# legal_provisions

document_id: lbca-2021
provision_ref: s56
chapter: PART 8 - ADMINISTRATION
section: 56
title: Protection from personal liability
content:
56. No liability shall lie personally against any member, officer or employee of the Authority, any designated valuer or any other person acting under the direction of the Authority or Chief Valuer (as the case may be) for anything done or intended to be done in good faith and with reasonable care in — ( a ) the exercise or purported exercise of any power under this Act; or ( b ) the performance or purported performance of any function under this Act.


document_id: lbca-2021
provision_ref: s57
chapter: PART 8 - ADMINISTRATION
section: 57
title: Consolidated Fund
content:
57. All land betterment charges and penalty tax collected and recovered by the Authority under this Act, and all late payment interest imposed under section 38, must be paid into the Consolidated Fund.


document_id: lbca-2021
provision_ref: s58
chapter: PART 8 - ADMINISTRATION
section: 58
title: Composition of offences
content:
58. —(1) The Chief Executive of the Authority, or an employee of the Authority authorised in writing by the Authority, may compound any offence under this Act or the Regulations 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 ) $2,000. (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: lbca-2021
provision_ref: s59
chapter: PART 8 - ADMINISTRATION
section: 59
title: Offences by corporations
content:
59. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that — ( a ) an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the officer, employee or agent had that state of mind, is evidence that the corporation had that state of mind. (2) Where a corporation commits an offence under this Act, a person — ( a ) who is — (i) an officer of the corporation; or (ii) an individual involved in the management of the corporation and in a position to influence the conduct of the corporation in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or (iii) knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of that same offence as is the corporation, and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) any written law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) also does not affect the liability of the corporation for an offence under this Act, and applies whether or not the corporation is convicted of the offence. (6) In this section — “corporation” includes a limited liability partnership; “reasonable steps”, in relation to the commission of an offence, includes, but is not limited to, such action (if any) of the following kinds as is reasonable in all the circumstances: ( a ) action towards — (i) assessing the corporation’s compliance with the provision creating the offence; and (ii) ensuring that the corporation arranged regular professional assessments of its compliance with the provision; ( b ) action towards ensuring that the corporation’s employees, agents and contractors are provided with information, training, instruction and supervision appropriate to them to enable them to comply with the provision creating the offence so far as the provision is relevant to them; ( c ) action towards ensuring that — (i) the equipment and other resources; and (ii) the structures, work systems and other processes, relevant to compliance with the provision creating the offence are appropriate in all the circumstances; ( d ) action towards creating and maintaining a corporate culture that does not direct, encourage, tolerate or lead to non‑compliance with the provision creating the offence; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose.


document_id: lbca-2021
provision_ref: s60
chapter: PART 8 - ADMINISTRATION
section: 60
title: Offences by unincorporated associations or partnerships
content:
60. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that — ( a ) an employee or agent of the unincorporated association or partnership engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the employee or agent had that state of mind, is evidence that the unincorporated association or partnership had that state of mind. (2) Where an unincorporated association or a partnership commits an offence under this Act, a person — ( a ) who is — (i) an officer of the unincorporated association or a member of its governing body; (ii) a partner in the partnership; or (iii) an individual involved in the management of the unincorporated association or partnership and in a position to influence the conduct of the unincorporated association or partnership (as the case may be) in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or (iii) knew or ought reasonably to have known that the offence by the unincorporated association or partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of the same offence as is the unincorporated association or partnership (as the case may be), and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the unincorporated association or partnership would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) any written law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) also does not affect the liability of an unincorporated association or a partnership for an offence under this Act, and applies whether or not the unincorporated association or partnership is convicted of the offence. (6) In this section — “reasonable steps” has the meaning given by section 59; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose.


document_id: lbca-2021
provision_ref: s61
chapter: PART 9 - MISCELLANEOUS
section: 61
title: Interface with other laws
content:
61. To avoid doubt, nothing in this Act limits section 31 of the Singapore Land Authority Act 2001 with respect to an offence under this Act or any of its subsidiary legislation or the powers of the competent authority under the Planning Act 1998.


document_id: lbca-2021
provision_ref: s62
chapter: PART 9 - MISCELLANEOUS
section: 62
title: Service of documents
content:
62. —(1) A document that is permitted or required by this Act to be given to a person may be served as described in this section. (2) A document permitted or required by this Act to be given to 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 given to 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 given to 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 unincorporated association, or the limited liability partnership’s manager; ( b ) by leaving it at, or by sending it by prepaid registered post to, the registered office or principal office in Singapore of the body corporate or unincorporated association; ( c ) by sending it by fax to the fax number used at the registered office or principal office in Singapore of the body corporate or unincorporated association; or ( d ) by sending it by email to the last email address of the body corporate or unincorporated association. (5) 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 to whom it is sent; and ( c ) if the document is sent by prepaid registered post, 2 days after the day the document was posted (even if it is returned undelivered). (6) However, service of any document under this Act on a person by email may be effected only with the person’s prior consent to service in that way. (7) However, this section does not apply to documents to be served in proceedings in court. (8) 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; “document” includes a notice or an order permitted or required by this Act to be served; “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.


document_id: lbca-2021
provision_ref: s63
chapter: PART 9 - MISCELLANEOUS
section: 63
title: Application to Government, etc.
content:
63. —(1) This Act binds the Government, but nothing in this Act renders the Government, or the Minister for the time being charged with the responsibility for finance in his or her capacity as a body corporate, liable to any land betterment charge or prosecution for an offence under this Act. (2) To avoid doubt, no public authority or other person is immune from liability to any land betterment charge or prosecution for any offence under this Act by reason only that the public authority or person (as the case may be) is engaged to provide services to the Government or is acting in any other similar capacity for, or on behalf of, the Government.


document_id: lbca-2021
provision_ref: s64
chapter: PART 9 - MISCELLANEOUS
section: 64
title: Regulations by Authority
content:
64. —(1) The Authority may, with the approval of the Minister, make regulations prescribing matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act. (2) In particular, the Authority may, with the approval of the Minister, make Regulations to provide for any of the following: ( a ) the procedure for applying for a deferment determination or approval to transfer any deferred liability to pay any land betterment charge; ( b ) the procedure for appeals under Part 7; ( c ) the fees payable with respect to processing applications for deferment determinations or approvals to transfer any deferred liability to pay land betterment charges, or for any other service provided by the Authority in the administration of this Act; ( d ) the offences under this Act that may be compounded; ( e ) that any contravention of any provision of the Regulations is an offence and that the penalty for which on conviction may be a fine not exceeding $10,000 or imprisonment for a term not exceeding 6 months or both; ( f ) such saving, transitional, and other consequential, incidental and supplemental provisions as is necessary or expedient for the Regulations made under this section. (3) All Regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: lbca-2021
provision_ref: s65
chapter: PART 9 - MISCELLANEOUS
section: 65
title: Regulations for Valuation method and Table of Rates method, etc.
content:
65. —(1) The Minister may make regulations which are necessary or convenient to be prescribed, for carrying out or giving effect to the Table of Rates method, such as providing for the rates and methods to calculate a pre‑chargeable valuation and post‑chargeable valuation for any land, which may be in one or more of the following terms: ( a ) by reference to location of the land in question; ( b ) by reference to the different intended and existing uses of the land in question; ( c ) by reference to the nature of the material interest of taxable persons; ( d ) by reference to the area of the land that is the subject of the chargeable consent given; ( e ) by reference to development intensity; ( f ) by reference to historical rates; ( g ) by reference to the date or validity of any planning permission or conservation permission granted; ( h ) by reference to metrics that are the equivalent of planning parameters used to express written permissions under the Planning Act 1998 or the predecessor Act. (2) The Regulations made under this section may also — ( a ) provide for situations where the Authority does not have sufficient information, or information of sufficient quality, to enable it to establish any area of the land — (i) that is the subject of the chargeable consent given or to be given; or (ii) that is an authorised development or otherwise in lawful use; ( b ) set differential rates, supplementary rates, nil rates, increased rates or reductions; ( c ) provide for how liability for any land betterment charge is apportioned; and ( d ) prescribe any matter necessary or convenient for carrying out or giving effect to the Valuation method. (3) However, the Regulations made under this section prescribing the rates and method to calculate a pre-chargeable valuation for any land or for carrying out or giving effect to the Valuation method must disregard — ( a ) any authorised development of the land that relates to one single dwelling‑house on the land if the development in respect of which a chargeable consent is to be given is for a use other than as land with only one single dwelling‑house on it; ( b ) any use of the land that is not an authorised development or is otherwise not in lawful use; or ( c ) any authorised development of the land prescribed in Regulations made under this section as excluded for this purpose. (4) In this section, “single dwelling‑house” means one detached, semi‑detached, linked or terrace house used or adapted for use wholly or mainly for the purpose of human habitation. (5) The Minister may also make regulations under this section prescribing — ( a ) the criteria for deferment determinations; ( b ) the disqualifying events for the cancellation of deferment determinations; ( c ) the prescribed percentage of the increase in the value of the land likely to accrue from the giving of a chargeable consent in relation to land, for the purposes of section 8; and ( d ) such saving, transitional, and other consequential, incidental and supplemental provisions as are necessary or expedient for the Regulations made under this section. (6) All Regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: lbca-2021
provision_ref: s66
chapter: PART 10 - AMENDMENTS TO OTHER ACTS AND FINAL PROVISIONS
section: 66
title: Amendments to Planning Act 1998
content:
66. The Planning Act 1998 is amended — ( a ) by deleting the words “and for the imposition of development charges on the development of land” in the long title; ( b ) by deleting the definition of “development charge” in section 2; ( c ) by inserting, immediately after section 21, the following section: “ Full payment of land betterment charge may be condition precedent to written permission, etc. 21A. Despite any other provision in this Act, it is lawful for — ( a ) the competent authority or Minister to refuse to grant written permission under section 14 for a development or subdivision of any land; or ( b ) the competent authority to refuse to accept a lodgment of any plans for a development or subdivision of any land authorised by notification in the Gazette made under section 21(6), if any land betterment charge that is payable under the Land Betterment Charge Act 2021 with respect to the development or subdivision is not paid in full and where no deferment determination relating to the land betterment charge is in force. ”; ( d ) by deleting the words “, 29 or 39(7)” in section 22A and substituting the words “or 29”; ( e ) by repealing Parts 5 and 5A; ( f ) by repealing section 50; ( g ) by deleting paragraph ( a ) of section 60(1); and ( h ) by deleting subsection (4) of section 62.


document_id: lbca-2021
provision_ref: s67
chapter: PART 10 - AMENDMENTS TO OTHER ACTS AND FINAL PROVISIONS
section: 67
title: Amendments to Singapore Land Authority Act 2001
content:
67. The Singapore Land Authority Act 2001 is amended — ( a ) by inserting, immediately after the words “recovery of” in section 6(1)( e )(iv), the words “any land betterment charge payable under the Land Betterment Charge Act 2021, and”; ( b ) by inserting, immediately after paragraph ( e ) of section 6(1), the following paragraph: “ ( ea ) to cooperate and collaborate with the competent authority in the discharge of its functions under the Planning Act (Cap. 232) or the Planning Act 1998, when it is revised and citable by that short title; ”; and ( c ) by inserting, immediately after item 6 of the Third Schedule, the following item: “ 7. All provisions of the Land Betterment Charge Act 2021. ”.


document_id: lbca-2021
provision_ref: s68
chapter: PART 10 - AMENDMENTS TO OTHER ACTS AND FINAL PROVISIONS
section: 68
title: Saving and transitional provisions
content:
68. —(1) Despite section 66( e ), this Act does not apply to or in relation to — ( a ) any development charge that is payable under the Planning Act 1998 by virtue of an interim order served under section 38 or 39 of the Planning Act 1998 before the date of commencement of section 66( e ), and in respect of which proceedings under that Act for its recovery have started before that date; or ( b ) any temporary development levy that is payable under the Planning Act 1998 by virtue of any notice requiring the payment of the amount of temporary development levy issued under section 40B of the Planning Act 1998 before the date of commencement of section 66( e ), and in respect of which proceedings under that Act for its recovery have started before that date, and that development charge or temporary development levy (as the case may be) continues to be recoverable under the Planning Act 1998 as if section 66( e ) were not enacted. (2) Where an appeal has been made to the Minister — ( a ) under section 39(7) of the Planning Act 1998 before the date of commencement of section 66( e ); and ( b ) the appeal has not been dealt with or disposed of immediately before that date, the appeal may continue to be dealt with under Part 5 of the Planning Act 1998 as if section 66( e ) had not been enacted. (3) Except as provided in subsection (1) — ( a ) every interim order or final order served under section 38 or 39 of the Planning Act 1998 before the date of commencement of section 66( e ) requiring the payment of any development charge that is payable under the Planning Act 1998; and ( b ) every notice issued under section 40B of the Planning Act 1998 before the date of commencement of section 66( e ) requiring the payment of any temporary development levy that is payable under the Planning Act 1998, is, so far as it is not inconsistent with the provisions of this Act, to continue as if — ( c ) the interim order, final order and notice (as the case may be) are each a liability order or revised liability order given under this Act; ( d ) the development charge or temporary development levy that is the subject of the interim order, final order or notice (as the case may be) is a land betterment charge; and ( e ) the person given that interim order, final order or notice (as the case may be) is a taxable person. (4) Despite any provision of this Act, where the liability of a person to pay any development charge or temporary development levy under the Planning Act 1998 for the development of any land is deferred under — ( a ) the Planning (Deferment of Payment of Temporary Development Levy by Charities) Rules 2016 (G.N. No. S 46/2016); or ( b ) the Planning (Deferment of Payment of Development Charge by Charities) Rules 2017 (G.N. No. S 232/2017), and the deferment is in force on the date immediately before the date of commencement of section 66( e ), the liability is to continue, so far as it is not inconsistent with Part 4, as if it were a deferment determination under section 20. (5) For a period of 2 years after the date of commencement of any provision of this Act, the Minister may, by regulations, prescribe such additional provisions of a saving or transitional nature consequent on the enactment of that provision as the Minister may consider necessary or expedient. (6) Nothing in this section prejudices section 16 of the Interpretation Act 1965.


document_id: lcsca-2015
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “application”, for a liquor licence, includes an application to renew a liquor licence; “approved person” means an approved person appointed under section 3(2)( a ); “authorised officer” means an authorised officer appointed under section 3(2)( b ); “Commissioner” means the Commissioner of Police appointed under the Police Force Act 2004, and includes any police officer for the time being executing the duties of that office; “consumption permit” means a permit granted under section 13; “entrant”, in relation to a Liquor Control Zone, means an individual who is about to enter or is in the Liquor Control Zone; “event organiser”, in relation to an event, means the person who is responsible (whether fully or substantially) for the organisation and holding of the event and the receipt of revenue from the event (if any); “licensed premises”, in relation to a licensee, means the premises specified in a liquor licence at which the licensee is authorised by the liquor licence to supply liquor; “licensee” means the holder of a liquor licence; “Licensing Officer” means the officer appointed as such by the Minister under section 3(1) and includes an Assistant Licensing Officer; “liquor” means — ( a ) a beverage containing more than 0.5% ethanol by mass or volume; ( b ) a mixture of ethanol and some other substance or liquid (including water) and containing more than 0.5% ethanol by mass or volume; or ( c ) any other substance (whether or not a beverage or liquid) that is prescribed by the regulations as liquor; “Liquor Appeal Board” means the Liquor Appeal Board appointed under section 26; “Liquor Control Zone” means an area in Singapore declared under section 15(1) to be a Liquor Control Zone; “Liquor Control Zone banning notice” means a banning notice given under section 18(1); “liquor licence” means a liquor licence that is granted under section 8(1) and is in force; “no‑public drinking period” means the period prescribed by the Minister under section 12 during which an individual must not consume liquor at any public place; “permit holder” means the event organiser to whom a consumption permit is granted; “place” includes any motor vehicle, train, vessel, aircraft or other conveyance; “premises” means any house, building or structure and any place, whether open to the air or enclosed; “public place” means — ( a ) any premises to which members of the public or a section of the public have access as of right or by virtue of any express or implied permission, whether or not on payment of a fee and whether or not access to the premises may be restricted at particular times or for particular purposes, and whether or not it is an approved place within the meaning of the Public Entertainments Act 1958; or ( b ) a part of any premises that the occupier of the premises allows members of the public to enter, but only while that part is ordinarily open to members of the public; “repealed” means repealed by this Act; “responsible officer”, in relation to an applicant or a licensee, means — ( a ) where the applicant or licensee is a body corporate (other than a limited liability partnership) — a director of the body corporate; ( b ) where the applicant or licensee is a partnership — a partner of the partnership; and ( c ) where the applicant or licensee is an unincorporated association registered as such pursuant to the Societies Act 1966 — an officer of the unincorporated association; “supply”, in relation to liquor, means — ( a ) to sell, barter or exchange the liquor (whether the reward or consideration is received or to be received by the supplier specifically for the liquor or as part of services or other goods sold, bartered or exchanged); ( b ) to offer or agree to so sell, barter or exchange the liquor; or ( c ) to serve, send, forward or deliver the liquor in connection with such sale, barter or exchange, and includes causing or permitting to be supplied; “trading hours”, for licensed premises, means the times during which the supply of liquor at those licensed premises is permitted by or under this Act. [28/2017] (2) For the purposes of this Act, if a person is convicted or found guilty of an offence under any provision of this Act (called in this subsection the current offence), the person is a repeat offender if, on at least one other occasion not earlier than 5 years before the date on which the person is convicted or found guilty of the current offence — ( a ) the person had been convicted or found guilty of an offence under that same provision; ( b ) if the current offence is that under section 4(3), the person had been convicted or found guilty of an offence under the repealed section 71 or 72 of the Customs Act 1960; ( c ) if the current offence is that under section 12(4), the person had been convicted or found guilty of an offence under section 4(1) of the Public Order (Additional Temporary Measures) Act 2014 (Act 12 of 2014); ( d ) if the current offence is that under section 14(1), the person had been convicted or found guilty of an offence under the repealed section 18 of the Miscellaneous Offences (Public Order and Nuisance) Act 1906; and ( e ) if the current offence is that under section 14(2), the person had been convicted or found guilty of an offence under the repealed section 510 of the Penal Code 1871.


