) The LTA must inform the Minister of the LTA’s decision to designate an entity before publishing the notification under subsection (1) but the failure to do so does not invalidate the designation. (3) The notification under subsection (1) — ( a ) must specify the date on which the designation takes effect; and ( b ) must be published in the Gazette at least 14 days before the date that the designation takes effect. (4) The LTA may by notification in the Gazette cancel a designation at any time. [Act 20 of 2024 wef 01/04/2025] Division 2 &#x2014; Control of designated entities


document_id: bsia-2015
provision_ref: s28F
chapter: PART 4A - CONTROL OF DESIGNATED ENTITIES
section: 28F
title: Notice to LTA by 5% controller of designated entity
content:
28F. —(1) If a person becomes a 5% controller of a designated entity on or after the effective designation date as a result of an increase in the holding of equity interest, or in the voting power controlled, by that person or any associate of that person, that person must within 7 days after becoming the 5% controller give written notice to the LTA of that fact. (2) Any person who contravenes subsection (1) shall be guilty of an offence. (3) In any proceedings for a contravention of subsection (1), it is a defence for the accused to prove that the accused — ( a ) was not aware of the contravention when it occurred; and ( b ) notified the LTA of the contravention within a period of 14 days after becoming aware of the contravention. (4) In any proceedings for a contravention of subsection (1), it is also a defence for the accused to prove that, though the accused was aware of the contravention — ( a ) the contravention occurred as a result of an increase in the holding of equity interest, or in the voting power controlled, by any of the associates of the accused, in the designated entity; ( b ) the accused has no agreement or arrangement (whether oral or in writing and whether express or implied) with that associate with respect to the acquisition, holding or disposal of equity interests or other interests, or under which they act together in exercising their voting power, in relation to the designated entity; and ( c ) the accused notified the LTA of the contravention within a period of 7 days after the contravention. (5) Except as provided in subsections (3) and (4), it is not a defence in any proceedings for a contravention of subsection (1) to prove that the accused did not intend to or did not knowingly contravene subsection (1). [Act 20 of 2024 wef 01/04/2025]


document_id: bsia-2015
provision_ref: s28G
chapter: PART 4A - CONTROL OF DESIGNATED ENTITIES
section: 28G
title:
Approvals of LTA in relation to equity interests and control of voting power in designated entities in certain cases

content:
28G. —(1) Except with the prior written approval of the LTA, a person must not — ( a ) as a result of an increase in the holding of equity interest, or in the voting power controlled, by that person or any associate of that person, become a 25% controller, 50% controller or 75% controller of a designated entity on or after the effective designation date; or ( b ) as a result of a decrease in the holding of equity interest, or in the voting power controlled, by that person or any associate of that person, cease to be a 25% controller, 50% controller or 75% controller of a designated entity on or after the effective designation date. (2) Subsection (1) does not apply if the transaction through which a person becomes a 25% controller, 50% controller or 75% controller, or ceases to be a 25% controller, 50% controller or 75% controller, is entered into before the effective designation date. (3) A person must not become an indirect controller of a designated entity on or after the effective designation date unless the person has obtained the prior written approval of the LTA. (4) The LTA may approve an application under subsection (1)( a ) or (3) if the LTA is satisfied that — ( a ) the person who is to become a 25% controller, 50% controller, 75% controller or indirect controller of a designated entity and every associate of that person known to the LTA, are fit and proper persons; ( b ) the essential transport services provided by the following (whichever is applicable) will continue to be safe, reliable and efficient: (i) the designated operating entity of which the person is to become a 25% controller, 50% controller, 75% controller or indirect controller; (ii) the trustee‑manager of the designated operating entity of which the person is to become a 25% controller, 50% controller, 75% controller or indirect controller; (iii) in the case where the person is to become a 25% controller, 50% controller, 75% controller or indirect controller of a designated equity interest holder — the designated operating entity, or the trustee-manager of the designated operating entity, in relation to which the designated equity interest holder is so designated; ( c ) having regard to the influence of the person mentioned in paragraph ( a ) and every associate of that person known to the LTA, the following requirements are met: (i) if the designated entity is a designated operating entity — the designated operating entity or, if the designated operating entity is a business trust, its trustee-manager, will continue to conduct the business of the designated operating entity prudently and comply with the provisions of this Act; (ii) if the designated entity is a designated equity interest holder — (A) the designated operating entity in respect of which the designated equity interest holder is so designated or, if the designated operating entity is a business trust, its trustee-manager, will continue to conduct the business of the designated operating entity prudently and comply with the provisions of this Act; and (B) the designated equity interest holder or, if the designated equity interest holder is a business trust, its trustee-manager, will continue to comply with the provisions of this Act; and ( d ) it is in the public interest to do so. (5) The LTA may approve an application under subsection (1)( b ) if the LTA is satisfied that — ( a ) the essential transport services provided by the following (whichever is applicable) will continue to be safe, reliable and efficient: (i) the designated operating entity of which the person is a 25% controller, 50% controller or 75% controller; (ii) the trustee‑manager of the designated operating entity of which the person is a 25% controller, 50% controller or 75% controller; (iii) in the case where the person is a 25% controller, 50% controller or 75% controller of a designated equity interest holder — the designated operating entity, or the trustee-manager of the designated operating entity, in relation to which the designated equity interest holder is so designated; ( b ) in the case where the person is a 25% controller, 50% controller or 75% controller of a designated operating entity — the designated operating entity or, if the designated operating entity is a business trust, its trustee-manager, will continue to conduct the business of the designated operating entity prudently and comply with the provisions of this Act; ( c ) in the case where the person is a 25% controller, 50% controller or 75% controller of a designated equity interest holder — (i) the designated operating entity in respect of which the designated equity interest holder is so designated or, if the designated operating entity is a business trust, its trustee-manager, will continue to conduct the business of the designated operating entity prudently and comply with the provisions of this Act; and (ii) the designated equity interest holder or, if the designated equity interest holder is a business trust, its trustee-manager, will continue to comply with the provisions of this Act; and ( d ) it is in the public interest to do so. (6) The LTA may — ( a ) grant an approval under this section subject to any conditions that the LTA considers appropriate to impose; and ( b ) at any time add to, vary or revoke any condition so imposed. (7) Any condition imposed by the LTA under subsection (6) has effect despite the provisions of any other written law or anything contained in the memorandum or articles of association, limited liability partnership agreement, partnership contract, trust deed or other constitution of the designated entity in relation to which the application for approval under subsection (1) or (3) is made. (8) Any person who contravenes subsection (1) or (3), or who fails to comply with any condition imposed under subsection (6), shall be guilty of an offence. (9) In any proceedings for a contravention of subsection (1), it is a defence for the accused to prove that — ( a ) the accused was not aware of the contravention when it occurred; ( b ) the accused notified the LTA of the contravention within a period of 14 days after becoming aware of the contravention; and ( c ) if the LTA issued any direction under section 28M relating to the contravention — (i) the accused complied with the direction within the period determined by the LTA under that section; or (ii) the period determined by the LTA under that section for compliance with the direction has not expired. (10) In any proceedings for a contravention of subsection (1), it is also a defence for the accused to prove that even though the accused was aware of the contravention — ( a ) the contravention occurred as a result of an increase or a decrease in the holding of equity interest, or in the voting power controlled, by any of the associates of the accused, in the designated entity; ( b ) the accused has no agreement or arrangement (whether oral or in writing and whether express or implied) with that associate with respect to the acquisition, holding or disposal of equity interests or other interests, or under which they act together in exercising their voting power, in relation to the designated entity; ( c ) the accused notified the LTA of the contravention within a period of 7 days after the contravention or breach; and ( d ) if the LTA issued any direction under section 28M relating to the contravention — (i) the accused complied with the direction within the period determined by the LTA under that section; or (ii) the period determined by the LTA under that section for compliance with the direction has not expired. (11) In any proceedings for a contravention of subsection (3), it is a defence for the accused to prove that — ( a ) the accused was not aware of the contravention when it occurred; ( b ) the accused notified the LTA of the contravention within a period of 14 days after the contravention; and ( c ) if the LTA issued any direction under section 28M relating to the contravention — (i) the accused complied with the direction within the period determined by the LTA under that section; or (ii) the period determined by the LTA under that section for compliance with the direction has not expired. (12) Except as provided in subsections (9), (10) and (11), it is not a defence in any proceedings for a contravention of subsection (1) or (3) to prove that the accused did not intend to or did not knowingly contravene subsection (1) or (3). [Act 20 of 2024 wef 01/04/2025]


document_id: bsia-2015
provision_ref: s28H
chapter: PART 4A - CONTROL OF DESIGNATED ENTITIES
section: 28H
title:
Appointment and removal of chief executive officer, chairperson, director, etc., of designated entity

content:
28H. —(1) A licensee-designated operating entity must not, on or after the effective designation date, appoint or remove an individual as its chief executive officer, the chairperson of its board of directors or any of its directors, unless the licensee-designated operating entity has obtained the prior written approval of the LTA. (2) Each of the following persons must not, on or after the effective designation date, appoint or remove an individual as its chief executive officer or the chairperson of its board of directors unless the person has obtained the prior written approval of the LTA: ( a ) a non-licensee-designated operating entity or, in the case of a non-licensee-designated operating entity that is a business trust, its trustee-manager; ( b ) a designated equity interest holder or, in the case of a designated equity interest holder that is a business trust, its trustee-manager. (3) A person must not, on or after the effective designation date, be appointed as a manager of, or become a partner in, a limited liability partnership that is a designated entity unless the designated entity has obtained the prior written approval of the LTA. (4) A person must not, on or after the effective designation date, become a partner in a partnership that is a designated entity unless the person has obtained the prior written approval of the LTA. (5) The LTA may — ( a ) grant an approval under this section subject to any conditions that the LTA considers appropriate to impose; and ( b ) at any time add to, vary or revoke any condition so imposed. (6) Any person who contravenes subsection (1), (2), (3) or (4), or who fails to comply with any condition imposed under subsection (5), shall be guilty of an offence. (7) This section has effect despite the provisions of any other written law or anything contained in the memorandum or articles of association, limited liability partnership agreement, partnership contract, trust deed or other constitution, of the designated entity or the trustee-manager of the designated entity in relation to which the application for approval under subsection (1), (2), (3) or (4) is made. (8) In this section — ( a ) a reference to a “licensee-designated operating entity” is to a designated operating entity that is also — (i) a bus operator holding a Class 1 bus service licence; or (ii) a licensee holding a bus depot licence or bus interchange licence; and ( b ) a reference to a “non-licensee-designated operating entity” is to a designated operating entity that is not a licensee-designated operating entity. [Act 20 of 2024 wef 01/04/2025]


document_id: bsia-2015
provision_ref: s28I
chapter: PART 4A - CONTROL OF DESIGNATED ENTITIES
section: 28I
title: Acquisition of business of designated operating entity as going concern
content:
28I. —(1) A person must not, on or after the effective designation date, acquire as a going concern, a designated operating entity’s business of providing any essential transport service (or any part of such business) unless — ( a ) the person; and ( b ) the designated operating entity or, if the designated operating entity is a business trust, its trustee-manager, have obtained the prior written approval of the LTA. (2) An application for the LTA’s approval under subsection (1) must be — ( a ) made jointly by the persons mentioned in subsection (1)( a ) and ( b ); and ( b ) made in such form and manner as the LTA may specify. (3) The LTA may approve an application under subsection (1) if the LTA is satisfied that — ( a ) the person acquiring the business or part is a fit and proper person; ( b ) after the acquisition, the essential transport service mentioned in subsection (1) will continue to be safe, reliable and efficient; ( c ) in the case where after the acquisition, the designated operating entity continues to carry out part of the business mentioned in subsection (1) — the designated operating entity or, if the designated operating entity is a business trust, its trustee-manager, will continue to conduct the business of the designated operating entity prudently and comply with the provisions of this Act; and ( d ) it is in the public interest to do so. (4) The LTA may — ( a ) grant an approval under this section subject to any conditions that the LTA considers appropriate to impose; and ( b ) at any time add to, vary or revoke any condition so imposed. (5) This section has effect despite the provisions of any other written law or anything contained in the memorandum or articles of association, limited liability partnership agreement, partnership contract, trust deed or other constitution, of the designated operating entity. (6) Any person who contravenes subsection (1), or who fails to comply with any condition imposed under subsection (4), shall be guilty of an offence. [Act 20 of 2024 wef 01/04/2025]


document_id: bsia-2015
provision_ref: s28J
chapter: PART 4A - CONTROL OF DESIGNATED ENTITIES
section: 28J
title: Occurrence of certain events
content:
28J. —(1) A designated entity or, in the case of a designated entity that is a business trust, its trustee-manager, must notify the LTA of any of the following agreements at least 14 days before entering into the agreement: ( a ) in the case of a designated entity that is a designated operating entity — an agreement for the outsourcing of a material function performed by the designated operating entity in the provision of any essential transport service; ( b ) any agreement prescribed under section 49. (2) Subsection (1) does not apply in relation to any agreement entered into before the expiry of 14 days after the effective designation date. (3) A designated entity or, in the case of a designated entity that is a business trust, its trustee-manager, must notify the LTA of the occurrence of any of the following events within 7 days after becoming aware of the occurrence: ( a ) in the case of a designated entity that is a designated operating entity — (i) any civil or criminal proceedings (whether in Singapore or elsewhere) instituted against the designated entity or, if the designated entity is a business trust, its trustee-manager, that materially impedes or impairs the operations of the designated entity carried out in the course of providing any essential transport service; or (ii) any other event or any irregularity that materially impedes or impairs the operations of the designated entity carried out in the course of providing any essential transport service; ( b ) the designated entity or, if the designated entity is a business trust, its trustee-manager, being or becoming, or being likely to become, insolvent; ( c ) the designated entity or, if the designated entity is a business trust, its trustee-manager — (i) being wound up or subject to any receivership or judicial management order; or (ii) entering into a compromise or scheme of arrangement; ( d ) in the case of a designated entity that is a business trust — the business trust being wound up or deregistered or the making of an application for the deregistration of the business trust; ( e ) any other event prescribed under section 49. (4) Subsection (3) does not apply where the designated entity or trustee-manager (as the case may be) becomes aware of the occurrence of the event before the effective designation date. (5) The LTA may, upon receiving a notification under subsection (1) or (3) in relation to an agreement or the occurrence of an event, direct the designated entity or trustee-manager in question to submit to the LTA any information or document relating to the agreement or event within the period specified by the LTA. (6) A person who — ( a ) contravenes subsection (1) or (3); ( b ) fails to comply with a direction of the LTA under subsection (5); or ( c ) submits any false or misleading information or document in compliance or purported compliance with a direction of the LTA under subsection (5), shall be guilty of an offence. [Act 20 of 2024 wef 01/04/2025]


document_id: bsia-2015
provision_ref: s28K
chapter: PART 4A - CONTROL OF DESIGNATED ENTITIES
section: 28K
title:
Duty of designated entity or trustee-manager to report changes of equity and control of certain persons

content:
28K. —(1) If a designated entity or, in the case of a designated entity that is a business trust, its trustee-manager, becomes aware that — ( a ) a person has, on or after the effective designation date, become a 5% controller, 25% controller, 50% controller or 75% controller of the designated entity; ( b ) a 25% controller, 50% controller or 75% controller of the designated entity has, on or after the effective designation date, ceased to be a 25% controller, 50% controller or 75% controller (as the case may be) of the designated entity; ( c ) a person has, on or after the effective designation date, become an indirect controller of the designated entity; or ( d ) in a case where the designated entity is a designated operating entity — a person has, on or after the effective designation date, acquired as a going concern, the designated operating entity’s business of providing any essential transport service (or any part of such business), the designated entity or trustee-manager (as the case may be) must inform the LTA in writing within 7 days after becoming aware of that fact. (2) Any person who contravenes subsection (1) shall be guilty of an offence. [Act 20 of 2024 wef 01/04/2025]


document_id: bsia-2015
provision_ref: s28L
chapter: PART 4A - CONTROL OF DESIGNATED ENTITIES
section: 28L
title: Restrictions on voluntary winding up, etc., of designated operating entities
content:
28L. —(1) Despite any other written law — ( a ) a designated operating entity that is a corporation or limited liability partnership cannot be wound up voluntarily without the consent of the LTA; ( b ) a designated operating entity that is a partnership cannot be dissolved — (i) by a partner giving notice to the other partner or partners (as the case may be) of the partner’s intention to dissolve the partnership; or (ii) by the partners agreeing to dissolve the partnership, without the consent of the LTA; ( c ) a designated operating entity that is a business trust cannot be wound up voluntarily without the consent of the LTA; ( d ) a person must not make any application under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to a designated operating entity that is a corporation, unless that person has served 14 days’ notice in writing of that person’s intention to make that application on the LTA; ( e ) no judicial management order under Part 7 of the Insolvency, Restructuring and Dissolution Act 2018 may be made in relation to a designated operating entity that is a corporation without the consent of the LTA; ( f ) no interim judicial manager or judicial manager may be appointed under section 94 of the Insolvency, Restructuring and Dissolution Act 2018 in respect of a designated operating entity that is a corporation without the consent of the LTA; ( g ) a person must not take any step to enforce any security over — (i) the property of a designated operating entity; or (ii) in the case of a designated operating entity that is a business trust — the trust property of the trust, unless that person has served 14 days’ notice in writing of that person’s intention to take that step on the LTA; and ( h ) a person must not take any step to execute or enforce any judgment or order of court obtained against a designated operating entity unless that person has served 14 days’ notice in writing of that person’s intention to take that step on the LTA. (2) The LTA must be a party to — ( a ) any proceedings relating to the making of an order under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to a designated operating entity that is a corporation; ( b ) any proceedings relating to the making of a judicial management order under Part 7 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to a designated operating entity that is a corporation; ( c ) any proceedings under the Insolvency, Restructuring and Dissolution Act 2018 relating to the winding up of the affairs of a designated operating entity that is a company or an unregistered company; ( d ) any proceedings under the Limited Liability Partnerships Act 2005 relating to the winding up of the affairs of a designated operating entity that is a limited liability partnership; and ( e ) any proceedings before any court for the dissolution, winding up or termination (as the case may be) of any designated operating entity that is an entity not mentioned in paragraph ( c ) or ( d ). (3) A court must, when deciding any proceedings mentioned in subsection (2), take into consideration any representations made by the LTA in those proceedings. [Act 20 of 2024 wef 01/04/2025] Division 3 &#x2014; Remedial directions