document_id: lcsca-2015
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Administration of Act
content:
3. —(1) The Minister may appoint a public officer to be the Licensing Officer for the purpose of this Act and may similarly appoint any number of public officers as Assistant Licensing Officers that may be necessary. (2) The Commissioner may appoint in writing — ( a ) any auxiliary police officer to be an approved person to exercise the powers of an approved person conferred by or under this Act as are specified in the appointment; and ( b ) any police officer to be an authorised officer to exercise the powers of an authorised officer conferred by or under this Act as are specified in the appointment.


document_id: lcsca-2015
provision_ref: s4
chapter: PART 2 - SUPPLY OF LIQUOR
section: 4
title: Supply of liquor to be licensed
content:
4. —(1) Subject to this section, a person must not supply any liquor unless the person is authorised by a liquor licence to supply the liquor. (2) Subsection (1) does not apply in the following circumstances: ( a ) the delivery only to a person, at the request of that person, of liquor that is owned by, or ordered under a contract of purchase by, that person; ( b ) in an emergency where the liquor is necessary to preserve life or prevent injury or further injury; ( c ) in the course of a religious service, ceremony or rite lawfully conducted by a priest or minister of religion in a place of worship; ( d ) any other circumstances that the Minister, by order in the Gazette , specifies. (3) Subject to section 16, a person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $20,000; and ( b ) where the person is a repeat offender, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 months or to both.


document_id: lcsca-2015
provision_ref: s5
chapter: PART 2 - SUPPLY OF LIQUOR
section: 5
title: Supply of liquor only at licensed premises
content:
5. —(1) Where licensed premises are specified in the liquor licence of a licensee, the licensee must not supply any liquor except at those licensed premises. (2) A licensee who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.


document_id: lcsca-2015
provision_ref: s6
chapter: PART 2 - SUPPLY OF LIQUOR
section: 6
title: Supply, etc., of liquor only during trading hours
content:
6. —(1) A licensee must not do any of the following outside of the trading hours specified in the licensee’s liquor licence or applicable by an order under subsection (2): ( a ) supply any liquor; ( b ) keep open, or cause or permit to be kept open, the licensed premises in connection with paragraph ( a ); ( c ) allow any liquor to be consumed within the licensed premises. (2) The Minister may, by order in the Gazette , and without compensation, specify that different trading hours are to apply in place of the trading hours specified in the liquor licence of — ( a ) any particular licensee described in that order; or ( b ) any class of licensees described in that order. (3) An order mentioned in subsection (2) may — ( a ) provide for the trading hours specified in the order to apply temporarily for a specific period or otherwise; and ( b ) provide for different trading hours to apply to different licensees or classes of licensees. (4) A licensee who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. (5) To avoid doubt, the Minister need not give any licensee an opportunity to be heard before exercising any power under subsection (2).


document_id: lcsca-2015
provision_ref: s7
chapter: PART 2 - SUPPLY OF LIQUOR
section: 7
title: Unlicensed person not to exhibit sign, etc.
content:
7. —(1) A person must not display, or cause or permit to be displayed, any sign, writing, painting or other mark in or at any part of any premises for the purpose of falsely claiming, suggesting or implying that the premises are licensed premises, or that any liquor may be or is supplied at the premises, when those premises are not licensed premises. (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. Division 2 &#x2014; Liquor licences


document_id: lcsca-2015
provision_ref: s8
chapter: PART 2 - SUPPLY OF LIQUOR
section: 8
title: Grant of liquor licence, etc.
content:
8. —(1) Subject to subsection (2), upon application for a liquor licence, the Licensing Officer may grant the applicant the liquor licence, or renew the liquor licence, as the case may be. (2) The Licensing Officer must not grant or renew a liquor licence if the Licensing Officer is satisfied that — ( a ) the applicant is not a fit and proper person to be granted the liquor licence or renewal; or ( b ) the premises at which the applicant proposes to supply liquor is in a location not suitable for that supply. (3) For the purposes of subsection (2)( a ), the Licensing Officer may — ( a ) require that the applicant satisfy the criteria and requirements that the Licensing Officer publishes on a prescribed website (including criteria and requirements relating to any responsible officer of the applicant and any person having substantial interest in, or control or direction over, the business of the applicant); and ( b ) publish different criteria or requirements for different classes of applicants. (4) The Licensing Officer may, in granting or renewing a liquor licence, impose any restrictions and conditions that the Licensing Officer thinks fit. (5) The Licensing Officer may, at any time after the grant or renewal of a liquor licence, and without compensation — ( a ) remove or modify any restriction or condition imposed on the liquor licence at the time of the grant or renewal; or ( b ) add any new restriction or condition to the liquor licence. (6) The Licensing Officer must, before proceeding under subsection (5), give the licensee — ( a ) written notice of the Licensing Officer’s intention to so proceed; and ( b ) an opportunity to be heard, within a reasonable time specified in the notice, as to why the removal, modification or addition (as the case may be) should not be proceeded with.


document_id: lcsca-2015
provision_ref: s9
chapter: PART 2 - SUPPLY OF LIQUOR
section: 9
title: Suspension or cancellation of liquor licence
content:
9. —(1) The Licensing Officer may, without compensation, suspend (for a period not exceeding 6 months) or cancel a liquor licence where — ( a ) any information provided by the licensee in or in connection with the licensee’s application for the liquor licence or its renewal was false or incorrect in a material particular; ( b ) the licensee has breached or is breaching any restriction or condition of the liquor licence; or ( c ) the licensee is no longer a fit and proper person within the meaning of section 8(2), taking into consideration the criteria and requirements mentioned in section 8(3). (2) The Licensing Officer must, before proceeding under subsection (1), give the licensee — ( a ) written notice of the Licensing Officer’s intention to so proceed; and ( b ) an opportunity to be heard, within a reasonable time specified in the notice, as to why the suspension or cancellation (as the case may be) should not be proceeded with. Division 3 &#x2014; Enforcement of this Part


document_id: lcsca-2015
provision_ref: s10
chapter: PART 2 - SUPPLY OF LIQUOR
section: 10
title: Entry and search, etc.
content:
10. —(1) Without affecting section 23, the Licensing Officer or a police officer may enter any premises with a view to ascertaining whether any provision of this Part or any regulations made in connection with this Part, and any restriction or condition of a liquor licence, are being complied with. (2) Without affecting subsection (1), the Licensing Officer or police officer may — ( a ) inspect the premises; ( b ) inspect any liquor at those premises or any container in those premises that the Licensing Officer or police officer reasonably suspects contains liquor (including opening the container if unopened); and ( c ) inspect any document kept in connection with the liquor, and take any copies of or extracts from the document that the Licensing Officer or police officer thinks fit. (3) Where the Licensing Officer or police officer has reasonable grounds to suspect that any provision of this Part or any regulations made in connection with this Part, or any restriction or condition of a liquor licence, has been or is being contravened, any liquor or container of liquor found in connection with the contravention may be seized by a police officer not below the rank of Assistant Superintendent of Police, or any police officer authorised by a police officer not below the rank of Assistant Superintendent of Police.


document_id: lcsca-2015
provision_ref: s11
chapter: PART 2 - SUPPLY OF LIQUOR
section: 11
title: Closure of licensed premises, etc.
content:
11. —(1) This section applies in the following circumstances: ( a ) the Commissioner is satisfied that a breach of this Act or public order, safety or peace has occurred, or is likely to occur, on or in the vicinity of licensed premises and that an order under subsection (2) is necessary to prevent or reduce a significant threat or risk to public order, safety or peace; or ( b ) an offence involving violence has been or is suspected of having been committed on licensed premises. (2) The Commissioner may, in any of the circumstances specified in subsection (1), by written order to the licensee of the licensed premises, do all or any of the following: ( a ) require the licensee to close the licensed premises for the period specified in the order but in no case exceeding 72 hours from the time the order is received by the licensee; ( b ) require the licensee to take any steps, at the expense of the licensee, that the Commissioner thinks necessary to prevent or minimise any significant threat or risk to public order, safety or peace that may arise from the supply of liquor at the licensed premises; ( c ) despite sections 8(6) and 9(2), modify any restriction or condition imposed on the liquor licence of the licensee, or add any new restriction or condition to the liquor licence, or suspend the liquor licence, with immediate effect until such time as the Commissioner is satisfied that the significant threat or risk no longer exists, or the steps required of the licensee under paragraph ( b ) have been carried out. (3) A police officer may do anything necessary and use reasonable force in ensuring that an order mentioned in subsection (2), if issued, is complied with. (4) Without limiting subsections (1)( a ) and (2), the circumstances in which there may be a significant threat or risk to public order, safety or peace include circumstances in which there is — ( a ) a threat to public health or safety; ( b ) a risk of substantial damage to property; ( c ) a significant threat to the environment; or ( d ) a risk of offences involving violence being committed.


document_id: lcsca-2015
provision_ref: s12
chapter: PART 3 - CONSUMPTION OF LIQUOR
section: 12
title: Prohibition against consumption of liquor
content:
12. —(1) An individual must not consume any liquor at any public place during any prescribed no‑public drinking period applicable to that place. (2) The Minister may, for the purposes of subsection (1), prescribe different no‑public drinking periods for different public places. (3) Subsection (1) does not apply to any consumption of liquor in the following circumstances: ( a ) consumption of liquor at any licensed premises where — (i) the liquor licence for the licensed premises allows the consumption of the liquor at the licensed premises; and (ii) the consumption is during the trading hours applicable to the licensed premises; ( b ) consumption of liquor at any public place in accordance with the terms and conditions of a consumption permit that is in force for that public place; ( c ) consumption of liquor at a prescribed public place in accordance with the conditions prescribed; ( d ) consumption of liquor in an emergency where the liquor is necessary to preserve life or prevent injury or further injury; ( e ) consumption of liquor in the course of a religious service, ceremony or rite lawfully conducted by a priest or minister of religion in a place of worship. (4) Subject to section 16, an individual who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $1,000; and ( b ) where the individual is a repeat offender, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both.


document_id: lcsca-2015
provision_ref: s13
chapter: PART 3 - CONSUMPTION OF LIQUOR
section: 13
title: Consumption permit
content:
13. —(1) Subject to subsection (3), upon application, the Commissioner or an authorised officer may grant a consumption permit for liquor to be consumed at an event held in a public place to the event organiser for the event. (2) An application mentioned in subsection (1) must be made by or on behalf of the event organiser within the time prescribed before the event concerned. (3) The Commissioner or authorised officer must not grant a consumption permit for an event held or to be held at a public place if the Commissioner or authorised officer is satisfied that the consumption of liquor at the event — ( a ) may occasion public disorder, create a public nuisance, or cause damage to any public or private property at or within the vicinity of the public place; or ( b ) may threaten the safety of any person or cause feelings of enmity, hatred, ill will or hostility between persons. (4) In granting a consumption permit for liquor to be consumed at an event held in a public place, the Commissioner or authorised officer may impose an obligation on the event organiser of the event to ensure compliance by the persons taking part in the event with the terms and conditions of the permit. (5) The Commissioner or an authorised officer may, at any time after the grant of a consumption permit, and without compensation — ( a ) remove or modify any term or condition imposed on the consumption permit at the time of its grant; or ( b ) add any new term or condition to the consumption permit. (6) The Commissioner or an authorised officer may, without compensation, suspend or cancel any consumption permit if the Commissioner or authorised officer is satisfied that the permit holder concerned has failed or is failing to comply, or has failed to take reasonable steps to ensure compliance, with any term or condition of the consumption permit. (7) The Commissioner or authorised officer must, before proceeding under subsection (5) or (6), give the permit holder concerned — ( a ) written notice of the Commissioner’s or authorised officer’s intention to so proceed; and ( b ) an opportunity to be heard, within a reasonable time specified in the notice, as to why the removal, modification, addition, suspension or cancellation (as the case may be) should not be proceeded with. (8) Nothing in this section derogates from the operation of Part 3 of the Public Order Act 2009 to an event.


document_id: lcsca-2015
provision_ref: s14
chapter: PART 3 - CONSUMPTION OF LIQUOR
section: 14
title: Drunkenness in public places, etc.
content:
14. —(1) Subject to section 16, an individual who is drunk and incapable of taking care of himself or herself in any public place shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $1,000 or to imprisonment for a term not exceeding one month or to both; and ( b ) where the individual is a repeat offender, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both. (2) Subject to section 16, whoever, while drunk — ( a ) appears in any public place, or in any premises which it is a trespass for the individual to enter; and ( b ) there conducts himself or herself in such a manner as to cause annoyance to any person, shall be guilty of an offence and shall be liable on conviction — ( c ) to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both; and ( d ) where the individual is a repeat offender, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. (3) Any police officer or approved person may at any time — ( a ) direct any specified individual to leave the public place or premises where the individual is found, including the vicinity of the public place or premises; and ( b ) dispose of any liquor in the individual’s possession (whether or not the individual was found drinking the liquor). (4) Subject to section 16, an individual who fails to comply with a direction referred to in subsection (3)( a ) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both; and ( b ) where the individual is a repeat offender, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. (5) In this section, a specified individual is — ( a ) an individual reasonably suspected of committing an offence under subsection (1) or (2); or ( b ) an individual who — (i) has consumed or is consuming liquor; (ii) appears in any public place, or in any premises which it is a trespass for the individual to enter; and (iii) there conducts himself or herself in such a manner as to cause annoyance to any person. (6) In this section, an individual is drunk if — ( a ) the individual’s speech, balance, coordination or behaviour is noticeably affected; and ( b ) it is reasonable in the circumstances to believe that the affected speech, balance, coordination or behaviour is the result of the consumption of liquor.


document_id: lcsca-2015
provision_ref: s15
chapter: PART 4 - LIQUOR CONTROL ZONES
section: 15
title: Liquor Control Zones
content:
15. —(1) Where the Minister is satisfied that any area in Singapore carries a significant risk of public disorder associated with the consumption of liquor, the Minister may, by order in the Gazette , declare the area to be a Liquor Control Zone, whether generally or for a specific period of time. (2) In deciding whether to make an order under subsection (1) in respect of any area, the Minister may have regard to any one or more of the following: ( a ) incidents of any crime in or near the area, whether or not these incidents are related to liquor consumption; ( b ) information about the consumption of liquor in or near the area (including the amount and type of liquor supplied under each liquor licence in or near the area and the restrictions and conditions of the liquor licence); ( c ) the fact that violence (whether or not related to liquor consumption) has occurred in a public place in or near the area and the exercise of powers under this Part is reasonably likely to be an effective way of preventing or reducing the occurrence of such violence in that area; ( d ) any circumstances in the area that increases the likelihood of, or prejudices the prevention of or preparedness against, any riot or other civil disturbance in the area; ( e ) any other information which the Minister considers relevant to maintaining public order, safety or peace in the area; ( f ) that it is otherwise in the public interest to make the order. (3) Once an order under subsection (1) is made, the Minister must, within 7 days after the order is published in the Gazette and before the date the order comes into force, cause to be published a notice of the Liquor Control Zone referred to in the order in a manner that will secure adequate publicity for the Liquor Control Zone. (4) The notice mentioned in subsection (3) must — ( a ) refer to the making of the order and the date on which the order will come into force; and ( b ) describe briefly the Liquor Control Zone specified in the order. (5) Any failure to comply with subsection (3) or (4) in respect of any order does not invalidate the order.


document_id: lcsca-2015
provision_ref: s16
chapter: PART 4 - LIQUOR CONTROL ZONES
section: 16
title: Enhanced penalty for certain offences committed in Liquor Control Zone
content:
16. Any person found guilty of an offence under section 4, 12 or 14 committed within a Liquor Control Zone shall be liable to not more than one and a half times the respective penalties specified in those provisions.


document_id: lcsca-2015
provision_ref: s17
chapter: PART 4 - LIQUOR CONTROL ZONES
section: 17
title: Ceasing of business activities
content:
17. —(1) The Commissioner may, by written order, require a person to cease all business activities carried on by the person at any premises within a Liquor Control Zone for a period not exceeding the period prescribed, if — ( a ) the person has contravened section 4(1) in relation to those premises; and ( b ) the Commissioner reasonably suspects the person to be contravening section 4(1) in relation to the premises again. (2) A person who fails to comply with a requirement mentioned in subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. (3) To avoid doubt, this section has effect despite any other written law authorising the carrying on of business activities at the premises specified in the order under subsection (1). Division 2 &#x2014; Liquor Control Zone banning notice


document_id: lcsca-2015
provision_ref: s18
chapter: PART 4 - LIQUOR CONTROL ZONES
section: 18
title: Liquor Control Zone banning notice
content:
18. —(1) The Commissioner or an authorised officer may give a Liquor Control Zone banning notice to an individual banning the individual, for a period specified in the notice, from one or more Liquor Control Zones or from all licensed premises in any Liquor Control Zone, if the Commissioner or authorised officer suspects, on reasonable grounds, the individual of committing or having committed an offence under section 12 or 14 wholly or partly in a Liquor Control Zone. (2) In determining whether a Liquor Control Zone banning notice for any Liquor Control Zone should be given under this section to an individual, the Commissioner or authorised officer is to have regard to each of the following: ( a ) whether the individual is likely to commit another offence under section 12 or 14 in the same or a different Liquor Control Zone; ( b ) whether the Liquor Control Zone banning notice, if so given, would be an effective and reasonable way of preventing the individual from committing another offence under section 12 or 14 in the same or a different Liquor Control Zone; ( c ) whether the commission of another offence under section 12 or 14 in the same or a different Liquor Control Zone by the individual may involve or give rise to a risk of riot, civil disturbance or any other violence in the Liquor Control Zone to which the banning notice is to relate. (3) If the Commissioner or authorised officer intends to give a Liquor Control Zone banning notice to an individual, the Commissioner or authorised officer need not first give the individual an opportunity to be heard. (4) The period specified in a Liquor Control Zone banning notice must not exceed 30 days starting from the time the notice is given to the individual. (5) Every Liquor Control Zone banning notice must be in writing and contain all of the following particulars: ( a ) the name, residence and identification particulars of the individual to whom the notice applies; ( b ) the Liquor Control Zone to which it relates, the time when the notice is given to the individual and the specified period for which the notice applies; ( c ) whether the notice bans the individual from the Liquor Control Zone or only from licensed premises in the Liquor Control Zone; ( d ) whether the notice is absolute or with exceptions and if it is with exceptions, the details of the conditions or circumstances under which the individual may enter or remain in the Liquor Control Zone. (6) The Commissioner or an authorised officer may, on the application of an individual who is subject to a Liquor Control Zone banning notice — ( a ) cancel the Liquor Control Zone banning notice; or ( b ) vary any exception in, include any exception in, or add any further exception in, the Liquor Control Zone banning notice, where there are sufficient grounds for the cancellation, variation, inclusion or addition, or it is otherwise appropriate to do so because of the individual’s special circumstances.