document_id: bsia-2015
provision_ref: s28M
chapter: PART 4A - CONTROL OF DESIGNATED ENTITIES
section: 28M
title: Remedial directions relating to section 28G
content:
28M. —(1) Subsection (2), (3) or (4) applies if — ( a ) the LTA is satisfied that a person (called in this section a defaulter) — (i) has contravened section 28G(1) or (3) or failed to comply with a condition imposed on that person under section 28G(6); or (ii) has provided false or misleading information or documents in connection with an application for approval under section 28G(1) or (3); or ( b ) the LTA would not have granted its approval under section 28G(1) or (3) had it been aware, at the time of approval, of circumstances relevant to a defaulter’s application for such approval. (2) Where the defaulter is a 25% controller, 50% controller or 75% controller of the designated entity, the LTA may do any one or more of the following: ( a ) direct the defaulter to take such steps as are necessary, within the period specified by the LTA, to cease to be a 25% controller, 50% controller or 75% controller (as the case may be) of the designated entity; ( b ) direct the transfer or disposal of all or any of the equity interests in the designated entity held by the defaulter or any of the defaulter’s associates (called in this section and section 28N the section 28M(2) equity interests), within such time and subject to such conditions as the LTA considers appropriate; ( c ) restrict or prohibit the transfer or disposal of all or any of the section 28M(2) equity interests, subject to any conditions that the LTA considers appropriate; ( d ) make any other direction that the LTA considers appropriate. (3) Where, as a result of a person (called in this subsection the transferee) acquiring any equity interests from the defaulter who is a 25% controller, 50% controller or 75% controller of the designated entity (called in this section and section 28N the section 28M(3) equity interests), the defaulter ceases to be a 25% controller, 50% controller or 75% controller (as the case may be) of the designated entity, the LTA may do one or more of the following: ( a ) direct the transferee to take such steps as are necessary, within the period specified by the LTA, to cease to hold all or any of the section 28M(3) equity interests; ( b ) direct the defaulter to take such steps as are necessary within the period specified by the LTA, to resume being a 25% controller, 50% controller or 75% controller (as the case may be) of the designated entity; ( c ) direct the acquisition, transfer or disposal of all or any of the section 28M(3) equity interests within such time and subject to such conditions as the LTA considers appropriate; ( d ) restrict or prohibit the transfer or disposal of all or any of the section 28M(3) equity interests, subject to any conditions that the LTA considers appropriate; ( e ) make any other direction that the LTA considers appropriate. (4) Where the defaulter is an indirect controller of the designated entity, the LTA may do one or both of the following: ( a ) direct the defaulter, or direct the designated entity or, if the designated entity is a business trust, its trustee-manager, to take such steps as are necessary, within the period specified by the LTA, to cease to be such an indirect controller or to cause the defaulter to cease to be such an indirect controller; ( b ) make any other direction that the LTA considers appropriate. [Act 20 of 2024 wef 01/04/2025]


document_id: bsia-2015
provision_ref: s28N
chapter: PART 4A - CONTROL OF DESIGNATED ENTITIES
section: 28N
title: Effect of remedial directions issued under section 28M, etc.
content:
28N. —(1) Any direction issued to a person, and any condition imposed, under section 28M(2) or (3) take effect despite — ( a ) any other written law; ( b ) anything in any listing rules as defined in section 2(1) of the Securities and Futures Act 2001; and ( c ) the provisions of the memorandum or articles of association, limited liability partnership agreement, partnership contract, trust deed or other constitution of the designated entity in question. (2) Without affecting subsection (1), where any direction is issued under section 28M(2) or (3), then, until the direction is carried out or is suspended or revoked — ( a ) the voting rights in respect of the section 28M(2) equity interests or section 28M(3) equity interests that are subject to the direction are not exercisable, unless the LTA expressly permits those rights to be exercised; ( b ) the voting power that the person to whom the direction is issued controls, whether alone or together with that person’s associates, in the designated entity is not exercisable, unless the LTA expressly permits that power to be exercised; ( c ) no equity interest in the designated entity is to be issued or offered (whether by way of dividends or otherwise) in respect of the section 28M(2) equity interests or section 28M(3) equity interests that are subject to the direction, unless the LTA expressly permits that issue or offer; and ( d ) no amount may be paid (whether by way of profits, income or otherwise) in respect of the section 28M(2) equity interests or section 28M(3) equity interests that are subject to the direction, unless the LTA expressly authorises such payment. (3) Subsection (2)( d ) does not apply in the event of the winding up, dissolution, termination or deregistration of the designated entity. [Act 20 of 2024 wef 01/04/2025]


document_id: bsia-2015
provision_ref: s28O
chapter: PART 4A - CONTROL OF DESIGNATED ENTITIES
section: 28O
title: Remedial directions relating to section 28H
content:
28O. —(1) Subsection (2) applies where — ( a ) an individual has been appointed or removed in contravention of section 28H(1) or (2), or a person has been appointed a manager of or becomes a partner in a designated entity in contravention of section 28H(3) or (4); ( b ) any condition of approval imposed under section 28H(5) has not been complied with; ( c ) any of the following persons has provided false or misleading information or documents to the LTA in connection with an application for approval under section 28H(1), (2), (3) or (4): (i) a designated entity; (ii) the trustee-manager of a designated entity; (iii) the person mentioned in section 28H(4); or ( d ) the LTA would not have granted its approval under section 28H(1), (2), (3) or (4) had it been aware, at the time of approval, of circumstances relevant to a person’s application for such approval. (2) The LTA may issue a direction to the designated entity or trustee-manager in question (as the case may be) to do as follows (whichever is applicable): ( a ) remove the individual as the chief executive officer, the chairperson of the board of directors or a director of the designated entity or trustee-manager, as the case may be; ( b ) reinstate the individual as the chief executive officer, the chairperson of the board of directors or a director of the designated entity or trustee-manager, as the case may be; ( c ) remove the person as a manager of or partner in the designated entity. (3) A direction issued under this section (including a direction varied under section 28Q(2)) has effect despite the provisions of any other written law or anything contained in the memorandum or articles of association, limited liability partnership agreement, partnership contract, trust deed or other constitution, of the designated entity or trustee-manager in question. (4) Nothing in subsection (2) is to be taken as depriving a person who is removed under that subsection of compensation or damages payable to the person in respect of the termination of his or her appointment as the chief executive officer, the chairperson of the board of directors, a director, or the person’s removal as a manager or partner. [Act 20 of 2024 wef 01/04/2025]


document_id: bsia-2015
provision_ref: s28P
chapter: PART 4A - CONTROL OF DESIGNATED ENTITIES
section: 28P
title: Remedial directions relating to section 28I
content:
28P. —(1) Subsection (2) applies where — ( a ) a person has contravened section 28I(1); or ( b ) where the LTA has granted its approval under section 28I(1) — (i) any condition of approval imposed under section 28I(4) has not been complied with; (ii) either of the joint applicants mentioned in section 28I(1)( a ) or ( b ) has provided false or misleading information or documents to the LTA in connection with the application for the approval; or (iii) the LTA would not have granted its approval under section 28I(1) had it been aware, at the time of approval, of circumstances relevant to the application for such approval. (2) The LTA may — ( a ) direct the person who has acquired as a going concern the business or part of the business mentioned in section 28I(1) to transfer or dispose of all or any part of the business within such time and subject to such conditions as the LTA considers appropriate; ( b ) prohibit or restrict the transfer or disposal of all or any part of the business; or ( c ) issue any other direction that the LTA considers appropriate. (3) A direction issued under this section (including a direction varied under section 28Q(2)) has effect despite the provisions of any other written law or anything contained in the memorandum or articles of association, limited liability partnership agreement, partnership contract, trust deed or other constitution, of the designated operating entity in question. [Act 20 of 2024 wef 01/04/2025]


document_id: bsia-2015
provision_ref: s28Q
chapter: PART 4A - CONTROL OF DESIGNATED ENTITIES
section: 28Q
title: Other provisions relating to remedial directions
content:
28Q. —(1) Before issuing any direction to a person under section 28M, 28O or 28P, the LTA must — ( a ) unless the LTA decides that it is not practicable or desirable to do so, give the person written notice of the LTA’s intention to issue the direction and specify a date by which the person may make written representations with regard to the direction; and ( b ) consider every written representation from the person received on or before the specified date mentioned in paragraph ( a ). (2) The LTA may, at any time, revoke, vary or discharge, or suspend the operation of, any direction given by it under section 28M, 28O or 28P. (3) A person who fails to comply with a direction issued by the LTA under section 28M, 28O or 28P (including a direction that is varied under subsection (2)) within the period specified by the LTA shall be guilty of an offence. [Act 20 of 2024 wef 01/04/2025] Division 4 &#x2014; Penalties


document_id: bsia-2015
provision_ref: s28R
chapter: PART 4A - CONTROL OF DESIGNATED ENTITIES
section: 28R
title: Penalties under this Part
content:
28R. A person guilty of an offence under this Part shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction. [Act 20 of 2024 wef 01/04/2025]


document_id: bsia-2015
provision_ref: s29
chapter: PART 5 - STEP-IN ARRANGEMENTS
section: 29
title: Application of this Part
content:
29. This Part applies only in relation to the following (called in this Part the relevant licensee): ( a ) a bus operator holding a Class 1 bus service licence; ( b ) a licensee holding a bus depot licence or a bus interchange licence.


document_id: bsia-2015
provision_ref: s30
chapter: PART 5 - STEP-IN ARRANGEMENTS
section: 30
title: Step-in order
content:
30. —(1) The Minister may make an order under this section (called a step‑in order) if — ( a ) the licence of a relevant licensee is suspended, revoked or surrendered; or ( b ) the public bus services contract to which a relevant licensee is party is terminated or suspended, and on receipt of the written advice from the LTA of its opinion that it is necessary to take over some or all of the operations of the relevant licensee to ensure that the relevant licensee’s customers receive an adequate provision of those services. (2) Before a step-in order is made under this section, the Minister must give the relevant licensee concerned a reasonable opportunity to make submissions in respect of the proposed step-in order. (3) A step-in order — ( a ) authorises the LTA to directly take over, or to enter into an interim services contract with a step-in operator to take over, the operations of the relevant licensee concerned, or a specified part of those operations; ( b ) may appoint, or order the relevant licensee concerned to appoint, a person to advise the relevant licensee in the proper conduct of its business; ( c ) may specify that — (i) the step-in operator has such functions and powers in relation to the operations of the relevant licensee concerned as are specified in the order; (ii) the relevant licensee concerned is to stop operating a bus depot or bus interchange for, or providing regular route services to, specified customers on and from a specified date; and (iii) the step-in operator must have access to, and take control of, the buses or premises or other assets and other property, including intellectual property, licences and employees, used or required by the relevant licensee for the purposes of carrying on the operations specified in the order; and ( d ) may contain ancillary directions that may — (i) direct how the costs of carrying on the bus operations or bus depot or bus interchange operations (as the case may be), and revenue generated from those operations, are to be dealt with; (ii) fix the remuneration and expenses to be paid by a relevant licensee to any person appointed by the Minister under paragraph ( b ) to advise the relevant licensee in the proper conduct of its business; (iii) specify the period for which the step-in order under subsection (1) applies; and (iv) specify any other conditions that may apply. (4) Any decision of the Minister under subsection (1) is final. (5) A step-in order operates to the exclusion of rights that are inconsistent with the step-in order. (6) The relevant licensee concerned — ( a ) must facilitate the handover of the operations to the step‑in operator as specified in the order; ( b ) must not obstruct the step-in operator’s access to property or the exercise by the step‑in operator of the step‑in operator’s responsibilities under this section; and ( c ) must comply with reasonable directions given by the step‑in operator in the exercise of the step‑in operator’s responsibilities under this section. (7) The relevant licensee which fails to comply with subsection (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction.


document_id: bsia-2015
provision_ref: s31
chapter: PART 5 - STEP-IN ARRANGEMENTS
section: 31
title: Other provisions in step-in arrangements
content:
31. —(1) Without affecting section 30(3), where financial assistance is provided by the Government to a relevant licensee for the purpose of maintaining the reliability of the supply of services by the relevant licensee, a step-in order may do one or more of the following: ( a ) in relation to all or any securities of a specified description that have been issued by the relevant licensee, make provision for or in connection with or in consequence of the transfer of shares or securities in the relevant licensee to any of the prescribed transferees, including the extinguishment of rights of any specified description to subscribe for, or otherwise acquire, securities of the operator concerned or any of its subsidiaries; and ( b ) make provision for or in connection with or in consequence of the transfer of property, rights or liabilities of the relevant licensee to any of the prescribed transferees. (2) A step-in order as described in subsection (1)( a ) or ( b ) may contain any of the particular kinds of provisions as may be prescribed by the Minister by rules in the Gazette . (3) If a step‑in order as described in subsection (1)( a ) or ( b ) is made, the Minister must, within 3 months after the making of the step‑in order, by notification in the Gazette , establish a scheme for determining the amount of any compensation payable by the relevant prescribed transferee — ( a ) to persons who held the shares or securities immediately before they were so transferred; ( b ) to persons whose rights of any specified description to subscribe for, or otherwise acquire, securities are extinguished; or ( c ) to the operator whose property, rights or liabilities have been transferred, as the case may be. (4) Any scheme established under subsection (3) may make provision — ( a ) for the manner in which any compensation or consideration is to be assessed, including the methods of calculation, valuation dates and matters to be taken into, or left out of, account in making valuations; and ( b ) for the assessment to be made by an independent valuer appointed by the Minister and as to the remuneration and expenses of that independent valuer. (5) In subsection (1), “prescribed transferee” means — ( a ) the LTA; ( b ) a company that is wholly‑owned by the Government; or ( c ) a nominee of the LTA.


document_id: bsia-2015
provision_ref: s32
chapter: PART 5 - STEP-IN ARRANGEMENTS
section: 32
title: Interim services contracts
content:
32. —(1) The LTA may enter into an interim services contract with any person if the LTA is satisfied that the contract is necessary to ensure the continuity of any regular route services or the operation of a bus depot or bus interchange for the time being discontinued — ( a ) to ensure the continuity of regular route services or the operation of a bus depot or bus interchange in an interim period; or ( b ) to provide regular route services or the operation of a bus depot or bus interchange temporarily, in place of regular route services or the operation of a bus depot or bus interchange by a relevant licensee because of the suspension or revocation of the relevant licensee’s licence or the termination of the relevant licensee’s public bus services contract. (2) The LTA may invite offers from the public, in any way the LTA considers appropriate, for an interim services contract, except that the LTA may enter into an interim services contract without inviting offers for the contract if the LTA is satisfied that the contract is necessary as a matter of urgency. (3) An interim services contract is for a term of — ( a ) not more than 12 months as decided by the LTA if the LTA entered into the interim services contract without inviting offers for the contract; or ( b ) not more than 2 years as decided by the LTA in any other case.


document_id: bsia-2015
provision_ref: s33
chapter: PART 5 - STEP-IN ARRANGEMENTS
section: 33
title: Rules and saving for step-in arrangements
content:
33. —(1) The Minister may, by rules in the Gazette , give effect to this Part, including making provision for applying, omitting or modifying the provisions of Parts 7 and 9 of the Insolvency, Restructuring and Dissolution Act 2018 where a step‑in order is made. [40/2018] [Act 31 of 2022 wef 01/11/2022] (2) Nothing effected or to be effected by this Part or done under this Part — ( a ) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; ( b ) is to be regarded as placing any person in breach of, or as constituting a default under, any Act or other law or obligation or any provision in any agreement, arrangement or understanding including, but not limited to, any provision or obligation prohibiting, restricting or regulating the assignment, transfer, sale or disposal of any property or the disclosure of any information; ( c ) is to be regarded as fulfilling any condition that allows a person to exercise a power, right or remedy in respect of or to terminate any agreement or obligation; ( d ) is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any relevant property; ( e ) is to be regarded as causing any contract or instrument to be void or otherwise unenforceable, or as frustrating any contract; or ( f ) releases any surety or other obligor wholly or in part from any obligation.


document_id: bsia-2015
provision_ref: s33A
chapter: PART 5A - SPECIAL ADMINISTRATION ORDERS
section: 33A
title: Interpretation of this Part
content:
33A. —(1) In this Part — “unit” has the meaning given by section 2 of the Business Trusts Act 2004; “unitholder” means a person who holds units in a business trust; “unregistered company” has the meaning given by section 245(1) of the Insolvency, Restructuring and Dissolution Act 2018. (2) In this Part — ( a ) a reference to the affairs, business, undertaking, operations or activities of a designated operating entity that is a business trust is to the affairs, business, undertaking, operations or activities (as the case may be) carried on by the trustee-manager of the business trust on behalf of the business trust; and ( b ) a reference to the obligations of a designated operating entity that is a business trust is to the obligations undertaken by the trustee-manager of the business trust on behalf of the business trust. [Act 20 of 2024 wef 01/04/2025]


document_id: bsia-2015
provision_ref: s33B
chapter: PART 5A - SPECIAL ADMINISTRATION ORDERS
section: 33B
title: Non-application of this Part to designated operating entities that are licensees
content:
33B. This Part does not apply to or in relation to any designated operating entity that is also — ( a ) a bus operator holding a Class 1 bus service licence; or ( b ) a licensee holding a bus depot licence or bus interchange licence. [Act 20 of 2024 wef 01/04/2025]


document_id: bsia-2015
provision_ref: s33C
chapter: PART 5A - SPECIAL ADMINISTRATION ORDERS
section: 33C
title: Meaning and purposes of special administration order
content:
33C. —(1) A special administration order is an order of the Minister made in relation to a designated operating entity on or after the effective designation date and in accordance with section 33D, directing that during the period the order is in force, the affairs, business and property of that entity are to be managed by a person appointed by the Minister which may be the LTA (called in this Part an appointed person) — ( a ) for securing one or more of the purposes specified in subsection (2); and ( b ) in a manner that protects the interests of the shareholders, unitholders or beneficiaries (as the case may be), and the customers and creditors, of the entity. (2) For the purposes of subsection (1)( a ), the purposes are — ( a ) the security and reliability of the business, undertaking or activities of the designated operating entity in Singapore relating to the entity’s provision of any essential transport service; ( b ) the survival of the designated operating entity or the whole or any part of the business or undertaking of the entity, as a going concern; ( c ) the transfer to another person, or (as respects different parts of its business or undertaking) to 2 or more different persons, as a going concern, of so much of the business or undertaking of the designated operating entity as is necessary to ensure that the obligations of the entity in relation to its business, undertaking or activities of providing any essential transport service may be properly carried out; and ( d ) the carrying out of the obligations of the designated operating entity mentioned in paragraph ( c ) pending the transfer, as a going concern, of the entity’s business or undertaking mentioned in that paragraph to any other person or persons. [Act 20 of 2024 wef 01/04/2025]