document_id: lcsca-2015
provision_ref: s19
chapter: PART 4 - LIQUOR CONTROL ZONES
section: 19
title: Effect of Liquor Control Zone banning notice
content:
19. —(1) An individual subject to a Liquor Control Zone banning notice shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 3 months or to both, if the individual, without reasonable excuse, does any one of the following in contravention of the Liquor Control Zone banning notice or any exceptions specified in the notice: ( a ) enters or attempts to enter a Liquor Control Zone specified in the notice or any licensed premises in the Liquor Control Zone; ( b ) remains or attempts to remain in a Liquor Control Zone specified in the notice or any licensed premises in the Liquor Control Zone. (2) Despite anything in this Act, a Liquor Control Zone banning notice does not prevent the individual subject to the notice from doing any of the following: ( a ) for a Liquor Control Zone banning notice that bans the individual from a Liquor Control Zone — entering or remaining in, or attempting to enter or remain in, the Liquor Control Zone for the purpose of the individual residing in the Liquor Control Zone or attending to the individual’s usual place of residence or work in the Liquor Control Zone; ( b ) for a Liquor Control Zone banning notice that bans the individual from all licensed premises in a Liquor Control Zone — entering or remaining in, or attempting to enter or remain in, any licensed premises in the Liquor Control Zone for the purpose of the individual residing in the licensed premises or attending to the individual’s usual place of residence or work in the licensed premises; ( c ) for a Liquor Control Zone banning notice that is with exceptions — entering or remaining in, or attempting to enter or remain in, the Liquor Control Zone specified in the notice in accordance with all the conditions and circumstances specified in the notice for the individual to enter or remain in the Liquor Control Zone.


document_id: lcsca-2015
provision_ref: s20
chapter: PART 4 - LIQUOR CONTROL ZONES
section: 20
title: Refusal of entry to and removal from Liquor Control Zone
content:
20. —(1) This section applies if — ( a ) an entrant fails to comply with a request of a police officer or an approved person made under section 21 or 22; or ( b ) a police officer or an approved person reasonably suspects that an entrant has contravened, is contravening or may contravene section 12 or 14 in relation to a Liquor Control Zone. (2) Unless the entrant is arrested — ( a ) if the entrant has entered a Liquor Control Zone, a police officer or an approved person may direct the entrant to leave and not re‑enter the Liquor Control Zone within a stated reasonable time of not more than 24 hours; and ( b ) if the entrant is about to enter a Liquor Control Zone, a police officer or an approved person may by direction refuse the entrant entry to the Liquor Control Zone for a stated reasonable time of not more than 24 hours. (3) Without affecting subsection (4), if an entrant contravenes or attempts to contravene any direction given by a police officer or an approved person under subsection (2), the police officer or approved person (as the case may be) may use reasonable force to remove the entrant from, or to prevent the entrant from entering or re‑entering, the Liquor Control Zone, as the case may be. (4) An entrant who, without reasonable excuse, contravenes any direction by a police officer or an approved person under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 3 months or to both.


document_id: lcsca-2015
provision_ref: s21
chapter: PART 5 - ENFORCEMENT
section: 21
title: Power to require information
content:
21. —(1) Where a police officer or an approved person reasonably suspects that any individual has committed or is committing any offence under this Act, the police officer or approved person may ask the individual — ( a ) to state the individual’s name and residence; and ( b ) if found in possession of any liquor, to state how or where the individual acquired the liquor. (2) An individual who fails to comply with the request of a police officer or an approved person under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 3 months or to both. (3) In this section, “residence”, in relation to an individual, means the address of the place where the individual usually lives in Singapore.


document_id: lcsca-2015
provision_ref: s22
chapter: PART 5 - ENFORCEMENT
section: 22
title: Inspection of individuals
content:
22. —(1) Where a police officer or an approved person reasonably suspects that any individual has committed or is committing any offence under this Act, the police officer or approved person may ask the individual to do one or more of the following: ( a ) allow the police officer or approved person to inspect the individual’s personal property for any container of liquor; ( b ) remove any garment worn by the individual as specified by the police officer or approved person and allow the police officer or approved person to inspect the garment for any container of liquor; ( c ) remove any thing from any garment worn by the individual and allow the police officer or approved person to inspect it for any container of liquor; ( d ) open any thing and allow the police officer or approved person to inspect it for any container of liquor; ( e ) open a vehicle under the control or in the possession of the individual, or a part of it, and allow the police officer or approved person to inspect the vehicle or the part of it for any container of liquor; ( f ) remove any thing from the vehicle and allow the police officer or approved person to inspect it for any container of liquor. (2) An individual who fails to comply with the request of a police officer or an approved person under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 3 months or to both. (3) Where, pursuant to subsection (1), the police officer or approved person finds any container of liquor, the police officer or approved person may seize the container and immediately empty the container if it is opened or dispose of the container (including its contents) if it is unopened. (4) If the container mentioned in subsection (3) is not so emptied or disposed of, the police officer or approved person must ensure that it is taken to a police station to be disposed of or to be returned at that police station to the person from whom the container was seized. (5) In this section — “inspect”, in relation to any thing, includes handling it, opening it and examining its contents; “personal property”, in relation to an individual, means things carried by the individual or things apparently in the immediate control of the individual, but does not include any garments worn by the individual.


document_id: lcsca-2015
provision_ref: s23
chapter: PART 5 - ENFORCEMENT
section: 23
title: Powers of search and seizure
content:
23. —(1) Without affecting sections 10, 14, 20, 21 and 22 and any other written law, a police officer not below the rank of sergeant may, without warrant, do any of the following if the police officer reasonably suspects that an offence under this Act has been or is being committed: ( a ) enter and search any premises or place in connection with the offence; ( b ) seize any thing in connection with the exercise of a power under paragraph ( a ) that the police officer reasonably believes to be related to that offence. (2) A police officer not below the rank of sergeant may use reasonable force in acting under this section.


document_id: lcsca-2015
provision_ref: s24
chapter: PART 5 - ENFORCEMENT
section: 24
title: Powers under other written laws
content:
24. To avoid doubt, nothing in this Act prevents the exercise by a police officer or an auxiliary police officer of any power under the Criminal Procedure Code 2010 or the Public Order Act 2009.


document_id: lcsca-2015
provision_ref: s25
chapter: PART 6 - APPEALS
section: 25
title: Appeals to Liquor Appeal Board
content:
25. —(1) An applicant or a licensee aggrieved by an appealable decision of the Licensing Officer may appeal to the Liquor Appeal Board against the decision; and the Liquor Appeal Board’s decision on the appeal is final. (2) An appealable decision of the Licensing Officer refusing to renew a liquor licence takes effect despite an appeal against that decision being made to the Liquor Appeal Board under subsection (1), unless the Liquor Appeal Board otherwise specifies. (3) In granting an appeal, the Liquor Appeal Board may impose any restrictions or conditions that the Liquor Appeal Board thinks fit on the liquor licence that is the subject of the appeal. (4) In this section, “appealable decision”, in relation to the Licensing Officer, means any of the following decisions: ( a ) a decision under section 8(1) refusing to grant or renew a liquor licence; ( b ) a decision under section 8(5) removing or modifying any restriction or condition of a liquor licence, or adding any new restriction or condition to a liquor licence; ( c ) a decision under section 9(1) suspending or cancelling a liquor licence.


document_id: lcsca-2015
provision_ref: s26
chapter: PART 6 - APPEALS
section: 26
title: Liquor Appeal Board
content:
26. —(1) For the purpose of section 25(1), the Minister is to appoint a Liquor Appeal Board comprising a chairperson, a vice‑chairperson and 5 other members. (2) A person who, in the person’s official capacity, has any dealings or is in any way concerned with the supply of any liquor or with any premises at which the supply is or may be made, must not be appointed to the Liquor Appeal Board. (3) The Minister is to appoint a public officer as a secretary to the Liquor Appeal Board. (4) All members of the Liquor Appeal Board are public servants within the meaning of the Penal Code 1871.


document_id: lcsca-2015
provision_ref: s27
chapter: PART 6 - APPEALS
section: 27
title: Appeals to Minister
content:
27. —(1) Any individual who is aggrieved by an appealable decision of the Commissioner or an authorised officer may appeal to the Minister; and the Minister’s decision on the appeal is final. (2) An appealable decision of the Commissioner or an authorised officer takes effect despite an appeal against that decision being made to the Minister under subsection (1), unless the Minister otherwise specifies. (3) The Minister may designate any Minister of State for his or her Ministry, or any Parliamentary Secretary to that Ministry, to hear, in the Minister’s place, any appeal under subsection (1). (4) In granting an appeal (other than in respect of a decision mentioned in subsection (5)( f )), the Minister may impose any restrictions, terms or conditions that the Minister thinks fit on the liquor licence, consumption permit, order under section 17(1) or Liquor Control Zone banning notice that is the subject of the appeal. (5) In this section, “appealable decision”, in relation to the Commissioner or an authorised officer (as the case may be), means any of the following: ( a ) a decision under section 11(2)( b ) to order a licensee to take steps to prevent or minimise any significant threat or risk to public order, safety or peace, or under section 11(2)( c ) modifying any restriction or condition of, or adding any new restriction or condition to, a liquor licence of a licensee, or suspending the liquor licence; ( b ) a decision under section 13(1) refusing to grant a consumption permit; ( c ) a decision under section 13(5) removing or modifying any term or condition of a consumption permit, or adding any new term or condition to a consumption permit; ( d ) a decision under section 13(6) suspending or cancelling any consumption permit; ( e ) an order under section 17(1) for a person to cease all of the person’s business activities carried on at any premises; ( f ) a decision under section 18(6) refusing to cancel a Liquor Control Zone banning notice; ( g ) a decision under section 18(6) refusing to vary or include any exception, or add any further exception, in a Liquor Control Zone banning notice.


document_id: lcsca-2015
provision_ref: s28
chapter: PART 7 - MISCELLANEOUS
section: 28
title: Provision of false or misleading information
content:
28. Any person who knowingly or recklessly provides to the Licensing Officer, the Commissioner, an authorised officer, the Liquor Appeal Board or the Minister, any false or misleading information or document in relation to any application or appeal concerning a liquor licence, a consumption permit or a Liquor Control Zone banning notice, shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $5,000; and ( b ) where the person is a repeat offender, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both.


document_id: lcsca-2015
provision_ref: s29
chapter: PART 7 - MISCELLANEOUS
section: 29
title: Exemption
content:
29. —(1) The Minister may, by order in the Gazette , exempt any person or class of persons from any provision in this Act, subject to any conditions that the Minister thinks fit. (2) This section does not apply to matters referred to in sections 4(2)( d ) and 12(3)( c ).


document_id: lcsca-2015
provision_ref: s30
chapter: PART 7 - MISCELLANEOUS
section: 30
title: Power of arrest
content:
30. Any police officer may arrest without warrant any person offending, in the police officer’s view, against any of the provisions of this Act, and take that person before a Magistrate’s Court to be dealt with according to law.


document_id: lcsca-2015
provision_ref: s31
chapter: PART 7 - MISCELLANEOUS
section: 31
title: Obstruction
content:
31. Any person who at any time hinders or obstructs any public officer or auxiliary police officer acting in the discharge of the public officer’s or auxiliary police officer’s duties under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 3 months or to both.


document_id: lcsca-2015
provision_ref: s32
chapter: PART 7 - MISCELLANEOUS
section: 32
title: Offences by bodies corporate, etc.
content:
32. —(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 act or default 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) is to apply 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 act or default 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 a limited liability partnership is proved — ( a ) to have been committed with the consent or connivance of a partner or manager of the limited liability partnership; or ( b ) to be attributable to any act or default on the part of a partner or manager of the limited liability partnership, the partner or manager (as the case may be) as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (5) 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 act or default on the part of the 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. (6) In this section — “body corporate” and “partnership” exclude a limited liability partnership within the meaning of the Limited Liability Partnerships Act 2005; “officer” — ( a ) in relation to a body corporate, means any director, 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; and ( 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 the president, secretary or member of the committee and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner. (7) 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, partnership, limited liability partnership or unincorporated association formed or recognised under the law of a territory outside Singapore.


document_id: lcsca-2015
provision_ref: s33
chapter: PART 7 - MISCELLANEOUS
section: 33
title: Composition of offences
content:
33. —(1) The Commissioner or an authorised officer 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 prosecution of the offence. (3) All sums collected under this section are to be paid into the Consolidated Fund.


document_id: lcsca-2015
provision_ref: s34
chapter: PART 7 - MISCELLANEOUS
section: 34
title: Limitation of liability
content:
34. No liability is incurred by the Licensing Officer, the Commissioner, any approved person, any authorised officer, any police officer, or any member of the Liquor Appeal Board, for anything which is done or intended to be done in good faith and with reasonable care, in the exercise or purported exercise of any power, or the performance or purported performance of any function or duty, under this Act.


document_id: lcsca-2015
provision_ref: s35
chapter: PART 7 - MISCELLANEOUS
section: 35
title: Regulations
content:
35. —(1) The Minister may make regulations prescribing matters necessary or convenient to be prescribed for carrying out this Act. (2) Without limiting subsection (1), the Minister may make regulations to prescribe all or any of the following: ( a ) the form, manner and procedure by which an application for a liquor licence is to be made, and the persons who may apply for a liquor licence; ( b ) the different categories of liquor licences that may be granted by the Licensing Officer, including liquor licences for the supply of liquor pursuant to a sale by retail and liquor licences for the supply of liquor pursuant to a sale by wholesale, and when a sale is to be regarded as being by retail or by wholesale; ( c ) the circumstances in which any liquor licence may not be granted or renewed by the Licensing Officer; ( d ) the duties and obligations of licensees, including in connection with the storage of liquor, the persons who may be employed to work at licensed premises, and the persons to whom the liquor may not be supplied; ( e ) the duties and obligations of persons working at any licensed premises, or at any event for which a consumption permit is granted, whose work involves supplying liquor; ( f ) the form, manner and procedure by which an application for a consumption permit is to be made, and the persons who may apply for a consumption permit; ( g ) the form and manner, and the time within which, any appeal under this Act is to be brought, and any procedures or proceedings relating to such appeal; ( h ) the fees and charges for anything done under this Act and the waiver, reduction or refund of fees charged; ( i ) the offences under this Act which may be compounded; ( j ) anything required to be prescribed under this Act. (3) The Minister may, in making any regulations under subsection (1), provide that any contravention or failure to comply with any of the provisions of the regulations shall be an offence punishable with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 3 months or with both.


document_id: lcsca-2015
provision_ref: s36
chapter: PART 7 - MISCELLANEOUS
section: 36
title: Presentation of regulations to Parliament
content:
36. All regulations made under this Act are to be presented to Parliament as soon as possible after publication in the Gazette .


document_id: ldica-1999
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “commercially exploit” includes — ( a ) to sell, let for hire or otherwise distribute by way of trade; ( b ) to offer or expose for sale or hire or other distribution by way of trade; or ( c ) to import for the purpose of sale, letting for hire or other distribution by way of trade, and “commercially exploited”, “commercially exploiting” and “commercial exploitation” have corresponding meanings; “Court” means the General Division of the High Court; “creator”, in the case of a computer aided design of a layout‑design, means the person who made the arrangements for the creation of the layout‑design; “exclusive licence” means a licence in writing signed by or on behalf of a qualified owner authorising the licensee, to the exclusion of all other persons, including the person granting the licence, to exercise a right that would otherwise be exercisable exclusively by the qualified owner; “integrated circuit” means a product, in its final form or an intermediate form, in which the elements, at least one of which is an active element, and some or all of the interconnections are integrally formed in and on, or in or on, a piece of material and which is intended to perform an electronic function; “layout-design” means the 3-dimensional disposition, however expressed, of the elements of an integrated circuit (at least one of which is an active element), and of some or all of the interconnections of an integrated circuit, or such a 3‑dimensional disposition prepared for an integrated circuit intended for manufacture; “protected layout‑design” means a layout-design that is protected under section 5; “qualified owner” means — ( a ) a qualified person who, under section 6(1), is the owner of a layout‑design; or ( b ) a person who, under section 6(1), is the owner of a layout‑design which was not commercially exploited anywhere else in the world before it was commercially exploited in Singapore or in a qualifying country, and includes a person, whether or not a qualified person, who is a successor in title to a qualified owner of the layout‑design; “qualified person” means — ( a ) a natural person — (i) who is a national of, or is domiciled or ordinarily resident in Singapore or in a qualifying country; or (ii) who has a real and effective industrial or commercial establishment for the creation of layout‑designs or for the production of integrated circuits in Singapore or in a qualifying country; or ( b ) a person other than a natural person — (i) the place of incorporation or place of formation of which is in Singapore or in a qualifying country; or (ii) which has a real and effective industrial or commercial establishment for the creation of layout‑designs or for the production of integrated circuits in Singapore or in a qualifying country, and includes the Government and the government of a qualifying country; “qualifying country” means — ( a ) a country or territory, other than Singapore, which is a member of the World Trade Organisation; or ( b ) a country or territory designated by the Minister under section 31. [40/2019] (2) A layout-design is taken to have been commercially exploited if the layout‑design, a copy of the layout‑design or an integrated circuit in which the layout‑design is incorporated (whether or not the integrated circuit is contained in another article) is commercially exploited. (3) A reference to doing an act in relation to a layout‑design includes a reference to doing that act in relation to a substantial part of the layout‑design. (4) A reference to a copy of a layout‑design includes a reference to a copy of a substantial part of the layout‑design.


document_id: ldica-1999
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: No protection for ideas
content:
3. This Act does not apply in relation to any idea, procedure, process, system, method of operation, concept, principle or discovery, regardless of the form in which it is described, explained, illustrated or embodied in a layout‑design.


document_id: ldica-1999
provision_ref: s5
chapter: PART 2 - PROTECTION OF LAYOUT-DESIGNS
section: 5
title: Protected layout-designs
content:
5. —(1) This Act protects a layout-design that is owned by a qualified owner and — ( a ) is original in the sense that it is the result of its creator’s own intellectual effort and is not commonplace among creators of layout‑designs and manufacturers of integrated circuits at the time of its creation; or ( b ) in the case of a layout-design that consists of a combination of elements and interconnections that are commonplace, the combination, taken as a whole, is original in the sense that it is the result of its creator’s own intellectual effort and is not commonplace among creators of layout‑designs and manufacturers of integrated circuits at the time of its creation. (2) This Act protects all independently created layout-designs referred to in subsection (1), even if they are identical and, subject to section 7, regardless of when they are, on or after 15 February 1999, created. (3) This Act does not protect a layout‑design that is created before 15 February 1999. (4) A layout-design is deemed not to have been created until it has been recorded in documentary form or incorporated into an integrated circuit, whichever is earlier.