document_id: bsia-2015
provision_ref: s33D
chapter: PART 5A - SPECIAL ADMINISTRATION ORDERS
section: 33D
title: Power to make special administration order and other orders
content:
33D. —(1) If, on an application made to the Minister by the LTA, the Minister is satisfied that any one or more of the grounds specified in subsection (2) are satisfied in relation to a designated operating entity, the Minister may make any one or more of the following orders: ( a ) a special administration order in relation to the designated operating entity; ( b ) an order requiring — (i) the designated operating entity; or (ii) in the case of a designated operating entity that is a business trust — the trustee-manager of the business trust, to immediately take any action or to do or not do any act or thing where the Minister considers that the action or the doing or not doing of the act or thing is necessary for the business, undertaking or activities of the designated operating entity of providing any essential transport service; ( c ) an order appointing a person (called in this Part an advisor) to advise — (i) the designated operating entity; or (ii) in the case of a designated operating entity that is a business trust — the trustee-manager of the business trust, in the proper conduct of the business, undertaking or activities of the designated operating entity mentioned in paragraph ( b ). (2) For the purposes of subsection (1), the grounds are the following: ( a ) the designated operating entity is or is likely to be unable to pay its debts; ( b ) the Minister considers it to be in the interest of the security and reliability of the provision of any essential transport service by the designated operating entity; ( c ) the Minister considers it to be in the public interest. (3) Notice of any order under subsection (1) must be given immediately by the Minister to such persons and in such manner as may be determined by the Minister. (4) The Minister may make a special administration order in relation to a designated operating entity despite the commencement of (as applicable) — ( a ) any proceedings relating to the making of an order under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to the designated operating entity, being a corporation; ( b ) any proceedings relating to the making of a judicial management order under Part 7 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to the designated operating entity, being a corporation; ( c ) any meeting convened under section 94(7) of the Insolvency, Restructuring and Dissolution Act 2018 in respect of the designated operating entity, being a corporation; ( d ) any proceedings under the Insolvency, Restructuring and Dissolution Act 2018 relating to the winding up of the affairs of the designated operating entity, being a company or an unregistered company; ( e ) any proceedings under the Limited Liability Partnerships Act 2005 relating to the winding up of the affairs of the designated operating entity, being a limited liability partnership; or ( f ) any proceedings before any court for the dissolution, winding up or termination (as the case may be) of the designated operating entity, being an entity not mentioned in paragraph ( d ) or ( e ). (5) For the purposes of this section, a designated operating entity is unable to pay its debts if — ( a ) a creditor (by assignment or otherwise) to whom the entity is indebted in a sum exceeding the sum mentioned in section 125(2)( a ) of the Insolvency, Restructuring and Dissolution Act 2018 then due has served on the entity, by leaving at the registered office of the entity, a written demand by the creditor or the creditor’s lawfully authorised agent requiring the entity to pay the sum so due, and the entity has for 3 weeks after the service of the demand neglected to pay the sum, or to secure or compound for it to the reasonable satisfaction of the creditor; ( b ) an enforcement order or other process issued to enforce a judgment, decree or order of any court in favour of a creditor of the entity is returned unsatisfied in whole or in part; or ( c ) it is proved to the satisfaction of the General Division of the High Court that the entity is unable to pay its debts. [Act 20 of 2024 wef 01/04/2025]


document_id: bsia-2015
provision_ref: s33E
chapter: PART 5A - SPECIAL ADMINISTRATION ORDERS
section: 33E
title: Ancillary directions, etc., when special administration order, etc., is made
content:
33E. —(1) A special administration order under this Part may specify that — ( a ) the appointed person has such functions and powers in relation to the operations of the designated operating entity as are specified in the order; ( b ) the designated operating entity or, if the designated operating entity is a business trust, its trustee-manager, is to stop providing a specified service or facility from a specified date; and ( c ) the appointed person must have access to, and take control of, the property (including intellectual property), licences and employees used or required by the designated operating entity or, if the designated operating entity is a business trust, its trustee-manager, for the purposes of carrying on the operations of the designated operating entity as are specified in the order. (2) A special administration order under this Part may also contain ancillary directions that may — ( a ) direct how the costs of the operations specified in the order and revenue generated from those operations, are to be dealt with; ( b ) fix the remuneration and expenses to be paid by the designated operating entity or trustee-manager to the appointed person; ( c ) specify the period for which the order under this section applies; and ( d ) specify any other conditions that may apply. (3) An order under section 33D(1)( c ) may also contain an ancillary direction that fixes the remuneration and expenses to be paid by the designated operating entity or trustee-manager to the advisor. [Act 20 of 2024 wef 01/04/2025]


document_id: bsia-2015
provision_ref: s33F
chapter: PART 5A - SPECIAL ADMINISTRATION ORDERS
section: 33F
title: Effect of special administration order and other orders
content:
33F. —(1) Any decision of the Minister under section 33D(1) is final. (2) A special administration order operates to the exclusion of rights that are inconsistent with the order. (3) Nothing in Part 4 or 4A applies to prohibit or invalidate any special administration order or other order made under this Part or any transaction entered into to give effect to such an order. [Act 20 of 2024 wef 01/04/2025]


document_id: bsia-2015
provision_ref: s33G
chapter: PART 5A - SPECIAL ADMINISTRATION ORDERS
section: 33G
title: Duties of designated operating entity or trustee-manager, etc.
content:
33G. —(1) The designated operating entity that is the subject of a special administration order under this Part or, in the case of such a designated operating entity that is a business trust, its trustee-manager — ( a ) must facilitate the handover of the operations to the appointed person as specified in the order; ( b ) must not obstruct the appointed person’s access to property or the exercise by the appointed person of the appointed person’s responsibilities under or pursuant to the special administration order; and ( c ) must comply with reasonable directions given by the appointed person in the exercise of the appointed person’s responsibilities under or pursuant to the special administration order. (2) The designated operating entity or trustee-manager which fails to comply with subsection (1) or an order under section 33D(1)( b ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. [Act 20 of 2024 wef 01/04/2025]


document_id: bsia-2015
provision_ref: s33H
chapter: PART 5A - SPECIAL ADMINISTRATION ORDERS
section: 33H
title: Transfer of property, etc., under special administration order
content:
33H. —(1) Without limiting sections 33C, 33D and 33E, a special administration order may provide for the following matters: ( a ) the transfer to one or more prescribed transferees (which may or may not be the appointed person) of the following (whichever is applicable): (i) the property, rights and liabilities of a designated operating entity; (ii) in the case of a designated operating entity that is a business trust — the property of the business trust, and the rights held and the liabilities incurred by the trustee-manager of the business trust in its capacity as trustee-manager of the business trust; ( b ) matters that are consequential or related to any such transfer. (2) If the Minister makes a special administration order providing for any matter mentioned in subsection (1), the Minister must, by notification in the Gazette , establish a scheme within the following period for determining the amount of any compensation payable by the prescribed transferee to the designated operating entity or the trustee-manager or unitholders of the business trust (as the case may be) for the transfer of the property, rights and liabilities: ( a ) 6 months after the date of the making of the special administration order; ( b ) any longer period after the date of the making of the special administration order, as agreed between the prescribed transferee and the designated operating entity or trustee-manager. (3) A scheme established under subsection (2) may provide for — ( a ) the manner in which any compensation or consideration is to be assessed, including methods of calculation, valuation dates and matters to be taken into account or disregarded when making valuations; ( b ) the assessment to be made by an independent valuer appointed by the Minister; and ( c ) the remuneration and expenses of the independent valuer. (4) In this section, “prescribed transferee” means the LTA or a person nominated by the Minister. [Act 20 of 2024 wef 01/04/2025]


document_id: bsia-2015
provision_ref: s33I
chapter: PART 5A - SPECIAL ADMINISTRATION ORDERS
section: 33I
title: Regulations for this Part
content:
33I. The Minister may make regulations under section 49 for giving effect to this Part, including — ( a ) regulations governing the transfer of property, rights and liabilities of or in relation to a designated operating entity mentioned in section 33H(1)( a ) and matters consequential or related to such transfer; and ( b ) if a special administration order is made, regulations for applying, omitting or modifying the provisions of Parts 7 and 9 of the Insolvency, Restructuring and Dissolution Act 2018. [Act 20 of 2024 wef 01/04/2025]


document_id: bsia-2015
provision_ref: s34
chapter: PART 6 - ENFORCEMENT AND MONITORING COMPLIANCE
section: 34
title: Accounts and statements
content:
34. —(1) Subject to subsection (4), a public bus operator holding a Class 1 bus service licence must — ( a ) in respect of the whole or part (as the case may be) of every financial year, prepare such accounts and statements as are specified in, or ascertained in accordance with, the regulations; ( b ) retain the accounts and statements prepared in accordance with paragraph ( a ) for 5 years after the end of the period to which they relate; ( c ) within the prescribed period after the accounting period, give the LTA those accounts and statements duly audited by an auditor approved by the LTA; and ( d ) keep and retain records, where the records are relevant to the preparation of the accounts and statements of the licensee mentioned in paragraph ( a ), for the period and in the manner prescribed in the regulations. (2) A public bus operator holding a Class 1 bus service licence must not prepare any accounts or statements in such a way that they do not correctly record and explain the matters or things to which they relate. (3) A person — ( a ) who is subject to any requirement under subsection (1) or (2); and ( b ) who contravenes that requirement, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. (4) The LTA may on application waive any requirement under subsection (1) in any particular case.