document_id: ldica-1999
provision_ref: s6
chapter: PART 2 - PROTECTION OF LAYOUT-DESIGNS
section: 6
title: Ownership of layout-design
content:
6. —(1) Subject to any agreement to the contrary, the owner of a layout‑design is determined as follows: ( a ) where the layout-design is not created pursuant to a commission or in the course of employment — the creator of a layout‑design is the owner; ( b ) where the layout-design is created pursuant to a commission — the person who commissioned the layout‑design is the owner; and ( c ) where the layout-design is not created pursuant to a commission but is created by an employee in the course of his or her employment — the employer is the owner. (2) A qualified person can be a qualified owner even if the qualified person shares ownership with a person who is not a qualified person. (3) Where a layout-design is owned by more than one person, references in the Act to the owner are to all the owners and references in the Act to the qualified owner are to all the qualified owners so that in particular, any requirement of the consent of a qualified owner requires the consent of all the qualified owners.


document_id: ldica-1999
provision_ref: s7
chapter: PART 2 - PROTECTION OF LAYOUT-DESIGNS
section: 7
title: Duration of protection
content:
7. A layout-design ceases to be a protected layout‑design — ( a ) if it is first commercially exploited within 5 calendar years after the calendar year in which it was created, at the end of the 10th calendar year after the calendar year in which it was first commercially exploited; ( b ) in any other case, at the end of the period of 15 calendar years after the calendar year in which it was created.


document_id: ldica-1999
provision_ref: s8
chapter: PART 3 - LAYOUT-DESIGN RIGHTS AND INFRINGEMENT ACTION
section: 8
title: Rights of qualified owner
content:
8. A qualified owner has the following rights: ( a ) to copy, and to authorise the copying of, all or part of the qualified owner’s protected layout‑design, whether by incorporation into an integrated circuit or otherwise; ( b ) to commercially exploit, and to authorise the commercial exploitation of, the qualified owner’s protected layout‑design.


document_id: ldica-1999
provision_ref: s9
chapter: PART 3 - LAYOUT-DESIGN RIGHTS AND INFRINGEMENT ACTION
section: 9
title: Infringement
content:
9. Subject to the provisions of this Act, it is an infringement of a qualified owner’s right in a protected layout‑design for any person to do any of the acts referred to in section 8 without the consent of the qualified owner.


document_id: ldica-1999
provision_ref: s10
chapter: PART 3 - LAYOUT-DESIGN RIGHTS AND INFRINGEMENT ACTION
section: 10
title: Non-infringing acts
content:
10. It is not an infringement of a qualified owner’s right in a protected layout‑design — ( a ) if the copying is of any part of a protected layout‑design that does not comply with the requirement of originality referred to in section 5(1); ( b ) if the copying is done for a private purpose and not for the purpose of commercial exploitation; ( c ) if the copying is done for the sole purpose of evaluation, analysis, research or teaching; ( d ) to use the results of such evaluation, analysis or research to create a different layout‑design that complies with the requirement of originality referred to in section 5(1); ( e ) to do any of the acts referred to in section 8 in respect of the layout‑design referred to in paragraph ( d ); ( f ) for a qualified owner of another protected layout‑design — (i) that is identical to the firstmentioned protected layout‑design; and (ii) that is independently created, to do any of the acts referred to in section 8 in respect of that other layout‑design; or ( g ) to commercially exploit a copy of the protected layout‑design, an integrated circuit in which the layout‑design is incorporated or an article that contains an integrated circuit in which the layout‑design is incorporated after the copy, integrated circuit or article has been commercially exploited, whether in Singapore or elsewhere, by, or with the consent of, the qualified owner.


document_id: ldica-1999
provision_ref: s11
chapter: PART 3 - LAYOUT-DESIGN RIGHTS AND INFRINGEMENT ACTION
section: 11
title: Innocent infringement
content:
11. —(1) The rights of a qualified owner in a protected layout‑design are not infringed by a person who commercially exploits, or authorises the commercial exploitation of — ( a ) a copy of the protected layout-design; ( b ) an unauthorised integrated circuit, being an integrated circuit in which the protected layout‑design is incorporated; or ( c ) an article that contains such an integrated circuit, if, at the time when the person acquired the copy, integrated circuit or article, the person did not know, and could not be reasonably expected to have known, that the copy was unauthorised, the integrated circuit was unauthorised or that the article contained an unauthorised integrated circuit, as the case may be. (2) Where a person referred to in subsection (1) becomes aware or could reasonably be expected to become aware that the copy was unauthorised, the integrated circuit was unauthorised or that the article contains an unauthorised integrated circuit (as the case may be) that subsection continues to apply to any subsequent commercial exploitation of the copy, integrated circuit or article if and only if the person pays to the qualified owner such remuneration — ( a ) as is agreed; ( b ) as is determined by a method agreed between the person and the qualified owner; or ( c ) in default of agreement, as is determined by the Court on an application made by either of them. (3) In this section — ( a ) a copy of a protected layout-design is unauthorised if it is made without the consent of the qualified owner of the layout‑design; and ( b ) an integrated circuit which incorporates a protected layout‑design is unauthorised if such incorporation is done without the consent of the qualified owner of the layout‑design.


document_id: ldica-1999
provision_ref: s12
chapter: PART 3 - LAYOUT-DESIGN RIGHTS AND INFRINGEMENT ACTION
section: 12
title: Remedies for infringement
content:
12. —(1) A qualified owner may take whatever proceedings and seek whatever remedy by way of damages, injunctions, accounts or otherwise with respect to an infringement of the qualified owner’s rights in a protected layout‑design as are available with respect to any other property rights. (2) In any proceedings in which damages may be awarded, the Court may, having regard to all of the circumstances of the case including the flagrancy of the infringement and any benefit accruing to the defendant by reason of the infringement, award additional damages.


document_id: ldica-1999
provision_ref: s13
chapter: PART 3 - LAYOUT-DESIGN RIGHTS AND INFRINGEMENT ACTION
section: 13
title: Order for delivery up
content:
13. —(1) Where a person has in the person’s possession, custody or control — ( a ) for commercial exploitation purposes an integrated circuit in which a protected layout‑design is incorporated; or ( b ) any article which the person knows or has reason to believe has been or is to be predominantly used to make integrated circuits in which a protected layout‑design is incorporated, a qualified owner of the protected layout‑design may apply to the Court for an order that the integrated circuit or article referred to in paragraph ( b ) be delivered to the qualified owner or to another person that the Court specifies. (2) The Court may not make an order for delivery up unless it also makes, or it appears to the Court that there are grounds for making, an order under section 14. (3) A person to whom an integrated circuit or an article referred to in subsection (1)( b ) is delivered up must, if an order under section 14 is not made at the time of the order under this section, retain the integrated circuit or article pending the making of an order, or a decision not to make an order, under section 14.


document_id: ldica-1999
provision_ref: s14
chapter: PART 3 - LAYOUT-DESIGN RIGHTS AND INFRINGEMENT ACTION
section: 14
title: Order for disposal
content:
14. —(1) An application may be made to the Court for — ( a ) an order that the integrated circuit or article delivered up under section 13 be forfeited to the qualified owner, destroyed or disposed of as the Court specifies; or ( b ) a decision that no order be made under paragraph ( a ). (2) In deciding what order or decision to make under subsection (1), the Court is to have regard to whether other remedies available to the claimant would be adequate to compensate the claimant and protect the interests of the claimant. [Act 25 of 2021 wef 01/04/2022] (3) The Court is to issue directions as to the service of notice on persons having an interest in the integrated circuit or article delivered up. (4) Any person having an interest in the integrated circuit or article delivered up is entitled — ( a ) to appear in proceedings for an order under this section, whether or not the person is served with notice; and ( b ) to appeal against any order made, whether or not that person appears in the proceedings. (5) An order made under this section does not take effect until the end of the period within which notice of an appeal may be given or, if before the end of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal. (6) Where there is more than one person interested in the integrated circuit or article delivered up, the Court may direct that the integrated circuit or article be sold, or otherwise dealt with, and the proceeds divided, and may make any other order as it thinks fit. (7) If the Court decides that no order should be made under this section, the person in whose possession, custody or control the integrated circuit or article was before being delivered up is entitled to its return.


document_id: ldica-1999
provision_ref: s15
chapter: PART 3 - LAYOUT-DESIGN RIGHTS AND INFRINGEMENT ACTION
section: 15
title: Presumption of protection and ownership
content:
15. In any proceedings to enforce a qualified owner’s rights under this Part, it is presumed, unless a defendant puts the matter in issue, that in respect of the layout‑design that is the subject matter of the proceedings — ( a ) the claimant is a qualified owner of the layout‑design; and [Act 25 of 2021 wef 01/04/2022] ( b ) the layout-design is a protected layout‑design.


document_id: ldica-1999
provision_ref: s16
chapter: PART 3 - LAYOUT-DESIGN RIGHTS AND INFRINGEMENT ACTION
section: 16
title: Affidavit evidence
content:
16. —(1) In any proceedings to enforce a qualified owner’s rights under this Part, evidence may be submitted by affidavit asserting facts relevant to show that — ( a ) the claimant is a qualified owner of the layout‑design; and [Act 25 of 2021 wef 01/04/2022] ( b ) the layout-design is a protected layout‑design. (2) Where the Court considers, on the application of a party, that the deponent to an affidavit should be available to be cross‑examined with respect to matters asserted in the affidavit, it is to exclude the admission of the affidavit without the appearance of the deponent.


document_id: ldica-1999
provision_ref: s17
chapter: PART 3 - LAYOUT-DESIGN RIGHTS AND INFRINGEMENT ACTION
section: 17
title: Groundless threat of infringement proceedings
content:
17. —(1) Where a person, by means of circulars, advertisements or otherwise, threatens another person with proceedings in respect of an infringement of a right under this Part, then, whether or not the person making the threat is a qualified owner, the Court may, on the application of a person aggrieved, do one or more of the following: ( a ) declare that the threat is unjustified; ( b ) grant an injunction against the continuance of the threat; ( c ) award compensation for damage sustained. (2) The Court may not make any order under subsection (1) if the defendant satisfies the Court that the acts in respect of which the proceeding was threatened constituted, or would constitute, an infringement of a qualified owner’s right under this Part. (3) The mere notification of the existence of a right under this Part does not constitute a threat of a proceeding for the purposes of subsection (1). (4) An application may not be brought under this section where the threat is to bring a proceeding for an infringement that is alleged to consist of making or importing anything. (5) Nothing in this section renders an advocate and solicitor liable to an action under this section in respect of an act done by him or her in his or her professional capacity on behalf of a client.


document_id: ldica-1999
provision_ref: s18
chapter: PART 4 - DEALINGS WITH A LAYOUT-DESIGN RIGHT
section: 18
title: Assignments and licences of layout-design
content:
18. —(1) A right in a layout-design is movable property and is transmissible by any means by which such property may be lawfully transmitted including assignment, licence, testamentary instrument and operation of law. (2) An assignment or transmission may be total or partial. (3) An assignment is ineffective unless it is in writing and signed by or on behalf of the assignor. (4) A licence granted in respect of a layout‑design right by a qualified owner binds each successor in title to the qualified owner’s interest in the right, except a purchaser in good faith for value without notice (actual or constructive) of the licence and a person who derives title from the purchaser.


document_id: ldica-1999
provision_ref: s19
chapter: PART 4 - DEALINGS WITH A LAYOUT-DESIGN RIGHT
section: 19
title: Prospective ownership of layout-design
content:
19. —(1) Where, by an agreement made in relation to a future right in a layout‑design that is signed by or on behalf of the person who would be the owner of the right on its coming into existence, the person purports to assign the future right in the layout‑design, wholly or partially, to an assignee, the right, on coming into existence, vests in the assignee or the assignee’s successor in title. (2) Where, at the time when a layout-design right comes into existence, the person who would be entitled to the right is dead, the right devolves as if, immediately before the person’s death, the person had been the owner of the right. (3) A licence granted in respect of a future layout‑design right by a prospective qualified owner binds each successor in title to his or her interest (or prospective interest) in the right, except a purchaser in good faith for value without notice (actual or constructive) of the licence and a person who derives title from the purchaser.


document_id: ldica-1999
provision_ref: s20
chapter: PART 4 - DEALINGS WITH A LAYOUT-DESIGN RIGHT
section: 20
title: Exclusive licensee
content:
20. —(1) An exclusive licensee has the same rights against a successor in title to the qualified owner as the exclusive licensee has against the grantor of the licence. (2) An exclusive licensee has, except against the qualified owner, the same rights and remedies in respect of matters occurring after the grant of the exclusive licence as if the licence had been an assignment. (3) An exclusive licensee’s rights and remedies are concurrent with those of the qualified owner. (4) In any proceedings brought by an exclusive licensee, a defendant may avail himself, herself or itself of any defence that would have been available to the defendant if the proceedings had been brought by the qualified owner.


document_id: ldica-1999
provision_ref: s21
chapter: PART 4 - DEALINGS WITH A LAYOUT-DESIGN RIGHT
section: 21
title: Exercise of concurrent rights
content:
21. —(1) Where the qualified owner of a right in a layout‑design or an exclusive licensee brings proceedings for any infringement of a layout‑design in respect of which the owner and the exclusive licensee have concurrent rights of action, the owner or the exclusive licensee (as the case may be) need not — ( a ) join the other as a claimant; or [Act 25 of 2021 wef 01/04/2022] ( b ) add the other as a defendant, unless the Court otherwise orders. [21/2004] (2) A qualified owner must, by post or otherwise, notify any exclusive licensee who has concurrent rights of action in respect of an infringement of a layout‑design before applying for an order for delivery up under section 13. (3) The Court may, on the application of the exclusive licensee, make a delivery up order that the Court considers just having regard to the terms of the licence. (4) A qualified owner or exclusive licensee who is added as a defendant under subsection (1) is not liable for costs in the proceedings unless he or she takes part in the proceedings. (5) Where any proceedings for infringement of a qualified owner’s right in a layout‑design is brought and the proceedings relate wholly or partly to an infringement in respect of which a qualified owner and an exclusive licensee have concurrent rights of action — ( a ) the Court, in assessing damages, is to take into account the terms of the licence and any pecuniary remedy previously awarded or available to either of them in respect of the infringement; ( b ) if an account of profits is directed, the Court is to apportion the profits between them as the Court considers just, subject to any agreement between them; and ( c ) if an award of damages has been made or an account of profits has been directed in favour of either of them, the Court may not direct that an account of profits be made in favour of the other in respect of the infringement. (6) Subsection (5) applies whether or not the qualified owner and the exclusive licensee are both parties to the proceedings.


document_id: ldica-1999
provision_ref: s22
chapter: PART 5 - COMPULSORY LICENSING
section: 22
title: Interpretation of this Part
content:
22. Where an exclusive licence is in force in relation to any layout‑design rights, the provisions of this Part apply as if references to the qualified owner of the layout‑design rights were references to the exclusive licensee.


document_id: ldica-1999
provision_ref: s23
chapter: PART 5 - COMPULSORY LICENSING
section: 23
title: Use by Government for public non-commercial purpose
content:
23. —(1) An act done by the Government, or by a person authorised in writing by the Government, in relation to a protected layout‑design is not an infringement of the rights of the qualified owner in the layout‑design if the act is done for a public non‑commercial purpose. (2) An authorisation referred to in subsection (1) may be given before or after the acts in respect of which it is given have been done. (3) Without limiting the generality of the expression “public non‑commercial purpose”, an act is done for a public non‑commercial purpose if it is done — ( a ) for the defence or national security of Singapore; or ( b ) to assist in the exercise of powers and the implementation of civil defence measures during a state of emergency or state of civil defence emergency under the Civil Defence Act 1986.


document_id: ldica-1999
provision_ref: s24
chapter: PART 5 - COMPULSORY LICENSING
section: 24
title: Scope and nature of right under section 23
content:
24. —(1) The right to do an act in relation to a protected layout‑design under section 23 — ( a ) is both non-exclusive and non-assignable; ( b ) is limited to a public non‑commercial purpose; ( c ) is subject to the terms of any authorisation under that section; ( d ) does not permit the sale of the layout‑design, a copy of the layout‑design, or an integrated circuit in which the layout‑design is incorporated (whether or not the integrated circuit is contained in another article) to the public; and ( e ) is limited to the doing of the act predominantly in Singapore. (2) An act done under section 23 in relation to a protected layout‑design is not to be taken into account in calculating the duration of protection of the layout‑design under section 7.


document_id: ldica-1999
provision_ref: s25
chapter: PART 5 - COMPULSORY LICENSING
section: 25
title: Duty to inform qualified owner
content:
25. —(1) Where an act has been done under section 23 in relation to a protected layout‑design, the Government must — ( a ) if the act had been done in situations of national emergency or other circumstances of extreme urgency, as soon as reasonably practicable inform the qualified owner that the act has been done; or ( b ) in any other case, inform the qualified owner promptly that the act had been done. (2) The Government must give to the qualified owner any information about the act that the qualified owner from time to time requires. (3) Nothing in subsection (1) or (2) requires the Government to inform the qualified owner or disclose information to the qualified owner if doing so would or might reasonably be expected to prejudice the defence or security of Singapore.


document_id: ldica-1999
provision_ref: s26
chapter: PART 5 - COMPULSORY LICENSING
section: 26
title: Qualified owner entitled to remuneration
content:
26. Where an act is done under section 23 in relation to a protected layout‑design, the Government must pay to the qualified owner of the protected layout‑design the remuneration — ( a ) that is agreed; ( b ) that is determined by a method agreed between the Government and the qualified owner; or ( c ) in default of agreement, that is determined by the Court on the application of either of them.


document_id: ldica-1999
provision_ref: s27
chapter: PART 5 - COMPULSORY LICENSING
section: 27
title: Licence to remedy anti-competitive practice
content:
27. —(1) A person who claims that he or she requires a licence to do any act referred to in section 8 in relation to a protected layout‑design may apply to the Court for the grant of a licence on the ground that the grant of the licence is necessary to remedy an anti‑competitive practice. (2) If the Court is satisfied that the ground referred to in subsection (1) is established, the Court may make an order for the grant of a licence in accordance with the application upon any terms that the Court thinks fit. (3) The Court is to specify in the order the remuneration to be paid to the qualified owner for the licence that the Court considers reasonable.


document_id: ldica-1999
provision_ref: s28
chapter: PART 5 - COMPULSORY LICENSING
section: 28
title: Scope and nature of licence
content:
28. —(1) A licence granted under section 27 is — ( a ) both non-exclusive and non-assignable; ( b ) subject to the payment to the qualified owner of the remuneration specified in the Court order under section 27(3). (2) An act done pursuant to a licence granted under section 27 in relation to a protected layout‑design is not to be taken into account in calculating the duration of protection of the layout‑design under section 7.


document_id: ldica-1999
provision_ref: s29
chapter: PART 5 - COMPULSORY LICENSING
section: 29
title: Court may determine licence
content:
29. Any licence granted under section 27 may, on the application of any interested party, be terminated by the Court where the Court is satisfied that the ground on which the licence was granted ceased to exist.


document_id: ldica-1999
provision_ref: s31
chapter: PART 6 - MISCELLANEOUS
section: 31
title: Designation of qualifying countries
content:
31. —(1) The Minister may, by notification in the Gazette , designate a country or territory as a qualifying country if the Minister considers that provisions have been or will be made under the laws of that country or territory that will give to a qualified owner adequate protection in that country or territory in respect of a protected layout‑design in which the qualified owner has rights. (2) In subsection (1), “qualified owner” means a person who is a qualified owner by virtue of a relationship to Singapore under the definition of “qualified person” in section 2.


document_id: lfrfha-1953
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “local force” means any force specified in the Schedule; “Minister” means the Minister charged with the responsibility for defence.


document_id: lfrfha-1953
provision_ref: s3
section: 3
title: Application
content:
3. —(1) This Act shall apply to any member of a local force who is called out for actual service, active service or full‑time service under the provisions of any written law relating to that force, but only from such date as the Minister may, by notification in the Gazette , appoint. (2) The Minister may appoint different dates in respect of different local forces under subsection (1). (3) The Minister may, by notification in the Gazette , declare that this Act shall cease to apply to members of any local force specified in the declaration from and after such date as may be appointed therein, but the declaration shall be without prejudice to any right of relief arising out of the service of those members before that date.


document_id: lfrfha-1953
provision_ref: s4
section: 4
title: Payment of relief in cases of hardship arising from service
content:
4. —(1) Any person to whom this Act applies shall be entitled in accordance with any rules made under section 5 to relief in respect of financial hardship suffered by him or his wife or children or other dependants and arising out of his service. (2) For the purposes of this section, “service” means actual service, active service or full‑time service in a local force on and after the date appointed under section 3(1).


document_id: lfrfha-1953
provision_ref: s5
section: 5
title: Power to make rules
content:
5. —(1) The Minister may make rules regulating the application for the grant and the payment of relief under the provisions of this Act. (2) Without prejudice to the generality of subsection (1), such rules may prescribe — ( a ) the manner in which any application for relief may be made, the form of the application and the person by whom the application may be made; ( b ) the circumstances in which and the conditions under which the relief may be granted; ( c ) the amount of such relief and the principles to be followed in determining the amount; ( d ) the persons or tribunals by whom the applications may be heard and determined; ( e ) the procedure to be followed by those persons or tribunals and all matters relating thereto; and ( f ) such other matters as may be necessary or expedient for carrying this Act into effect. (3) Every such rule shall, as soon as possible after the making thereof, be presented to Parliament and if, at the next sitting of Parliament after the order is presented to it, a resolution is passed annulling the rule or any part thereof, the whole rule or such part thereof, as the case may be, shall thenceforth be void but without prejudice to the validity of anything done thereunder.


document_id: lfrfha-1953
provision_ref: s6
section: 6
title: Amendment of Schedule
content:
6. The Minister may, by notification in the Gazette , from time to time as he may think fit add to or delete from the list of local forces specified in the Schedule.


document_id: lfrfha-1953
provision_ref: s7
section: 7
title: Consultation by Minister
content:
7. The powers conferred upon the Minister by sections 3, 5 and 6 shall not be exercised so as to affect the Singapore Civil Defence Force raised and maintained under the Civil Defence Act 1986, or any member of that Force, without previous consultation with the Minister charged with the responsibility for civil defence.


document_id: liba-1958
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Bank” means the International Bank for Reconstruction and Development or the Asian Development Bank; “statutory authority” means a local authority and any body incorporated directly by any written law and exercising powers vested in such body by law for a public purpose.


document_id: liba-1958
provision_ref: s3
section: 3
title: Power of Government to borrow from International Bank
content:
3. —(1) Subject to the provisions of the Constitution and this Act, the Government may in such manner and on such terms and subject to such conditions as may be agreed between the Government and the Bank borrow from the Bank from time to time such sums as may be required by the Government. (2) Any sums borrowed by the Government under the power conferred by subsection (1) for the requirements of the Government shall be paid into the Development Fund and shall, notwithstanding section 3 of the Development Fund Act 1959, be applied and are hereby appropriated to the purposes for which they were borrowed as specified in any agreement concluded with the Bank in respect of the sums so borrowed: Provided that where any part of such a sum cannot be applied to those purposes that part may be applied to such other purposes as may be approved by the Minister and the Bank. (3) Any agreement between the Government and the Bank in respect of sums borrowed under the powers conferred by subsection (1) shall be made in the name of the Republic of Singapore and may be signed on behalf of the Government by the Minister or by any person authorised thereto in writing by the Minister. (4) As soon as possible after the conclusion of it a copy of any agreement concluded with the Bank in respect of any sum borrowed under the powers conferred by subsection (1) shall be presented by the Minister to Parliament. (5) Nothing in this section shall affect or derogate from any other power to borrow money possessed by the Government.


document_id: liba-1958
provision_ref: s4
section: 4
title: Power to issue instruments including bonds
content:
4. —(1) Notwithstanding anything in any written law, the Government may issue such bonds, promissory notes or other instruments on such terms and conditions as may be necessary for the purpose of giving effect to the terms of any agreement which may be entered into by it with the Bank in respect of any borrowing authorised by section 3(1). (2) Any such bond, promissory note or other instrument may be signed on behalf of the Government by the Minister or by any other person authorised thereto in writing by the Minister.


document_id: liba-1958
provision_ref: s5
section: 5
title: Borrowing by statutory authority from Bank
content:
5. —(1) Subject to the provisions of the Constitution and this Act, a statutory authority may in such manner and on such terms and subject to such conditions as may be agreed between the statutory authority and the Bank and with the approval in writing first obtained of the Minister borrow from the Bank from time to time such sums as may be required by the statutory authority. (2) Notwithstanding anything in the written law by which a statutory authority is established any agreement between the statutory authority and the Bank shall be valid and binding on the authority if signed on behalf of the authority by a person authorised thereto in writing under the seal of the statutory authority. (3) The power to borrow conferred by this section on a statutory authority shall be in addition to any power to borrow conferred on such authority by any other written law. (4) Notwithstanding anything in the written law by which a statutory authority is established, the statutory authority may charge or mortgage all or any of its property (movable or immovable), undertaking or revenue to secure any sum owing to the Bank in respect of sums borrowed by it under the powers conferred by subsection (1). (5) Notwithstanding anything in any written law, a statutory authority may issue such bonds, promissory notes and other instruments on such terms and conditions as may be necessary for the purpose of giving effect to the terms of any agreement which may be entered into by it with the Bank in respect of any borrowing authorised by subsection (1).


document_id: liba-1958
provision_ref: s6
section: 6
title: Application of loan moneys by statutory authority
content:
6. Any sums borrowed by a statutory authority under the powers conferred by section 5(1) shall be applied by the authority to the purposes for which the sums were borrowed as specified in any agreement concluded with the Bank in respect of the sums so borrowed: Provided that where any part of such a sum cannot be applied to the purposes aforesaid such part may be applied by the statutory authority to such other purposes as may be approved by the Minister and the Bank.


document_id: liba-1958
provision_ref: s7
section: 7
title: Power of Government to guarantee loans by Bank to statutory authorities
content:
7. —(1) The Government with the President’s concurrence under Article 144(1)( b ) of the Constitution may in such manner and on such terms and subject to such conditions as may be agreed between it and the Bank — ( a ) guarantee the discharge by a statutory authority of its obligations under any agreement which may be entered into by the statutory authority with the Bank in respect of any borrowing authorised by section 5(1) or under any bond, promissory note or other instrument issued pursuant to any such agreement; and ( b ) undertake such other obligations as may be agreed between the Government and the Bank in relation to or pursuant to any such agreement, bond, promissory note or instrument. [11/91] (2) Any guarantee or undertaking given under this section shall be given in writing in the name of the Republic of Singapore and it and any indorsement on any bond, promissory note or other instrument of any guarantee given under this section may be signed on behalf of the Government by the Minister or by any person or persons authorised thereto in writing by the Minister. (3) As soon as possible after a guarantee or undertaking is given under this section, the Minister shall present to Parliament a statement of the guarantee or undertaking.


document_id: liba-1958
provision_ref: s8
section: 8
title: Restriction on borrowing powers of statutory authority so long as guarantee outstanding
content:
8. So long as the Government continues to be liable under any guarantee or other undertaking given in exercise of the powers conferred by section 7(1) in respect of any borrowing by a statutory authority the statutory authority shall not except with the consent of the Minister exercise any other power to borrow possessed by it.


document_id: liba-1958
provision_ref: s9
section: 9
title: Powers exercisable by Government in event or prospect of default by statutory authority
content:
9. —(1) Where it is made to appear to the President that there is reasonable cause to believe — ( a ) that a statutory authority is likely to fail or be unable to discharge any of its obligations under any agreement concluded by it with the Bank or under any bond, promissory note or other instrument issued pursuant to any such agreement; and ( b ) that the Government is or may become liable under any guarantee or other undertaking given in exercise of the powers conferred by section 7(1) in respect of such obligation, the President may by order give or authorise any other person to give such directions to the statutory authority as he or that other person may from time to time think necessary or desirable to ensure that satisfactory arrangements are made by the authority to enable it duly to discharge its obligations under the agreement, bond, promissory note or instrument or under this Act. (2) The statutory authority shall notwithstanding any provision in the written law by which it is established comply with any directions given by or under any such order. (3) Nothing in this section shall affect or derogate from any other power conferred by law on the President or any Minister or public officer in respect of the statutory authority.


document_id: liba-1958
provision_ref: s10
section: 10
title: Statutory authority to repay to Government sums paid under guarantee
content:
10. —(1) If any sum is paid out of the Consolidated Fund in respect of any liability incurred by the Government under a guarantee or other undertaking given in exercise of the powers conferred by section 7(1) in respect of any borrowing by a statutory authority the statutory authority shall repay that sum (together with interest on it at the same rate as that payable on the loan under the agreement by the statutory authority with the Bank) to the Consolidated Fund in such manner and at such time or by such instalments as the Minister may direct. (2) If any sum is so paid out of the Consolidated Fund the Minister shall, as soon as possible after the end of each financial year beginning with that in which the sum was paid and ending with that in which all liability in respect of it and any interest payable on it is finally discharged by the statutory authority concerned, present to Parliament a statement relating to it.


document_id: liba-1958
provision_ref: s11
section: 11
title: Arbitration
content:
11. If any dispute between the Bank on the one part and the Government or a statutory authority or both on the other part arises under any agreement concluded or guarantee or undertaking given in exercise of the powers conferred by this Act or under any bond, promissory note or other instrument issued pursuant to any such agreement it shall be determined by arbitration in the manner agreed between the parties, and any award made in the arbitration shall be enforceable in Singapore in all respects as if it had been validly made in an arbitration under the provisions of the Arbitration Act 2001 or any other written law relating to arbitration for the time being in force in Singapore, and for the purposes of this section the provisions of that Act or law shall be binding on the Government.


document_id: liba-1958
provision_ref: s12
section: 12
title: Implementation of obligations under the agreement
content:
12. —(1) Subject to the provisions of the Constitution but notwithstanding anything in any other existing law, any agreement concluded with the Bank in respect of any borrowing authorised by section 3(1) or 5(1) and any bond, promissory note or other instrument issued pursuant to any such agreement and any guarantee or undertaking given in respect of any such agreement, bond, promissory note or instrument by the Government or a statutory authority shall be valid and enforceable and have full force and effect in Singapore in accordance with their respective terms. (2) Without prejudice to the generality of subsection (1) — ( a ) the Minister may provide by order published in the Gazette that any tax or duty payable under the Income Tax Act 1947 or the Stamp Duties Act 1929 respectively shall be remitted where such remission is necessary to give full and complete effect to any such agreement, bond, promissory note, instrument or guarantee; ( b ) nothing in the provisions of the Exchange Control Act 1953 shall apply to any transaction required to effect payment in any currency of any sum in accordance with the terms of any such agreement, instrument, bond or guarantee in any currency. (3) Neither the Government nor any agency thereof nor any statutory authority nor any central bank for Singapore which may at any time be established shall, except as is otherwise agreed between the Minister and the Bank, create any lien on any of its assets as security for any external debt unless it is expressly provided that the lien will ipso facto equally and rateably secure the payment of the principal and interest and other charges on any loan made by or any bonds, promissory notes or instruments issued pursuant to any loan made by the Bank to the Government or to a statutory authority. (4) In subsection (3) — “external debt” means any debt payable in any medium other than currency which at the time in question is legal tender for the payment of private and public debt in Singapore whether the debt is payable absolutely or at the option of the creditor in the other medium; “lien” includes mortgages, pledges, charges, privileges and priorities of any kind.


document_id: llefa-2001
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Council” means the Advisory Council established under section 6; “Endowment Fund” means the Lifelong Learning Endowment Fund established under section 3.


document_id: llefa-2001
provision_ref: s3
chapter: PART 2 - LIFELONG LEARNING ENDOWMENT FUND
section: 3
title: Establishment of Lifelong Learning Endowment Fund
content:
3. —(1) A fund called the Lifelong Learning Endowment Fund is established, into which must be paid — ( a ) all capital money appropriated from time to time from the Consolidated Fund and authorised to be paid into the Endowment Fund by this Act or any other written law; ( b ) all gifts or bequests given or made for the purposes of the Endowment Fund; and ( c ) the net income from investments of capital money in the Endowment Fund. (2) The Minister is responsible for the administration of the Endowment Fund and all moneys belonging to the Fund may be deposited in any bank and invested in any investment authorised under the Financial Procedure Act 1966. (3) The Endowment Fund must be regarded as a Government fund and as comprising public moneys for the purposes of any other written law.


document_id: llefa-2001
provision_ref: s4
chapter: PART 2 - LIFELONG LEARNING ENDOWMENT FUND
section: 4
title: Capital money of Endowment Fund
content:
4. —(1) The Minister for Finance may, from time to time, pay into the Endowment Fund any sums of capital money that the Minister may determine out of moneys to be provided by Parliament. (2) Despite the terms of any gift or bequest, all gifts and bequests given or made for the purposes of the Endowment Fund must be paid into the Fund as capital money. (3) The capital money of the Endowment Fund must not be used for any purpose other than for investment. (4) Where at any time there is a permanent diminution of the capital money of the Endowment Fund, the Minister must, before paying out any income of the Fund, make good the diminution from the income of the Fund.


document_id: llefa-2001
provision_ref: s5
chapter: PART 2 - LIFELONG LEARNING ENDOWMENT FUND
section: 5
title: Objects and application of income of Endowment Fund
content:
5. —(1) The objects for which the income of the Endowment Fund may be applied are — ( a ) the acquisition of skills and expertise by persons, and the development and upgrading of skills and expertise of persons, to enhance their employability; and ( b ) the promotion of the acquisition, development and upgrading of skills and expertise to enhance the employability of persons. (2) In carrying out the objects of the Endowment Fund, the Minister may, from time to time, authorise the income of the Fund to be paid out and expended for all or any of the following purposes: ( a ) the provision of financial assistance or incentives to persons to acquire, develop or upgrade, whether in Singapore or elsewhere, skills and expertise to enhance their employability; ( b ) the research or development, whether in Singapore or elsewhere, in or of learning methods and technology to enhance the acquisition, development or upgrading of such skills and expertise; ( c ) the promotion of the acquisition, development or upgrading of such skills and expertise; ( d ) the provision of financial assistance or incentives to persons to carry out, whether in Singapore or elsewhere, activities or programmes which are consistent with the objects of the Fund; ( e ) the establishment, expansion or maintenance of facilities, whether in Singapore or elsewhere, to be used for purposes consistent with the objects of the Fund; ( f ) any other purposes consistent with the objects of the Fund (whether carried out in Singapore or elsewhere) that are prescribed.


document_id: llefa-2001
provision_ref: s6
chapter: PART 2 - LIFELONG LEARNING ENDOWMENT FUND
section: 6
title: Advisory Council
content:
6. —(1) For the purpose of advising the Minister on the application of the income of the Endowment Fund, an Advisory Council is established, comprising such members as the Minister may appoint. (2) The Minister must appoint one of the members as chairperson. (3) The Schedule has effect with respect to the Council.


document_id: llefa-2001
provision_ref: s7
chapter: PART 3 - GENERAL FINANCIAL PROVISIONS
section: 7
title: Expenses
content:
7. All expenses incurred in connection with the administration of the Endowment Fund, including the cost of auditing the accounts of the Fund, must be defrayed out of the income of the Fund.


document_id: llefa-2001
provision_ref: s8
chapter: PART 3 - GENERAL FINANCIAL PROVISIONS
section: 8
title: Financial year of Endowment Fund
content:
8. The financial year of the Endowment Fund begins on 1 April of each year and ends on 31 March of the succeeding year.


document_id: llefa-2001
provision_ref: s9
chapter: PART 3 - GENERAL FINANCIAL PROVISIONS
section: 9
title: Accounts
content:
9. —(1) The Minister must cause to be kept proper accounts and records of all transactions and affairs relating to the Endowment Fund and must do all things necessary to ensure that all payments out of the Fund are correctly made and properly authorised and that adequate control is maintained over the assets and receipts of the Fund. (2) The Minister must, as soon as practicable after the close of each financial year, cause to be prepared and submitted financial statements in respect of that year to the auditor of the Endowment Fund.