document_id: bsia-2015
provision_ref: s35
chapter: PART 6 - ENFORCEMENT AND MONITORING COMPLIANCE
section: 35
title: Record-keeping and giving information on quality of service
content:
35. —(1) A public bus operator holding a Class 1 bus service licence and every bus service subcontractor who provides bus services under an agreement with such a licensee, must — ( a ) keep and retain, for any period that is prescribed, records where the records are relevant to a matter that is relevant to monitoring or evaluating, under this Part, the quality of an aspect of bus services as prescribed in the regulations; and ( b ) give to the LTA, within the period and in the manner prescribed in the regulations, specified information that is relevant to a matter that is relevant to monitoring or evaluating, under this Part, the quality of an aspect of bus services as prescribed in the regulations. (2) A public bus operator holding a Class 1 bus service licence, and every bus service subcontractor who provides bus services under an agreement with such a licensee, must not, in purported compliance with a requirement under subsection (1), make a record of any matter or thing in a way that does not correctly record the matter or thing. (3) A person — ( a ) who is subject to any requirement under subsection (1) or (2); and ( b ) who contravenes that requirement, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.


document_id: bsia-2015
provision_ref: s36
chapter: PART 6 - ENFORCEMENT AND MONITORING COMPLIANCE
section: 36
title: Power to obtain information
content:
36. —(1) The LTA or an authorised officer may by written notice require any licensee to provide, within a reasonable period specified in the notice, and in the form and manner specified in the notice, all documents and information which — ( a ) relate to any matter which the LTA considers necessary to carry out the functions or duties of the LTA by or under any provision of this Act; and ( b ) are — (i) within the knowledge of that licensee; or (ii) in the licensee’s custody or under the licensee’s control. (2) The power to require a licensee to provide any document or information under subsection (1) includes the power — ( a ) to require that licensee, or any individual who is or was an officer or employee of the licensee, to provide an explanation of the document or information; ( b ) if the document or information is not provided, to require that licensee or individual to state, to the best of the licensee’s or individual’s knowledge and belief, where it is; and ( c ) if the information is recorded otherwise than in legible form, to require the information to be made available to the LTA in legible form. (3) Any person who, without reasonable excuse, fails to do anything required of the person by notice under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. (4) Any person — ( a ) who intentionally alters, suppresses or destroys any document or information which the person has been required by a notice under subsection (1) to provide; or ( b ) who, in providing any document or information required under subsection (1), makes any statement which the person knows to be false in a material particular or recklessly makes such a statement, 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 12 months or to both. (5) If any person fails to comply with a notice under subsection (1), the court may, on the application of the LTA, make any order that the court thinks fit to secure compliance with the notice and that order may provide that all the costs or expenses of and incidental to the application are to be borne by the person or by any officer of a company or other association who is responsible for the failure. (6) The LTA through an authorised officer may, at any time after the end of the period specified in the notice mentioned in subsection (1) — ( a ) enter any building or place where the LTA has reason to believe that any document or information, in respect of which it has given the notice, may be found; and ( b ) seize or take extracts or copies of that document or information. (7) The LTA is entitled without payment to keep any document or information, or any copy of or extract from any document or information, provided to the LTA under subsection (1) or obtained under subsection (6). (8) Where a licensee is a licensed bus operator, any reference to a licensee in subsections (1) and (2) includes a reference to every bus service subcontractor who provides bus services under an agreement with the licensee. (9) Where a licensee is a licensed bus depot operator or a licensed bus interchange operator, any reference to a licensee in subsections (1) and (2) includes a reference to every bus depot or interchange subcontractor who operates the bus depot or bus interchange specified in the licence under an agreement with the licensee.


document_id: bsia-2015
provision_ref: s37
chapter: PART 6 - ENFORCEMENT AND MONITORING COMPLIANCE
section: 37
title: Codes of practice
content:
37. —(1) The LTA may, with respect to all or any of the matters in subsection (2) — ( a ) issue one or more codes of practice applicable to licensees or specified types of licensees; ( b ) approve as a code of practice applicable to licensees or specified types of licensees any document prepared by a person other than the LTA if the LTA considers the document suitable for this purpose; or ( c ) amend or revoke any code of practice issued under paragraph ( a ) or approved under paragraph ( b ). (2) The matters for the purposes of subsection (1) are — ( a ) the conduct of licensees; ( b ) the measures necessary for licensees to deal with any plague, epidemic, fire, flood, earthquake or disaster (natural or otherwise) or any other public emergency; ( c ) competition, abuse of a dominant position in the market and fair market conduct in the bus service industry; ( d ) for licensed bus operators — (i) the management and operation of bus services; (ii) the provision of bus services; and (iii) the quality of such aspects of bus services; and ( e ) for holders of a bus depot licence or bus interchange licence — (i) the maintenance or operation of bus depots or bus interchanges and any equipment relating to the premises; (ii) the provision of services and facilities at bus depots or bus interchanges; (iii) the quality of such aspects of those services and facilities; and (iv) the safety and security of persons who use or who are engaged in any work at bus depots or bus interchanges. (3) A code of practice may, in particular, specify the duties and obligations of any licensee in relation to its business operation insofar as it relates to the provision of bus services or the operation of a bus depot or bus interchange (as the case may be) in Singapore. (4) If any provision in any code of practice is inconsistent with any provision of this Act, the provision, to the extent of the inconsistency — ( a ) is to have effect subject to this Act; or ( b ) having regard to this Act, is not to have effect. (5) Where a code of practice is issued, approved, amended or revoked by the LTA under subsection (1), the LTA must — ( a ) give notice of the issue, approval, amendment or revocation (as the case may be) of the code of practice to every licensee to which the code of practice applies; ( b ) specify in the notice mentioned in paragraph ( a ) the date of issue, approval, amendment or revocation, as the case may be; and ( c ) ensure that, so long as the code of practice remains in force, copies of that code of practice, and of all amendments to that code of practice, are available for inspection, free of charge, by the licensees to whom the code of practice applies. (6) No code of practice, no amendment to an approved code of practice, and no revocation of any approved code of practice, has any force or effect as an approved code of practice until the notice relating to it is published in accordance with subsection (5). (7) A code of practice issued or approved under this section does not have legislative effect. (8) Subject to subsection (9), every licensee must comply with the relevant codes of practice applicable to the licensee. (9) The LTA may, either generally or for the time that the LTA may specify, waive the application of any, or part of any, code of practice, issued or approved under this section to any licensee. (10) Any contravention or failure to comply by a person with a code of practice that applies to the person does not of itself render the person liable to criminal proceedings, but any such contravention or failure may, in any proceedings (criminal or otherwise under this Act) in connection with an offence under this Act, be relied on by any party to those proceedings as tending to establish or negative any liability which is in question in those proceedings.


document_id: bsia-2015
provision_ref: s38
chapter: PART 6 - ENFORCEMENT AND MONITORING COMPLIANCE
section: 38
title: Directions affecting licensees
content:
38. —(1) The LTA may give a direction to a licensee for or in respect of — ( a ) the extent, hours and general level of service; ( b ) any matter affecting the interests of the public in connection with the service provided by the licensee; ( c ) in the case of bus depots or bus interchanges — (i) the maintenance and operation of the bus depot or bus interchange and any equipment in those premises; (ii) the security criteria for selecting persons engaged in any work at the bus depot or bus interchange; (iii) the safety and security of persons using or at work at the bus depot or bus interchange; or (iv) the terms and conditions that the licensee can impose on the use of the bus depot or bus interchange on persons referred to in section 26(2)( f )(i), (ii) and (iii); and ( d ) in the case of bus services, the preservation and promotion of fair competition among operators of bus services. (2) A direction given under subsection (1) — ( a ) may require the licensee concerned (according to the circumstances of the case) to do, or to refrain from doing, for a specified period, things specified in the direction or things that are of a description specified in the direction; ( b ) takes effect at the time, being the earliest practicable time, determined by or under that direction; and ( c ) may be revoked at any time by the LTA. (3) Before exercising any powers under subsection (1), the LTA must, unless the LTA in respect of any particular direction considers that it is not practicable or desirable, give written notice to the licensee concerned — ( a ) stating that the LTA intends to give a direction to the licensee under this section and the nature of the direction; and ( b ) specifying the time (being at least 14 days after the date of service of the notice on the licensee) within which written representation may be made to the LTA with respect to the proposed direction. (4) The LTA may, after considering any written representation under subsection (3)( b ), decide to give or not give the direction as the LTA considers appropriate. (5) The LTA must serve on the licensee concerned a notice of its decision under subsection (4). (6) Subject to section 41, a direction takes effect from the date on which a notice under subsection (5) is given, or on any other date specified in the notice. (7) Every licensee must comply with every direction given under this section to the licensee as soon as it takes effect.


document_id: bsia-2015
provision_ref: s39
chapter: PART 6 - ENFORCEMENT AND MONITORING COMPLIANCE
section: 39
title: Suspension or revocation, etc., of licence
content:
39. —(1) Subject to subsection (3), if the LTA is satisfied that — ( a ) the licensee is contravening or not complying with, or has contravened or failed to comply with — (i) any of the conditions of its licence; (i a ) any condition of approval under section 19; [Act 20 of 2024 wef 01/04/2025] (ii) any provision of this Act applicable to the licensee, contravention of or non-compliance with which is not an offence; (iii) any provision of a code of practice applicable to the licensee; or (iv) any direction given to the licensee under section 38 or subsection (2)( d ) or ( f ); ( b ) the licensee has gone or is likely to go into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction; ( c ) the licensee has made any assignment to, or composition with, its creditors or, if a company, is unable to pay its debts; ( d ) for a licensed bus operator, the licensee is not providing an adequate and satisfactory bus service; ( e ) for a licensee holding a Class 1 bus service licence, the licensee has not complied with any direction under section 19(3); ( f ) the licensee is convicted of any offence under this Act committed during the term of the licence, or any of the following individuals is convicted of an offence under this Act committed during the term of the licence: (i) any member of the board of directors or committee or board of trustees or other governing body, or the chief executive officer, of a licensee that is a company, limited liability partnership or other body corporate; [Act 20 of 2024 wef 01/04/2025] (ii) any partner of a licensee that is a partnership or limited liability partnership; or ( g ) the public interest or national security of Singapore requires, the LTA may revoke (without any compensation) the licensee’s licence, with or without forfeiting any performance bond, guarantee or other form of security furnished by the licensee under this Act. (2) However, the LTA may, in lieu of revoking a licensee’s licence under subsection (1), do any one or more of the following: ( a ) censure the licensee in writing; ( b ) modify any condition of the licence; ( c ) require the furnishing of any performance bond, guarantee or other form of security, or an additional performance bond, guarantee or other form of security, to secure compliance by the licensee with any condition attached to the licence or for the purpose of meeting any financial penalty arising out of any proceedings with a view to regulatory action started or likely to start against the licensee, or both; ( d ) direct the licensee to do, or to refrain from doing, anything specified in a direction to rectify a contravention or non‑compliance; ( e ) suspend (for not more than 6 months) the licence without any compensation; ( f ) direct the licensee to pay, within a period specified in a direction, a financial penalty of an amount that the LTA thinks fit, being — (i) not more than $100,000 for each contravention or failure to comply with any instrument in subsection (1)( a ) that is the subject; or (ii) in any other case, not more than $100,000. (3) Before exercising any powers under subsection (1) or (2), the LTA must give written notice to the licensee concerned — ( a ) stating that the LTA intends to take regulatory action against the licensee under this section; ( b ) specifying the type of action in subsection (1) or (2) the LTA proposes to take, and each instance of non‑compliance that is the subject of the action; and ( c ) specifying the time (being at least 14 days after the date of service of the notice on the licensee) within which written representation may be made to the LTA with respect to the proposed action. (4) The LTA may, after considering any written representation under subsection (3)( c ), decide to take any regulatory action in subsection (2) that the LTA considers appropriate. (5) Where the LTA has made any decision under subsection (4) against any licensee, the LTA must serve on the licensee concerned a notice of its decision. (6) Subject to section 41, a decision to revoke a licence, or to impose a regulatory action in subsection (2), which is specified in the notice given under subsection (5), takes effect from the date on which that notice is given, or on any other date specified in the notice. (7) The suspension or revocation of any licence, or any direction issued under this section, does not prejudice the enforcement by any person of any right or claim against the licensee or former licensee, or by the licensee or former licensee of any right or claim against any person. (8) Where any financial penalty is imposed on a licensee under subsection (2) for contravening or not complying with any condition of its licence, any performance bond, guarantee or other form of security given by the licensee to secure compliance by the licensee with any condition attached to the licence must not be forfeited by the LTA for that contravention except to the extent to pay the financial penalty. (9) In any proceedings under this section in relation to the conviction of a licensee or any person for a criminal offence, the LTA is to accept the licensee’s or person’s conviction as final and conclusive. (10) For the purposes of subsection (1)( c ), a company is unable to pay its debts if it is a company which is deemed to be so unable under section 125(2) of the Insolvency, Restructuring and Dissolution Act 2018. [40/2018]


document_id: bsia-2015
provision_ref: s40
chapter: PART 6 - ENFORCEMENT AND MONITORING COMPLIANCE
section: 40
title: Composition of offences
content:
40. —(1) The LTA, or any authorised officer authorised in writing by the LTA, may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $5,000. (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. (3) All sums collected under this section must be paid into the Consolidated Fund.


document_id: bsia-2015
provision_ref: s41
chapter: PART 7 - APPEALS
section: 41
title: Appeal to Minister
content:
41. —(1) The former holder of a licence revoked under section 39 (called an appellant) may appeal to the Minister against the decision by the LTA under that section to revoke the licence. (2) A licensee which is aggrieved by any of the following decisions of the LTA (called an appellant) may appeal to the Minister against the decision: ( a ) any refusal by the LTA under section 13(1)( b ) or 25(3)( b ) to renew the licensee’s licence; ( b ) any condition imposed by the LTA in the licensee’s licence under section 15 or 26, as the case may be; ( c ) any modification of any condition in the licensee’s licence under section 16 or 27, as the case may be; ( d ) any provision contained in a code of practice applicable to the licensee that is issued, approved or amended by the LTA under section 37; ( e ) any regulatory action taken against the licensee under section 39(1) or (2); ( f ) any direction given by the LTA under section 19(3) or 38. (3) An applicant for a licence (called an appellant) may appeal to the Minister against any refusal by the LTA under section 13 or 24 to grant the applicant the licence. (3A) Any person who is aggrieved by any of the following decisions of the LTA may appeal to the Minister against the decision: ( a ) any decision to designate an entity under section 28E; ( b ) any refusal to grant an approval required under section 28G, 28H or 28I; ( c ) any decision to impose, add to or vary any condition under section 28G, 28H or 28I; ( d ) any decision to issue a direction under section 28M, 28O or 28P or to vary a direction under section 28Q(2). [Act 20 of 2024 wef 01/04/2025] (4) An appeal under this section must be in writing and specify the grounds on which it is made, and be made within a prescribed period after the date of receipt of the decision that is appealed against. (5) The Minister may reject an appeal of an appellant who fails to comply with subsection (4). (6) After consideration of an appeal, the Minister may — ( a ) reject the appeal and confirm the LTA’s decision; or ( b ) allow the appeal and substitute or vary the LTA’s decision. (7) The Minister’s decision on an appeal is final. (8) Every appellant must be notified of the Minister’s decision under subsection (7). (9) An appeal against the LTA’s decision does not affect the operation of the decision appealed against or prevent the taking of action to implement the decision, and unless otherwise directed by the Minister, the decision appealed against must be complied with until the determination of the appeal.


document_id: bsia-2015
provision_ref: s42
chapter: PART 7 - APPEALS
section: 42
title: Designation of others to hear appeals
content:
42. The Minister may designate any Minister of State, Senior Minister of State, Parliamentary Secretary or Senior Parliamentary Secretary for his or her Ministry, to hear and determine, in the Minister’s place, any appeals or a specific appeal under section 41; and any reference in that section to the Minister includes a reference to the Minister of State, Senior Minister of State, Parliamentary Secretary or Senior Parliamentary Secretary so designated for that appeal. [Act 20 of 2024 wef 01/04/2025]


document_id: bsia-2015
provision_ref: s42A
chapter: PART 8 - MISCELLANEOUS
section: 42A
title: Advisory guidelines
content:
42A. —(1) The LTA may make advisory guidelines with a view to providing guidance or certainty in respect of any one or more of the provisions in this Act. (2) Advisory guidelines, for example, may be made about — ( a ) what amounts to a material function of a designated operating entity for the purposes of section 28J(1)( a ); or ( b ) the relevant principles to consider in determining what amounts to a material impediment to or impairment of the operations of a designated operating entity for the purposes of section 28J(3)( a ). (3) The LTA may make different advisory guidelines under subsection (1) in respect of different persons or entities or different classes of persons or entities. (4) The Authority must — ( a ) give a copy of each advisory guideline it makes to the Minister; and ( b ) publish each advisory guideline (in any way that the Authority thinks fit), send each advisory guideline to each person or entity to whom the guideline applies (by any mode the Authority thinks fit), or both. (5) Despite subsection (4)( b ), the Authority must publish each advisory guideline (in any way that the Authority thinks fit) if the advisory guideline has any effect on the rights of any person or entity other than the person or entity to which the advisory guideline applies. (6) The failure to comply with subsection (4) or (5) in respect of any advisory guideline does not invalidate the advisory guideline. [Act 20 of 2024 wef 01/04/2025]


document_id: bsia-2015
provision_ref: s43
chapter: PART 8 - MISCELLANEOUS
section: 43
title: Authorised officers
content:
43. —(1) The LTA may, in relation to any provision in this Act or its regulations, appoint any of its officers or employees to be an authorised officer for the purposes of that provision, either generally or in a particular case. (2) The LTA may delegate the exercise of all or any of the powers conferred or duties imposed upon the LTA by any provision of this Act (except the power of delegation conferred by this subsection) to any authorised officer, subject to any conditions or limitations set out in this Act or as specified by the LTA; and any reference in the provision of this Act to the LTA includes a reference to such an authorised officer.


document_id: bsia-2015
provision_ref: s44
chapter: PART 8 - MISCELLANEOUS
section: 44
title: Offences by bodies corporate, etc.
content:
44. —(1) Where an offence under this Act committed by a body corporate is proved — ( a ) to have been committed with the consent or connivance of an officer of the body corporate; or ( b ) to be attributable to any neglect on the officer’s part, the officer as well as the body corporate shall be guilty of the 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 under this Act committed by a partnership is proved — ( a ) to have been committed with the consent or connivance of a partner; or ( b ) to be attributable to any neglect on the partner’s part, the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved — ( a ) to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or ( b ) to be attributable to any neglect on the part of such an officer or a member, the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (5) In this section — “body corporate” includes a limited liability partnership; “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 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 to provide for the application of any provision of this section, with any modifications that the Minister considers appropriate, to any body corporate, limited liability partnership or unincorporated association formed or recognised under the law of a territory outside Singapore.