document_id: llefa-2001
provision_ref: s10
chapter: PART 3 - GENERAL FINANCIAL PROVISIONS
section: 10
title: No payment unless authorised by Minister
content:
10. A payment must not be made out of the Endowment Fund unless the payment is authorised by the Minister.


document_id: llefa-2001
provision_ref: s11
chapter: PART 3 - GENERAL FINANCIAL PROVISIONS
section: 11
title: Appointment, powers and duties of auditor
content:
11. —(1) The accounts of the Endowment Fund must be audited by the Auditor‑General or any other auditor that may be appointed annually by the Minister after consulting the Auditor‑General. (2) A person is not qualified for appointment as an auditor under subsection (1) unless the person is a public accountant within the meaning of the Companies Act 1967. (3) The auditor or any person authorised by the auditor is entitled at all reasonable times to full and free access to all accounting and other records relating, directly or indirectly, to the financial transactions of the Endowment Fund and may make copies of, or extracts from, any such accounting and other records. (4) The auditor must state in the auditor’s report — ( a ) whether the financial statements show fairly the financial transactions and the state of affairs of the Endowment Fund; ( b ) whether proper accounting and other records have been kept, including records of all assets of the Endowment Fund; ( c ) whether receipts, expenditure, and investment of moneys and the acquisition and disposal of assets on account of the Endowment Fund during the financial year were in accordance with the provisions of this Act; and ( d ) such other matters arising from the audit as the auditor considers necessary. (5) The auditor must — ( a ) as soon as practicable after the accounts have been submitted for audit, send a report of the audit to the Minister; and ( b ) submit such periodical and special reports to the Minister as may appear to the auditor to be necessary or as the Minister may require. (6) Where the Auditor-General is not the auditor of the Endowment Fund, a copy of the audited financial statements and any report made by the auditor must be forwarded to the Auditor-General.


document_id: llefa-2001
provision_ref: s12
chapter: PART 3 - GENERAL FINANCIAL PROVISIONS
section: 12
title: Failure to furnish information to auditor
content:
12. —(1) The auditor or any person authorised by the auditor (called in this section the authorised person) may require any person to furnish the auditor or authorised person with such information in the possession of that person required or to which that person required has access as the auditor considers necessary for the purposes of the auditor’s functions under this Act. (2) Any person who, without reasonable excuse, fails to comply with any requirement of the auditor under subsection (1) or who otherwise hinders, obstructs or delays the auditor in the performance of the auditor’s duties or the exercise of the auditor’s powers shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.


document_id: llefa-2001
provision_ref: s13
chapter: PART 3 - GENERAL FINANCIAL PROVISIONS
section: 13
title: Presentation of annual report, financial statements and auditor’s report to Parliament
content:
13. The Minister must, as soon as practicable, cause an annual report in respect of the administration of the Endowment Fund during the preceding financial year to be prepared and must present a copy of the annual report and of the audited financial statements and the auditor’s report to Parliament.


document_id: llefa-2001
provision_ref: s14
chapter: PART 4 - MISCELLANEOUS PROVISIONS
section: 14
title: Making of false statement, etc.
content:
14. Any person who for any purpose connected with this Act — ( a ) knowingly makes any false statement to the Minister or a person authorised by the Minister or to the auditor or a person authorised by the auditor; or ( b ) produces or furnishes or causes or knowingly allows to be produced or furnished to the Minister or a person authorised by the Minister or to the auditor or a person authorised by the auditor, any document which the person knows to be false in a material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.


document_id: llefa-2001
provision_ref: s15
chapter: PART 4 - MISCELLANEOUS PROVISIONS
section: 15
title: Offences by body corporate, etc.
content:
15. —(1) Where an offence under this Act has been committed by a body corporate, a partnership, or an unincorporated association of persons, any person who, at the time of the commission of the offence, was a director, manager, partner, secretary or other similar officer thereof, or was purporting to act in any such capacity, shall also be guilty of that offence and shall be liable to be proceeded against and punished accordingly unless the person proves that — ( a ) the offence was committed without the person’s consent or connivance; and ( b ) the person had exercised all such diligence to prevent the commission of the offence as the person ought to have exercised having regard to the nature of the person’s functions in that capacity and to all the circumstances. (2) In relation to a body corporate whose affairs are managed by its members, “director” means a member of a body corporate.


document_id: llefa-2001
provision_ref: s16
chapter: PART 4 - MISCELLANEOUS PROVISIONS
section: 16
title: Composition of offences
content:
16. —(1) The Minister or any person authorised by the Minister 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 of money not exceeding $500. (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: llefa-2001
provision_ref: s17
chapter: PART 4 - MISCELLANEOUS PROVISIONS
section: 17
title: Regulations
content:
17. The Minister may make such regulations as are necessary or expedient for the purpose of carrying out the provisions of this Act, and, in particular, the regulations may — ( a ) prescribe the procedure for payments out of the Endowment Fund; ( b ) provide for matters relating to applications for funds, financial assistance or incentives; ( c ) prescribe the procedure of the Council; and ( d ) prescribe anything which may be prescribed under this Act.


document_id: llpa-2005
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] “Authority” means the Accounting and Corporate Regulatory Authority established under the Accounting and Corporate Regulatory Authority Act 2004; “Authority’s website” means the Authority’s Internet website; “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 or incorporated or existing in Singapore or outside Singapore and includes — ( a ) any limited liability partnership registered under this Act; and ( b ) any foreign company, but does not include — ( c ) any corporation sole; ( d ) any co-operative society; [Act 30 of 2024 wef 01/11/2024] ( e ) any registered trade union; or [Act 30 of 2024 wef 01/11/2024] ( f ) any registered platform work association; [Act 30 of 2024 wef 01/11/2024] “financial year”, in relation to a limited liability partnership, means the period in respect of which any profit and loss account of the limited liability partnership is made up, whether that period is a year or not; “firm” has the meaning given by section 2(1) of the Business Names Registration Act 2014; “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] “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; “limited liability partnership” has the meaning given by section 4(1); “limited liability partnership agreement”, in relation to a limited liability partnership, means any agreement expressed or implied between the partners of the limited liability partnership or between the limited liability partnership and its partners which determines the mutual rights and duties of the partners and their rights and duties in relation to the limited liability partnership; “liquidator” includes the Official Receiver when acting as the liquidator of a corporation; “manager”, in relation to a limited liability partnership, means any person (whether or not a partner of the limited liability partnership) who is concerned in or takes part in the management of the limited liability partnership (whether or not the person’s particulars or consent to act are lodged with the Registrar as required under section 29(2)); “officer”, in relation to a limited liability partnership, means — ( a ) any manager of the limited liability partnership; ( b ) a receiver and manager of any part of the undertaking of the limited liability partnership appointed under a power contained in any instrument; or ( c ) any liquidator of the limited liability partnership appointed in a voluntary winding up, but does not include — ( d ) any receiver who is not also a manager; ( e ) any receiver and manager appointed by the General Division of the High Court; or ( f ) any liquidator appointed by the General Division of the High Court or by the creditors; “Official Receiver” has the meaning given by section 2(1) of the Insolvency, Restructuring and Dissolution Act 2018; “partner”, in relation to a limited liability partnership, means any person who has been admitted as a partner in the limited liability partnership in accordance with the limited liability partnership agreement; “private company” has the meaning given by section 4(1) of the Companies Act 1967; “register” means any register kept and maintained under this Act; “Registrar” means the Registrar of Limited Liability Partnerships appointed under section 3(2)( a ) and includes any Deputy Registrar or Assistant Registrar appointed under section 3(2)( b ); “residential address”, in relation to an individual, means the individual’s usual place of residence; “solicitor” means an advocate and solicitor of the Supreme Court. [2/2007; 18/2014; 29/2014; 35/2014; 16/2017; 40/2018; 40/2019] (2) Where a limited liability partnership has more than one manager — ( a ) anything that the manager is required by this Act to do may be done by any one of the managers; and ( b ) anything which constitutes an offence by the manager under this Act constitutes an offence by each of the managers. (3) A reference in this Act to the managers of a limited liability partnership is, in the case of a limited liability partnership which has only one manager, a reference to that manager. (4) A reference in this Act to the doing of any act by 2 or more managers of a limited liability partnership, in the case of a limited liability partnership which has only one manager, is to the doing of that act by that manager. (5) For the purposes of sections 20(6), 21(2), 23(5) and 24(9) and (10), any reference to the Minister includes a reference to the Minister of State for his or her Ministry who is authorised by the Minister for the purpose of hearing an appeal under that section. [35/2014]


document_id: llpa-2005
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Administration of Act and appointment of Registrar of Limited Liability Partnerships, 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 consultation with the Authority and for the proper administration of this Act — ( a ) appoint an officer of the Authority to be the Registrar of Limited Liability Partnerships; and ( b ) from among the officers of the Authority, public officers and the officers of any other statutory board, appoint any number of Deputy Registrars and Assistant Registrars of Limited Liability Partnerships that the Minister considers necessary. (3) The Registrar is responsible generally for the carrying out of the provisions of this Act and for the collection of the fees under this Act and must pay all amounts so collected into the funds of the Authority. (4) The Authority may give to the Registrar directions, not inconsistent with the provisions of this Act, as to the exercise of his or her powers, functions or duties under this Act, and the Registrar must give effect to those directions. (5) The Registrar may, subject to any conditions or restrictions that he or she thinks fit, for the purposes of the administration of this Act, delegate to any person all or any of the powers, functions and duties vested in the Registrar by this Act except the power of delegation conferred by this subsection.


document_id: llpa-2005
provision_ref: s4
chapter: PART 2 - NATURE OF LIMITED LIABILITY PARTNERSHIP
section: 4
title: Separate legal personality
content:
4. —(1) A limited liability partnership is a body corporate which is formed by being registered under this Act and which has legal personality separate from that of its partners. (2) A limited liability partnership has perpetual succession. (3) Any change in the partners of a limited liability partnership does not affect the existence, rights or liabilities of the limited liability partnership.


document_id: llpa-2005
provision_ref: s5
chapter: PART 2 - NATURE OF LIMITED LIABILITY PARTNERSHIP
section: 5
title: Capacity
content:
5. A limited liability partnership is, by its name, capable of — ( a ) suing and being sued; ( b ) acquiring, owning, holding and developing or disposing of property, both movable and immovable; and ( c ) doing and suffering any other acts and things that bodies corporate may lawfully do and suffer. [16/2017]


document_id: llpa-2005
provision_ref: s6
chapter: PART 2 - NATURE OF LIMITED LIABILITY PARTNERSHIP
section: 6
title: Common seal
content:
6. —(1) A limited liability partnership may have a common seal but need not have one. [16/2017] (2) Sections 7 and 8 apply whether a limited liability partnership has a common seal or not. [5A [16/2017]


document_id: llpa-2005
provision_ref: s7
chapter: PART 2 - NATURE OF LIMITED LIABILITY PARTNERSHIP
section: 7
title: Execution of deeds by limited liability partnership
content:
7. —(1) A limited liability partnership may execute a document described or expressed as a deed without affixing a common seal to the document by signature — ( a ) on behalf of the limited liability partnership by at least 2 partners of the limited liability partnership; or ( b ) on behalf of the limited liability partnership by a partner of the limited liability partnership in the presence of a witness who attests the signature. [16/2017] (2) A document mentioned in subsection (1) that is signed on behalf of the limited liability partnership in accordance with that subsection has the same effect as if the document were executed under the common seal of the limited liability partnership. [16/2017] (3) Where a document is to be signed by a person on behalf of more than one limited liability partnership, the document is not considered to be signed by that person for the purposes of subsection (1) or (2) unless the person signs the document separately in each capacity. [16/2017] (4) This section applies in the case of a document mentioned in subsection (1) that is executed by the limited liability partnership in the name or on behalf of another person, whether or not that person is also a limited liability partnership. [5B [16/2017]


document_id: llpa-2005
provision_ref: s8
chapter: PART 2 - NATURE OF LIMITED LIABILITY PARTNERSHIP
section: 8
title: Alternative to sealing
content:
8. Where any written law or rule of law requires any document to be under or executed under the common seal of a limited liability partnership, or provides for certain consequences if it is not, a document satisfies that written law or rule of law if the document is signed in the manner set out in section 7(1)( a ) or ( b ) and (3). [5C [16/2017]


document_id: llpa-2005
provision_ref: s9
chapter: PART 2 - NATURE OF LIMITED LIABILITY PARTNERSHIP
section: 9
title: Application of provisions of Companies Act 1967
content:
9. —(1) Subject to section 8, section 41(1) to (8) of the Companies Act 1967 applies to a limited liability partnership as it applies to a corporation within the meaning of that Act. [16/2017] (2) Section 144(1)( a ) of the Companies Act 1967 applies to a limited liability partnership as it applies to a company under that Act. [5D [16/2017]


document_id: llpa-2005
provision_ref: s10
chapter: PART 2 - NATURE OF LIMITED LIABILITY PARTNERSHIP
section: 10
title: Non-applicability of partnership law
content:
10. Except as otherwise provided by this Act, the law relating to partnerships does not apply to a limited liability partnership. [6


document_id: llpa-2005
provision_ref: s11
chapter: PART 2 - NATURE OF LIMITED LIABILITY PARTNERSHIP
section: 11
title: Partners
content:
11. —(1) Any individual or body corporate may be a partner in a limited liability partnership. (2) To avoid doubt, the reference in subsection (1) to body corporate excludes any trade union or platform work association. [7 [Act 30 of 2024 wef 01/11/2024]


document_id: llpa-2005
provision_ref: s12
chapter: PART 2 - NATURE OF LIMITED LIABILITY PARTNERSHIP
section: 12
title: Limited liability of partners
content:
12. —(1) An obligation of the limited liability partnership, whether arising in contract, tort or otherwise, is solely the obligation of the limited liability partnership. (2) A partner is not personally liable, directly or indirectly, by way of indemnification, contribution, assessment or otherwise, for an obligation mentioned in subsection (1) solely by reason of being a partner of the limited liability partnership. (3) Subsections (1) and (2) do not affect the personal liability of a partner in tort for the partner’s own wrongful act or omission, but a partner is not personally liable for the wrongful act or omission of any other partner of the limited liability partnership. (4) Where a partner of a limited liability partnership is liable to any person (other than another partner of the limited liability partnership) as a result of the partner’s wrongful act or omission in the course of the business of the limited liability partnership or with its authority, the limited liability partnership is liable to the same extent as the partner. (5) The liabilities of the limited liability partnership must be met out of the property of the limited liability partnership. [8


document_id: llpa-2005
provision_ref: s13
chapter: PART 2 - NATURE OF LIMITED LIABILITY PARTNERSHIP
section: 13
title: Power of partner to bind the limited liability partnership
content:
13. —(1) Every partner of a limited liability partnership is the agent of the limited liability partnership. (2) Despite subsection (1), a limited liability partnership is not bound by anything done by a partner in dealing with a person if — ( a ) the partner has in fact no authority to act for the limited liability partnership by doing that thing; and ( b ) the person knows that the partner has no authority or does not know or believe the partner to be a partner of the limited liability partnership. (3) Where a person has ceased to be a partner of a limited liability partnership, the person (called in this subsection former partner) is to be regarded (in relation to any person dealing with the limited liability partnership) as still being a partner of the limited liability partnership unless — ( a ) the person has notice that the former partner has ceased to be a partner of the limited liability partnership; or ( b ) notice that the former partner has ceased to be a partner of the limited liability partnership has been delivered to the Registrar. [9


document_id: llpa-2005
provision_ref: s14
chapter: PART 2 - NATURE OF LIMITED LIABILITY PARTNERSHIP
section: 14
title: Relationship of partners, etc.
content:
14. —(1) Except as otherwise provided by this Act, the mutual rights and duties of the partners of a limited liability partnership, and the mutual rights and duties of a limited liability partnership and its partners, are governed — ( a ) by the limited liability partnership agreement; or ( b ) in the absence of agreement as to any matter, by any provision relating to that matter set out in the First Schedule. (2) Any reference to a resolution of partners for a particular matter is a reference to a resolution passed by all or such number of partners as may be required by the limited liability partnership agreement for that matter. [10


document_id: llpa-2005
provision_ref: s15
chapter: PART 2 - NATURE OF LIMITED LIABILITY PARTNERSHIP
section: 15
title: Cessation of partnership interest
content:
15. —(1) A partner of a limited liability partnership may cease to be a partner in accordance with the limited liability partnership agreement, or in the absence of such agreement, by that partner giving 30 days’ notice to the other partners of the partner’s intention to resign as partner. (2) Without limiting subsection (1), a partner of a limited liability partnership ceases to be a partner upon the death or dissolution of the partner. (3) Where a partner of a limited liability partnership ceases to be a partner, unless otherwise provided in the limited liability partnership agreement, the former partner, his or her personal representative or its liquidator (as the case may be) is entitled to receive from the limited liability partnership an amount — ( a ) equal to the former partner’s capital contribution to the limited liability partnership and the former partner’s right to share in the accumulated profits of the limited liability partnership after the deduction of losses of the limited liability partnership; and ( b ) determined as at the date the former partner ceased to be a partner. (4) To avoid doubt, a former partner, his or her personal representative or its liquidator (as the case may be) must not interfere in the management of the limited liability partnership. [11


document_id: llpa-2005
provision_ref: s16
chapter: PART 2 - NATURE OF LIMITED LIABILITY PARTNERSHIP
section: 16
title: Bankruptcy of partner
content:
16. Unless otherwise provided in the limited liability partnership agreement, if a partner of a limited liability partnership is adjudicated a bankrupt by a court in Singapore or elsewhere — ( a ) the bankruptcy does not by itself cause the bankrupt partner to cease being a partner of the limited liability partnership, but the restriction on the bankrupt partner being a manager of the limited liability partnership under section 58 applies; and ( b ) the Official Assignee or trustee of the estate of the bankrupt partner must not interfere in the management of the limited liability partnership but is entitled to receive distributions from the limited liability partnership that the bankrupt partner is entitled to receive under the limited liability partnership agreement. [12


document_id: llpa-2005
provision_ref: s17
chapter: PART 2 - NATURE OF LIMITED LIABILITY PARTNERSHIP
section: 17
title: Assignment of partner’s interest in distributions
content:
17. —(1) Unless otherwise provided in the limited liability partnership agreement, a partner may assign the whole or any part of the partner’s interest in the limited liability partnership but only to the extent that the assignee becomes entitled to receive distributions from the limited liability partnership that the partner would otherwise have been entitled to receive. (2) An assignment under subsection (1) does not by itself — ( a ) cause the partner to cease being a partner of the limited liability partnership; and ( b ) entitle the assignee to interfere in the management of the limited liability partnership. [13


document_id: llpa-2005
provision_ref: s18
chapter: PART 3 - REGISTRATION
section: 18
title: Registration of limited liability partnership
content:
18. Subject to the provisions of this Act, any 2 or more persons associated for carrying on a lawful business with a view to profit may, by complying with the requirements as to registration, register a limited liability partnership under this Act. [14


document_id: llpa-2005
provision_ref: s19
chapter: PART 3 - REGISTRATION
section: 19
title: Manner and particulars of registration
content:
19. —(1) A limited liability partnership may be registered under this Act if a statement by every person who is to be a partner of the limited liability partnership is lodged with the Registrar in such medium and form as the Registrar may determine, containing the following particulars: ( a ) the name of the proposed limited liability partnership; ( b ) the general nature of the proposed business of the limited liability partnership; ( c ) the proposed registered office of the limited liability partnership; ( d ) all of the following information of each individual who is to be a partner of the limited liability partnership: (i) full name; (ii) identification; (iii) nationality; (iv) residential address and contact address; [Act 21 of 2024 wef 09/12/2024] ( e ) all of the following information of each body corporate which is to be a partner of the limited liability partnership: (i) the corporate name; (ii) the place of incorporation or registration; (iii) the registration number; (iv) the registered office to which all notices and communications may be addressed; ( f ) all of the following information of each individual who is to be a manager of the limited liability partnership: (i) full name; (ii) identification; (iii) nationality; (iv) residential address and contact address; [Act 21 of 2024 wef 09/12/2024] ( g ) all of the following information of each body corporate which is to be a manager of the limited liability partnership: (i) the corporate name; (ii) the place of incorporation or registration; (iii) the registration number; (iv) the registered office to which all notices and communications may be addressed; ( h ) any other information concerning the proposed limited liability partnership that the Minister may prescribe. [35/2014] (2) The Registrar may, in any particular case, require the statement mentioned in subsection (1) to be verified in any manner that the Registrar considers fit. (3) The General Division of the High Court may, on the application of any person alleged or claiming to be a partner, direct the rectification of the register and decide any question arising under this section. [15 [40/2019]


document_id: llpa-2005
provision_ref: s20
chapter: PART 3 - REGISTRATION
section: 20
title: Registration
content:
20. —(1) On receiving the statement mentioned in section 19, the Registrar must, subject to the provisions of this Act, register the statement and issue a notice of registration in such form as the Registrar may determine. (2) On and from the date of registration specified in the notice of registration issued under subsection (1), there is a limited liability partnership, by the name specified in the notice, registered under this Act with all the attributes described in Part 2. (3) The notice of registration is conclusive evidence that the requirements of section 19 are complied with and that the limited liability partnership is registered by the name specified in the notice. (4) The Registrar may, upon receipt of the application in the prescribed form of a limited liability partnership registered under subsection (1) and on payment of the prescribed fee, issue to that limited liability partnership a certificate of confirmation of registration in such form as the Registrar may determine. (5) This section must not be construed to require the Registrar to register any limited liability partnership if he or she is not satisfied with the particulars or other information provided under this Act. (6) Any person aggrieved by the refusal of the Registrar to register a limited liability partnership of which the person is to be a partner may, within 30 days of the date of the refusal, appeal to the Minister whose decision is final. (7) The registration of any limited liability partnership does not imply that the requirements of any law in relation to any business carried on by that limited liability partnership have been complied with. [16


document_id: llpa-2005
provision_ref: s21
chapter: PART 3 - REGISTRATION
section: 21
title: Power to refuse registration
content:
21. —(1) Despite any provision in this Act or any other written law, the Registrar must refuse to register a limited liability partnership under this Act where the Registrar is satisfied that — ( a ) the proposed business is likely to be used for an unlawful purpose or for purposes prejudicial to public peace, welfare or good order in Singapore; or ( b ) it would be contrary to the national security or interest for the limited liability partnership to be registered. (2) Any person aggrieved by the decision of the Registrar under subsection (1) may, within 30 days of the date of the decision, appeal to the Minister whose decision is final. (3) For the purposes of this section, a certificate issued by 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 limited liability partnership to be registered under this Act is conclusive evidence of the matters so stated. [17


document_id: llpa-2005
provision_ref: s22
chapter: PART 3 - REGISTRATION
section: 22
title: Names of limited liability partnerships
content:
22. —(1) Every limited liability partnership must have either the words “limited liability partnership” or the acronym “LLP” as part of its name. (2) A limited liability partnership that is registered under this Act must not carry on business under a name that is not registered under section 20 or 34. (3) The registration of a name under which a limited liability partnership carries on business is not to be construed as authorising the use of that name if, apart from the registration, the use of that name could be prohibited. (4) Any limited liability partnership which contravenes this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. [18


document_id: llpa-2005
provision_ref: s23
chapter: PART 3 - REGISTRATION
section: 23
title: Reservation of limited liability partnership names
content:
23. —(1) A person may, by lodging an application with the Registrar, apply for the reservation of a name set out in the application as — ( a ) the name of a proposed limited liability partnership; or ( b ) the name to which a limited liability partnership proposes to change its name. [35/2014] (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 name to be reserved is one in respect of which a limited liability partnership may be registered having regard to section 24(1), (2) and (3). [35/2014] (3) The Registrar must refuse to approve an application to reserve a name under subsection (1) as the name of a proposed limited liability partnership if the Registrar is satisfied that — ( a ) the name is for a limited liability partnership that is likely to be used for an unlawful purpose or for purposes prejudicial to public peace, welfare or good order in Singapore; or ( b ) it would be contrary to the national security or interest for the limited liability partnership to be registered. [35/2014] (4) Where an application for a reservation of a name is made under subsection (1), the Registrar must reserve the proposed name of the proposed limited liability partnership or limited liability partnership 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. [35/2014] (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. [19 [35/2014]


document_id: llpa-2005
provision_ref: s24
chapter: PART 3 - REGISTRATION
section: 24
title: Restrictions on registration of limited liability partnership names
content:
24. —(1) Except with the consent of the Minister or as provided in subsection (3), the Registrar must refuse to register a limited liability partnership under this Act under a name, or to approve a change of name of a limited liability partnership under section 25 to a name, which, in the opinion of the Registrar — ( a ) is undesirable; ( b ) is identical to the name of any other limited liability partnership, a limited partnership or a corporation, or to a registered business name; ( c ) is identical to a name that is reserved under — (i) section 23; (ii) section 16 of the Business Names Registration Act 2014; (iii) section 17(4) of the Limited Partnerships Act 2008; or (iv) section 27(12B), section 27(12B) as applied by section 357(2), or section 378(15) of the Companies Act 1967; 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. [35/2014; 15/2017] (2) In addition to subsection (1), the Registrar must on or after 3 January 2016, except with the consent of the Minister, refuse to register a limited liability partnership under a name, or allow a limited liability partnership to change its name to a name, if — ( a ) 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 and the Fifth Schedule, 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, a period of at least 6 years has passed after the date of dissolution; ( b ) it is identical to the business name of a person whose registration and registration of that business name has been cancelled under the Business Names Registration Act 2014 or whose business has ceased under section 22 of that Act, unless a period of at least one year has passed after the date of cancellation or cessation; ( c ) 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; ( d ) it is identical to the name of a foreign company notice of the dissolution of which has been given to the Registrar of Companies under section 377(2) of the Companies Act 1967, unless a period of at least 2 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. [35/2014; 40/2018] (3) Despite subsection (1), the Registrar may, on or after 3 January 2016, register a limited liability partnership under — ( a ) a 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 kept 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 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, if a period of at least one year has passed after the date of cessation. [35/2014] (4) Despite this section and section 25, where the Registrar is satisfied that a limited liability partnership’s 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 mentioned in that subsection; ( c ) is one that is permitted to be registered under subsection (3) only after the expiry of the relevant period mentioned in that subsection; ( d ) so nearly resembles the name of any other limited liability partnership, any limited partnership or corporation 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 limited liability partnership to change its name, and the limited liability partnership 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. [35/2014] (5) The Registrar’s power under subsection (4) to direct a limited liability partnership to change its name applies regardless of — ( a ) whether the limited liability partnership’s name was registered through inadvertence or otherwise; or ( b ) when the limited liability partnership was registered in respect of the name. [35/2014] (6) Any person may apply, in writing, to the Registrar to give a direction to any limited liability partnership, on a ground referred to in subsection (4), to change the limited liability partnership’s name. [35/2014] (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 limited liability partnership was registered in respect of the name, or the date the change of the limited liability partnership’s name was approved under section 25. [35/2014] (8) Any limited liability partnership which fails to comply with a direction given under subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 and, in the case of a continuing offence, to a further fine not exceeding $200 for every day or part of a day during which the offence continues after conviction. [35/2014] (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. [35/2014] (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 mentioned in subsection (4)( e ). [35/2014; 40/2019] (11) In this section, “registered business name” has the meaning given by section 2(1) of the Business Names Registration Act 2014. [19A [35/2014]


document_id: llpa-2005
provision_ref: s25
chapter: PART 3 - REGISTRATION
section: 25
title: Change of limited liability partnership name
content:
25. —(1) An application by a limited liability partnership to change the name under which it was registered is to be lodged with the Registrar. [35/2014] (2) On approving the application, the Registrar must issue to the limited liability partnership a notice of change of name stating the date of the change. [35/2014] (3) Any application for a change of a limited liability partnership name is subject to section 24. [19B [35/2014]


document_id: llpa-2005
provision_ref: s26
chapter: PART 4 - CONVERSION TO LIMITED LIABILITY PARTNERSHIP
section: 26
title: Conversion from firm to limited liability partnership
content:
26. —(1) A firm may convert to a limited liability partnership by complying with the requirements as to the conversion set out in the Second Schedule. (2) Upon the conversion, the partners of the firm, the limited liability partnership to which the firm has converted and the partners of that limited liability partnership are bound by the provisions of the Second Schedule that are applicable to them. (3) The Minister may, by order in the Gazette , amend, add to or vary the provisions in the Second Schedule. (4) Any order made under subsection (3) must be presented to Parliament as soon as possible after publication in the Gazette . (5) In this section, “convert”, in relation to a firm converting to a limited liability partnership, means a transfer of the property, assets, interests, rights, privileges, liabilities, obligations and the undertaking of the firm to the limited liability partnership in accordance with the Second Schedule. [20


document_id: llpa-2005
provision_ref: s27
chapter: PART 4 - CONVERSION TO LIMITED LIABILITY PARTNERSHIP
section: 27
title: Conversion from private company to limited liability partnership
content:
27. —(1) A private company may convert to a limited liability partnership by complying with the requirements as to the conversion set out in the Third Schedule. (2) Upon the conversion, the private company, its shareholders, the limited liability partnership to which the private company has converted and the partners of that limited liability partnership are bound by the provisions of the Third Schedule that are applicable to them. (3) The Minister may, by order in the Gazette , amend, add to or vary the provisions in the Third Schedule. (4) Any order made under subsection (3) must be presented to Parliament as soon as possible after publication in the Gazette . (5) In this section, “convert”, in relation to a private company converting to a limited liability partnership, means a transfer of the property, assets, interests, rights, privileges, liabilities, obligations and the undertaking of the private company to the limited liability partnership in accordance with the Third Schedule. [21


document_id: llpa-2005
provision_ref: s28
chapter: PART 5 - MANAGEMENT AND ADMINISTRATION
section: 28
title: Minimum of 2 partners
content:
28. —(1) Every limited liability partnership must have at least 2 partners. (2) If a limited liability partnership carries on business with fewer than 2 partners for a period of more than 2 years, a person is (despite section 12(1) and (2)) personally liable, jointly and severally with the limited liability partnership, for any obligation of the limited liability partnership incurred during the period that the limited liability partnership so carries on business after those 2 years if, at the time the obligation was incurred, the person — ( a ) was a partner of the limited liability partnership; and ( b ) knew that the limited liability partnership was carrying on business with fewer than 2 partners for a period of more than 2 years. [22


document_id: llpa-2005
provision_ref: s29
chapter: PART 5 - MANAGEMENT AND ADMINISTRATION
section: 29
title: Manager
content:
29. —(1) Every limited liability partnership must ensure that it has at least one manager who — ( a ) is a natural person; ( b ) has attained 18 years of age and is otherwise of full legal capacity; and ( c ) is ordinarily resident in Singapore. [7/2009] (2) Every limited liability partnership must ensure that the particulars of every person who acts as manager of the limited liability partnership and the person’s consent to act as such are lodged with the Registrar in such medium and form as the Registrar may determine. (3) A manager is — ( a ) answerable for the doing of all acts, matters and things, as are required to be done by the limited liability partnership under sections 30, 33 and 34; and ( b ) personally liable for all penalties imposed on the limited liability partnership for any contravention of those sections unless the manager satisfies the court hearing the matter that the manager should not be so liable. (4) If a limited liability partnership contravenes subsection (1), the limited liability partnership and every partner of the limited liability partnership 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 $200 for every day or part of a day during which the offence continues after conviction. (5) Any limited liability partnership which contravenes subsection (2) 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 $200 for every day or part of a day during which the offence continues after conviction. [23


document_id: llpa-2005
provision_ref: s30
chapter: PART 5 - MANAGEMENT AND ADMINISTRATION
section: 30
title: Annual declaration
content:
30. —(1) Every limited liability partnership must lodge with the Registrar a declaration by one of its managers that, in that manager’s opinion, the limited liability partnership either — ( a ) appears as at that date to be able to pay its debts as they become due in the normal course of business; or ( b ) does not appear as at that date to be able to pay its debts as they become due in the normal course of business. [16/2017] (2) The declaration mentioned in subsection (1) must also contain such particulars of, or information concerning, the limited liability partnership as may be prescribed. [16/2017] (3) The declaration mentioned in subsection (1) must be lodged not later than 15 months after the registration of the limited liability partnership and subsequently once in every calendar year at intervals of not more than 15 months. (4) Despite subsection (3), the Registrar may, on application by a limited liability partnership, and if he or she thinks fit, grant an extension of time for the lodging of the declaration mentioned in subsection (1). (5) If a limited liability partnership fails to lodge the declaration mentioned in subsection (1) within the time or extended time referred to in subsections (3) and (4), the limited liability partnership shall be — ( a ) guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000; and ( b ) paragraph 3(2)( d ) of the Fifth Schedule applies. (6) A manager who makes a declaration mentioned in subsection (1)( a ) without having reasonable grounds for the manager’s opinion, shall be guilty of an offence and shall be liable on conviction — ( a ) in the case where the manager is an individual, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both; or ( b ) in any other case, to a fine not exceeding $5,000. (7) Any person who, in connection with a declaration made under this section, makes a statement or provides information (whether directly or indirectly) to a manager that is false or misleading in a material particular, when the person knows or ought reasonably to have known that the statement or information is false or misleading in a material particular, shall be guilty of an offence and shall be liable on conviction — ( a ) in the case where the person is an individual, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both; or ( b ) in any other case, to a fine not exceeding $10,000. (8) If an offence under this section is committed with intent to defraud creditors of the limited liability partnership or for a fraudulent purpose, the offender shall be liable on conviction — ( a ) in the case where the offender is an individual, to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 3 years or to both; or ( b ) in any other case, to a fine not exceeding $15,000. [24


document_id: llpa-2005
provision_ref: s31
chapter: PART 5 - MANAGEMENT AND ADMINISTRATION
section: 31
title: Accounts
content:
31. —(1) Every limited liability partnership must keep such accounting and other records as will sufficiently explain the transactions and financial position of the limited liability partnership and enable profit and loss accounts and balance sheets to be prepared from time to time which give a true and fair view of the state of affairs of the limited liability partnership. (2) The limited liability partnership must retain the records referred to in subsection (1) for a period of at least 5 years from the end of the financial year in which the transactions or operations to which those records relate are completed. [2/2007] (3) The records referred to in subsection (1) must be kept at such place as the partners think fit and must at all times be open to inspection by the partners. (4) The Registrar may, by written notice to the limited liability partnership or any of its partners, require the limited liability partnership or that partner to produce the records referred to in subsection (1) for the Registrar’s inspection within the time and at the place specified in that notice. (5) If a limited liability partnership contravenes subsection (1), (2) or (3), the limited liability partnership and every partner of the limited liability partnership shall be guilty of an offence and shall be liable on conviction — ( a ) in the case where the offender is an individual, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both; or ( b ) in any other case, to a fine not exceeding $10,000. (6) Any person who fails to comply with a requirement under subsection (4) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case where the offender is an individual, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both; or ( b ) in any other case, to a fine not exceeding $10,000. [25


document_id: llpa-2005
provision_ref: s32
chapter: PART 5 - MANAGEMENT AND ADMINISTRATION
section: 32
title: Registered office
content:
32. —(1) Every limited liability partnership must have a registered office within Singapore to which all communications and notices may be addressed. (2) A document may be served on a limited liability partnership by leaving it at or sending it by registered post to the registered office of the limited liability partnership. (3) A limited liability partnership may change the address of its registered office by lodging with the Registrar notice of the change in such medium and form as the Registrar may determine, and any such change takes effect only upon the lodgment. [26


document_id: llpa-2005
provision_ref: s33
chapter: PART 5 - MANAGEMENT AND ADMINISTRATION
section: 33
title: Publication of name and limited liability
content:
33. —(1) Every limited liability partnership must ensure that its invoices and official correspondence bear the following: ( a ) the name and registration number of the limited liability partnership; ( b ) a statement that it is registered with limited liability. (2) Any limited liability partnership which contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and, in the case of a continuing offence, to a further fine not exceeding $200 for every day or part of a day during which the offence continues after conviction. [27