document_id: bsia-2015
provision_ref: s45
chapter: PART 8 - MISCELLANEOUS
section: 45
title: Service of documents
content:
45. —(1) A document that is permitted or required by this Act to be served on a person may be served as described in this section. (2) A document permitted or required by this Act to be served on an individual may be served — ( a ) by giving it to the individual personally; ( b ) by sending it by prepaid registered post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address; ( c ) by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there; ( d ) by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address; ( e ) by sending it by fax to the fax number last known to the person giving or serving the document as the fax number for the service of documents on the individual; or ( f ) by sending it by email to the individual’s last email address. (3) A document permitted or required by this Act to be served on a partnership (other than a limited liability partnership) may be served — ( a ) by giving it to any partner, secretary or other similar officer of the partnership; ( b ) by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address; ( c ) by sending it by fax to the fax number used at the partnership’s business address; or ( d ) by sending it by email to the partnership’s last email address. (4) A document permitted or required by this Act to be served on a body corporate (including a limited liability partnership) or an unincorporated association may be served — ( a ) by giving it to the secretary or other similar officer of the body corporate or the unincorporated association, or the limited liability partnership’s manager; ( b ) by leaving it at, or by sending it by prepaid registered post to, the body corporate’s or unincorporated association’s registered office or principal office; ( c ) by sending it by fax to the fax number used at the body corporate’s or unincorporated association’s registered office or principal office; or ( d ) by sending it by email to the body corporate’s or unincorporated association’s last email address. (5) In addition, a document permitted or required by this Act to be served on an individual, a partnership, a body corporate or an unincorporated association may be served — ( a ) by giving an electronic notice to the individual, partnership, body corporate or unincorporated association (called in this section an addressee) by the addressee’s chosen means of notification, stating that the document is available and how the addressee may use the addressee’s chosen means of access to access the document’s contents; or ( b ) by any other method authorised by the regulations made under section 49 for the service of documents of that kind if the addressee consents (expressly or impliedly) to service of a document of that kind in that way. [38/2018] (6) Service of a document under subsection (1) takes effect — ( a ) if the document is sent by fax and a notification of successful transmission is received, on the day of transmission; ( b ) if the document is sent by email, at the time that the email becomes capable of being retrieved by the person; and ( c ) if the document is sent by prepaid registered post, 2 days after the day the document is posted (even if it is returned undelivered). (7) However, service of any document under this Act on a person by email or by an electronic notice at the person’s chosen means of notification may be effected only with the person’s prior consent (express or implied) to service in that way. [38/2018] (8) In this section, “document” includes a notice or an order permitted or required by this Act to be served. (9) However, this section does not apply to documents to be served in proceedings in court. (10) In this section — “business address” means — ( a ) in the case of an individual, the individual’s usual or last known place of business in Singapore; or ( b ) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore; “chosen means of access”, for an addressee on whom is or is to be served a document permitted or required by this Act, means an electronic means that the addressee agrees with the person giving or serving the document as the means by which the addressee may access that document’s contents; “chosen means of notification”, for an addressee on whom is or is to be served a document permitted or required by this Act, means an electronic means that the addressee nominates to the person giving or serving the document as the means by which the addressee may be notified that the document has been served on the addressee; “last email address” means — ( a ) the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act; or ( b ) the last email address of the addressee concerned known to the person giving or serving the document; “residential address” means an individual’s usual or last known place of residence in Singapore. [38/2018]


document_id: bsia-2015
provision_ref: s46
chapter: PART 8 - MISCELLANEOUS
section: 46
title: General exemption
content:
46. The Minister may, by order in the Gazette , exempt any person or class of persons from all or any provisions (or any part of any provision) of this Act, either generally or in a particular case and subject to any conditions that the Minister may impose. [Act 20 of 2024 wef 01/04/2025]


document_id: bsia-2015
provision_ref: s47
chapter: PART 8 - MISCELLANEOUS
section: 47
title: Jurisdiction of courts
content:
47. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment in respect of the offence.


document_id: bsia-2015
provision_ref: s48
chapter: PART 8 - MISCELLANEOUS
section: 48
title: No compensation payable
content:
48. No compensation is payable by the LTA to any person in respect of or as a consequence of any decision of the LTA under this Act — ( a ) to enter or not to enter into a public bus services contract with anyone; ( b ) not to renew a public bus services contract; or ( c ) to suspend or terminate a public bus services contract.


document_id: bsia-2015
provision_ref: s48A
chapter: PART 8 - MISCELLANEOUS
section: 48A
title: Power to amend Schedule
content:
48A. The Minister may, by order in the Gazette , amend the Schedule. [Act 20 of 2024 wef 01/04/2025]


document_id: bsia-2015
provision_ref: s49
chapter: PART 8 - MISCELLANEOUS
section: 49
title: Regulations
content:
49. —(1) The LTA may, with the approval of the Minister, make regulations necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) In particular, the LTA may make regulations for any of the following: ( a ) classes of licences; ( b ) the form and manner in which, and the time within which, an application for a licence or an application to renew a licence may be made, and the information and evidence required to be provided in connection with the application; ( c ) the carrying out of inquiries of applicants for a licence; ( d ) the duties of licensees; ( e ) the fees to be paid in respect of applications for and the grant, renewal or late renewal of any licence, and otherwise in connection with the administration of this Act, and the waiver, reduction or refund of fees charged; ( f ) the records that are to be kept by licensees and the provision of returns and other information with respect to the operation of bus services, or bus depots and bus interchanges; ( g ) service standards or other requirements, restrictions or conditions that apply in the provision of bus services by a bus service licensee that is not a public bus operator. (3) Regulations made under this section may — ( a ) provide that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $5,000; and ( b ) provide for any transitional, saving and other consequential, incidental and supplemental provisions that are necessary or expedient. (4) All regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: bsma-1998
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “approved coordinates” means coordinates approved by the Chief Surveyor, or approved under section 7( c ), which are capable of describing and ascertaining the boundaries of any land in relation to survey control marks; “assurance plan” means any plan showing approximate boundaries or dimensions and areas for the purpose of identifying land which has not been surveyed to the Chief Surveyor’s satisfaction but is required to be surveyed under the provisions of any written law; “authorised surveyor” means a land surveyor who is employed by the Authority, whether or not registered under section 12 of the Land Surveyors Act 1991; [Act 25 of 2024 wef 01/10/2025] “Authority” means the Singapore Land Authority established under the Singapore Land Authority Act 2001; “bench mark” means any survey control mark in Singapore that is used as vertical control to determine the vertical distance between the Singapore Height Datum and a survey point above or below; “boundary mark” includes any survey stone, iron pipe, spike, or other survey mark authorised by law for the purpose of marking boundaries; “cadastral survey” means any survey relating to the recording of land boundaries, subdivision lines, buildings and related details; “certified plan” means a survey plan which has been approved by, and filed in the office of, the Chief Surveyor under section 4(1)( e ); “Chief Surveyor” means the Chief Surveyor appointed under section 3(1), and includes an acting Chief Surveyor appointed under section 3(2); “land” includes — ( a ) a parcel of land which is in the actual possession of the owner or other person holding by, through or under the owner; ( b ) land covered by water; ( c ) a building or a structure erected on land; ( d ) any parcel of airspace or any subterranean space, whether or not held apart from the surface of the earth; and ( e ) any estate or interest in land; “licence” means a licence to supply survey services in Singapore granted under section 17 of the Land Surveyors Act 1991; “limited liability partnership” has the meaning given to it by section 4(1) of the Limited Liability Partnerships Act 2005; “manager” — ( a ) in relation to a corporation or partnership, means the principal executive officer of the corporation or partnership for the time being by whatever name called and whether or not the officer is a director or partner of the corporation or partnership; and ( b ) in relation to a limited liability partnership, has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005; “owner”, in relation to any parcel of land, means the person for the time being receiving the rent of the land, whether on the person’s own account or as agent or trustee or who would receive the rent if the land were let to a tenant; “practising certificate” means an annual practising certificate issued under section 15 of the Land Surveyors Act 1991 authorising the holder of the certificate to engage in survey work in Singapore; “registered surveyor” means a registered surveyor within the meaning given by the Land Surveyors Act 1991; [Act 25 of 2024 wef 01/10/2025] “repealed Act” means the Boundaries and Survey Maps Act (Cap. 25, 1985 Revised Edition) in force immediately before 16 October 1998; “Singapore Height Datum” means the fixed datum surface set at 0.000 metres of Singapore’s historical mean sea level; “strata title plan” has the meaning given by the Land Titles (Strata) Act 1967; “survey control mark” means any survey mark placed under the supervision of the Chief Surveyor the horizontal position or vertical distance from the Singapore Height Datum which is determined, and includes a bench mark; “survey officer” means any person authorised by the Chief Surveyor to carry out a cadastral survey for any parcel of land; “survey plan” includes a strata title plan; “survey work” has the meaning given by the Land Surveyors Act 1991. [2/2007; 30/2008; 11/2015] (2) In this Act, any reference to a plan, unless the context otherwise requires, includes a reference to a plan in electronic form.