document_id: llpa-2005
provision_ref: s34
chapter: PART 5 - MANAGEMENT AND ADMINISTRATION
section: 34
title: Registration of change in particulars
content:
34. —(1) A limited liability partnership must lodge with the Registrar — ( a ) within 14 days after the appointment of a new partner of the limited liability partnership, a statement containing the particulars mentioned in section 19(1)( d ) or ( e ) (as the case may be) of the new partner; ( b ) within 14 days after the appointment of a new manager of the limited liability partnership, a statement containing the particulars mentioned in section 19(1)( f ) or ( g ) (as the case may be) of the manager; ( c ) within 14 days after a partner or manager ceases to be a partner or manager of the limited liability partnership, a statement of that fact; ( d ) within 14 days after any change in the particulars of any partner or manager of the limited liability partnership that have been lodged with the Registrar under this Act, other than the partner’s or manager’s residential address, a statement containing the particulars of the change; or ( e ) within 14 days after any other change that is made or that occurs in any of the particulars registered in respect of any limited liability partnership, a statement specifying the nature and date of the change, and containing any other information that may be prescribed. [35/2014] (2) The Registrar may, on application by the limited liability partnership, extend the period referred to in subsection (1)( a ) to ( e ). [35/2014] (3) Any person who ceases to be a partner or manager of a limited liability partnership may himself, herself or itself lodge with the Registrar the statement mentioned in subsection (1)( c ) if the person has reasonable cause to believe that the limited liability partnership will not lodge the statement with the Registrar. [35/2014] (4) A partner or manager, who is an individual, who changes his or her residential address must lodge with the Registrar a notice of the new residential address within 14 days after the date of change. [35/2014] (5) Where a partner or manager 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 partner or manager is to be taken to have informed the Registrar of the change of residential address in compliance with subsection (4). [35/2014] (6) The Registrar may, in any particular case, require a statement lodged under subsection (1) to be rectified in any manner that the Registrar considers fit. [35/2014] (7) Any statement required to be lodged under this section must be in such medium and form as the Registrar may determine. [35/2014] (8) Any — ( a ) limited liability partnership which contravenes subsection (1); or ( b ) partner or manager of a limited liability partnership who contravenes subsection (4), 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 $200 for every day or part of a day during which the offence continues after conviction. (9) A statement lodged on or after the date of commencement of section 54 of the ACRA (Registry and Regulatory Enhancements) Act 2024 — ( a ) in relation to the appointment of a new partner (who is an individual) for the purposes of subsection (1)( a ), must contain the particulars mentioned in section 19(1)( d ) as in force when the statement is lodged, despite the new partner having been appointed before that date; and ( b ) in relation to the appointment of a new manager (who is an individual) for the purposes of subsection (1)( b ) must contain the particulars mentioned in section 19(1)( f ) as in force when the statement is lodged, despite the new manager having been appointed before that date. [28 [35/2014] [Act 21 of 2024 wef 09/12/2024]


document_id: llpa-2005
provision_ref: s35
chapter: PART 5 - MANAGEMENT AND ADMINISTRATION
section: 35
title: Duty of partners and managers to provide information to limited liability partnership
content:
35. —(1) A partner or manager (as the case may be) must give the limited liability partnership — ( a ) any information the limited liability partnership needs to comply with section 34(1)( a ) or ( b ) (as the case may be) as soon as practicable but not later than 14 days after his, her or its initial appointment as a partner or manager unless the partner or manager has previously given the information to the limited liability partnership in writing; and ( b ) any information the limited liability partnership needs to comply with section 34(1)( d ) as soon as practicable but not later than 14 days after the date of change to the information referred to in that provision. [35/2014] (2) Despite subsection (1), but subject to subsection (3) — ( a ) a partner of a limited liability partnership must, if requested by the limited liability partnership, give the limited liability partnership any information mentioned in section 19(1)( d ) or ( e ); and ( b ) a manager of a limited liability partnership must, if requested by the limited liability partnership, give the limited liability partnership any information mentioned in section 19(1)( f ) or ( g ), for the purpose of enabling the limited liability partnership to confirm its record of the information or reinstate its record of the information where the original record of the information has been destroyed or lost. [35/2014] (3) The partner or manager of a limited liability partnership mentioned in subsection (2) must provide the information to the limited liability partnership as soon as practicable but not later than 14 days after receipt of a written request for the information from the limited liability partnership. [35/2014] (4) A partner or manager of a limited liability partnership who is bound to comply with a requirement under this section and fails to do so 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 $200 for every day or part of a day during which the offence continues after conviction. (5) Where a partner or manager (who is an individual) gives information to a limited liability partnership under subsection (1)( a ) or (2) on or after the date of commencement of section 55 of the ACRA (Registry and Regulatory Enhancements) Act 2024 in relation to his or her appointment, the information given must be in accordance with section 19(1)( d ) or ( f ) (as the case may be) as in force when the information is given, despite the appointment having taken place before the date of commencement. [28A [35/2014] [Act 21 of 2024 wef 09/12/2024]


document_id: llpa-2005
provision_ref: s36
chapter: PART 5 - MANAGEMENT AND ADMINISTRATION
section: 36
title: Request for copy of notice of registration, etc.
content:
36. —(1) A person may, on payment of such fee 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. [35/2014] [Act 21 of 2024 wef 09/12/2024] (2) Any copy or extract given under subsection (1) which is certified to be a true copy or extract by the Registrar is, in any proceedings, admissible in evidence as of equal validity as the original document. [35/2014] (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 82. (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 56 of the ACRA (Registry and Regulatory Enhancements) Act 2024 using a form on the electronic transaction system, the reference to the 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 56 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). [28B [35/2014] [Act 21 of 2024 wef 09/12/2024]


document_id: llpa-2005
provision_ref: s37
chapter: PART 5 - MANAGEMENT AND ADMINISTRATION
section: 37
title: Transitional provision for contact address
content:
37. —(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 34(1)( d ), to have been lodged with the Registrar under this Act. (4) In this section, “commencement date” means the date of commencement of section 57 of the ACRA (Registry and Regulatory Enhancements) Act 2024. [Act 21 of 2024 wef 09/12/2024]


document_id: llpa-2005
provision_ref: s38
chapter: PART 6 - RECEIVERSHIP AND WINDING UP
section: 38
title: Receivership
content:
38. The provisions of the Fourth Schedule apply to the appointment of a receiver or receiver and manager of the property of a limited liability partnership, and to the receivership of a limited liability partnership. [29


document_id: llpa-2005
provision_ref: s39
chapter: PART 6 - RECEIVERSHIP AND WINDING UP
section: 39
title: Winding up
content:
39. —(1) The winding up of a limited liability partnership may be either voluntary or by the General Division of the High Court and, unless inconsistent with the context, the provisions of the Fifth Schedule apply to the winding up of a limited liability partnership in either of these modes. [40/2019] (2) The provisions of the Fifth Schedule relating to the remedies against the property of a limited liability partnership and the priorities of debts bind the Government. [30


document_id: llpa-2005
provision_ref: s40
chapter: PART 6 - RECEIVERSHIP AND WINDING UP
section: 40
title: Amendment of Fourth and Fifth Schedules
content:
40. —(1) Subject to subsections (2) and (3), the Minister may, by order in the Gazette , amend the Fourth or Fifth Schedule. (2) The Minister must not amend the Fourth or Fifth Schedule to increase the maximum penalty for any of the offences in the Schedules. (3) The Minister may amend the Fourth or Fifth Schedule to include a new offence provided that the maximum penalty for the new offence does not exceed a fine of $2,000 or a term of imprisonment of 12 months and, in the case of a continuing offence, the maximum penalty does not exceed a fine of $200 for every day or part of a day during which the offence continues after conviction. (4) Any order made under subsection (1) must be presented to Parliament as soon as possible after publication in the Gazette . [31


document_id: llpa-2005
provision_ref: s41
chapter: PART 6 - RECEIVERSHIP AND WINDING UP
section: 41
title: Debt owed to partner
content:
41. —(1) Any sum due to a partner of a limited liability partnership (in the partner’s capacity as a partner) is not a debt of the limited liability partnership payable to that partner in a case of competition between that partner and any other creditor who is not a partner, but any such sum may be taken into account for the purpose of the final adjustment of the rights of the partners among themselves. (2) Subsection (1) does not apply to any sum due to a partner as repayment of a loan made in good faith by the partner to the limited liability partnership. [32


document_id: llpa-2005
provision_ref: s42
chapter: PART 6A - REGISTER OF CONTROLLERS
section: 42
title: Application of this Part
content:
42. —(1) This Part applies to all limited liability partnerships other than a limited liability partnership that is set out in the Sixth Schedule. [16/2017] (2) The obligation to comply with this Part extends to all natural persons, whether resident in Singapore or not and whether citizens of Singapore or not, and to all entities, whether formed, constituted or carrying on business in Singapore or not. [16/2017] (3) This Part extends to acts done or omitted to be done outside Singapore. [32A [16/2017]


document_id: llpa-2005
provision_ref: s43
chapter: PART 6A - REGISTER OF CONTROLLERS
section: 43
title: Interpretation of this Part
content:
43. In this Part, unless the context otherwise requires — “approved exchange” has the meaning given by section 2(1) of the Securities and Futures Act 2001; “controller” means an individual controller or a corporate controller; “corporate controller”, in relation to a limited liability partnership, means a legal entity which has a significant interest in, or significant control over, the limited liability partnership; “individual controller”, in relation to a limited liability partnership, means an individual who has a significant interest in, or significant control over, the limited liability partnership; “legal entity” means any body corporate formed or incorporated or existing in Singapore or outside Singapore and includes a foreign company; “register of controllers” or “register”, in relation to a limited liability partnership to which this Part applies, means the register that the limited liability partnership is required to keep of its registrable controllers under section 47(1), (1A), (2) or (3); [Act 23 of 2024 wef 16/06/2025] [ Deleted by 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] “significant control”, in relation to a limited liability partnership, has the meaning given to it in the Seventh Schedule; “significant interest”, in relation to a limited liability partnership, has the meaning given to it in the Seventh Schedule. [32B [16/2017]


document_id: llpa-2005
provision_ref: s44
chapter: PART 6A - REGISTER OF CONTROLLERS
section: 44
title: Meaning of “registrable”
content:
44. For the purposes of this Part, in relation to a limited liability partnership ( X ), a controller ( A ) is registrable unless — ( a ) A ’s significant interest in or significant control over X is only through one or more controllers ( B ) of X ; ( b ) A is a controller of B (or each B if more than one); and ( c ) B (or each B if more than one) is either — (i) a limited liability partnership to which this Part applies and which is required to keep a register of controllers under section 47; (ii) a limited liability partnership set out in the Sixth Schedule; (iii) a company, or a foreign company to which Part 11A of the Companies Act 1967 applies, that is required to keep a register of controllers of companies or foreign companies under that Act; (iv) a company that is set out in the Fourteenth Schedule to the Companies Act 1967; (v) a foreign company that is set out in the Fifteenth Schedule to the Companies Act 1967; (vi) a corporation whose shares are listed for quotation on an approved exchange; or (vii) a trustee of an express trust to which Part 7 of the Trustees Act 1967 applies. [32C [16/2017]


document_id: llpa-2005
provision_ref: s45
chapter: PART 6A - REGISTER OF CONTROLLERS
section: 45
title: State of mind of corporation, unincorporated association, etc.
content:
45. —(1) Where, in a proceeding for an offence under this Part, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that — ( a ) an officer, employee or agent of the corporation engaged in that conduct within the scope of the officer’s, employee’s or agent’s actual or apparent authority; and ( b ) the officer, employee or agent had that state of mind, is evidence that the corporation had that state of mind. [16/2017] (2) Where, in a proceeding for an offence under this Part, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that — ( a ) an employee or agent of the unincorporated association or the partnership engaged in that conduct within the scope of the employee’s or agent’s actual or apparent authority; and ( b ) the employee or agent had that state of mind, is evidence that the unincorporated association or partnership had that state of mind. [32D [16/2017]


document_id: llpa-2005
provision_ref: s46
chapter: PART 6A - REGISTER OF CONTROLLERS
section: 46
title: Meaning of “legal privilege”
content:
46. —(1) For the purposes of this Part, information or a document is subject to legal privilege if — ( a ) it is a communication made between a lawyer and a client, or between a legal counsel acting as legal counsel and the legal counsel’s employer, in connection with the lawyer giving legal advice to the client or the legal counsel giving legal advice to the employer, as the case may be; ( b ) it is a communication made between 2 or more lawyers acting for a client, or 2 or more legal counsel acting as legal counsel for their employer, in connection with one or more of the lawyers giving legal advice to the client or one or more of the legal counsel giving legal advice to the employer, as the case may be; ( c ) it is a communication made — (i) between a client, or an employer of a legal counsel, and another person; (ii) between a lawyer acting for a client and either the client or another person; or (iii) between a legal counsel acting as such for the legal counsel’s employer and either the employer or another person, in connection with, and for the purposes of, any legal proceedings (including anticipated or pending legal proceedings) in which the client or employer (as the case may be) is or may be, or was or might have been, a party; ( d ) it is an item, or a document (including its contents), that is enclosed with or mentioned in any communication in paragraph ( a ) or ( b ) and that is made or prepared by any person in connection with a lawyer or legal counsel, or one or more of the lawyers or legal counsel, in either paragraph giving legal advice to the client or the employer of the legal counsel, as the case may be; or ( e ) it is an item, or a document (including its contents), that is enclosed with or mentioned in any communication in paragraph ( c ) and that is made or prepared by any person in connection with, and for the purposes of, any legal proceedings (including anticipated or pending legal proceedings) in which the client or the employer of the legal counsel (as the case may be) is or may be, or was or might have been, a party, but it is not any such communication, item or document that is made, prepared or held with the intention of furthering a criminal purpose. [16/2017] (2) In subsection (1) — “client”, in relation to a lawyer, includes an agent of or other person representing a client and, if a client has died, a personal representative of the client; “employer”, in relation to a legal counsel, includes — ( a ) if the employer is one of a number of corporations that are related to each other under section 6 of the Companies Act 1967, every corporation so related as if the legal counsel is also employed by each of the related corporations; ( b ) if the employer is a public agency within the meaning of section 128A(6) of the Evidence Act 1893 and the legal counsel is required as part of the legal counsel’s duties of employment or appointment to provide legal advice or assistance in connection with the application of the law or any form of resolution of legal dispute to any other public agency or agencies, the other public agency or agencies as if the legal counsel is also employed by the other public agency or each of the other public agencies; and ( c ) an employee or officer of the employer; “lawyer” means a solicitor or a professional legal adviser, and includes an interpreter or other person who works under the supervision of a solicitor or a professional legal adviser; “legal counsel” means a legal counsel as defined in section 3(7) of the Evidence Act 1893, and includes an interpreter or other person who works under the supervision of a legal counsel. [32E [16/2017]


document_id: llpa-2005
provision_ref: s47
chapter: PART 6A - REGISTER OF CONTROLLERS
section: 47
title: Register of controllers
content:
47. —(1) A limited liability partnership registered under this Act on or after 31 March 2017 but before the appointed day, must keep a register of its registrable controllers not later than 30 days after the date of the limited liability partnership’s registration. [16/2017] [Act 23 of 2024 wef 16/06/2025] (1A) A limited liability partnership registered under this Act on or after the appointed day must keep a register of its registrable controllers starting on the date of its registration. [Act 23 of 2024 wef 16/06/2025] (2) A limited liability partnership registered under this Act before 31 March 2017 must keep a register of its registrable controllers not later than 60 days after that date. [16/2017] (3) If a limited liability partnership that is not a limited liability partnership to which this Part applies subsequently becomes a limited liability partnership to which this Part applies, the limited liability partnership must keep a register of its registrable controllers not later than 60 days after the date on which this Part applies or re‑applies to the limited liability partnership. [16/2017] (4) A limited liability partnership must ensure that its register — ( a ) contains such particulars of the limited liability partnership’s registrable individual controllers and registrable corporate controllers as may be prescribed; ( aa ) contains the note and prescribed particulars required under section 47A(3), if applicable; [Act 2 of 2022 wef 04/10/2022] ( b ) is updated if any change to the prescribed particulars mentioned in paragraph ( a ) or ( aa ) occurs; and [Act 2 of 2022 wef 04/10/2022] ( c ) is kept in such form and at such place as may be prescribed. [16/2017] (5) A limited liability partnership must enter the particulars in its register and update the register within the prescribed time and in the prescribed manner. [16/2017] (6) A limited liability partnership must — ( a ) enter the particulars of any controller in its register, or update the particulars of that controller in the register, after the particulars of that controller are confirmed by the controller; or ( b ) if the limited liability partnership does not receive the controller’s confirmation, enter or update the particulars with a note indicating that the particulars have not been confirmed by the controller. [16/2017] (7) For the purposes of subsection (6)( a ), the particulars of the controller to be entered, or updated, in a register must be confirmed by the controller in the prescribed manner. [16/2017] (8) Subject to section 53, a limited liability partnership must not disclose, or make available for inspection, a register or any particulars contained in the register to any member of the public. [16/2017] (9) If a limited liability partnership fails to comply with — ( a ) subsection (1), (1A), (2) or (3), whichever is applicable; or [Act 23 of 2024 wef 16/06/2025] ( b ) subsection (4), (5), (6) or (8), the limited liability partnership, and every partner of the limited liability partnership who is in default, shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $25,000. [Act 23 of 2024 wef 16/06/2025] (10) In this section, “appointed day” means the date of commencement of section 16 of the Companies and Limited Liability Partnerships (Miscellaneous Amendments) Act 2024. [Act 23 of 2023 wef 16/06/2025] [32F [16/2017]


document_id: llpa-2005
provision_ref: s47A
chapter: PART 6A - REGISTER OF CONTROLLERS
section: 47A
title: Additional particulars
content:
47A. —(1) This section applies where a limited liability partnership knows, or has reasonable grounds to believe — ( a ) that the limited liability partnership has no registrable controller; or ( b ) that the limited liability partnership has a registrable controller but has not been able to identify the registrable controller. (2) Where this section applies, each partner with executive control of the limited liability partnership is, subject to subsection (9), taken to be a registrable controller of the limited liability partnership for the purposes of this Part. (3) Where this section applies, the limited liability partnership must enter the following in its register of controllers: ( a ) a note stating — (i) that the limited liability partnership knows, or has reasonable grounds to believe, as the case may be — (A) that the limited liability partnership has no registrable controller; or (B) that the limited liability partnership has a registrable controller but has not been able to identify the registrable controller; and (ii) that each partner with executive control of the limited liability partnership is taken to be a registrable controller of the limited liability partnership under subsection (2); ( b ) the prescribed particulars of each partner with executive control of the limited liability partnership. (4) A limited liability partnership must enter the matters mentioned in subsection (3) in its register of controllers within the prescribed period after — ( a ) in the case of a limited liability partnership that knows, or has reasonable grounds to believe, that it has no registrable controller — the date on which the limited liability partnership knows, or has reasonable grounds to believe, that the limited liability partnership has no registrable controller; or ( b ) in the case of a limited liability partnership that knows, or has reasonable grounds to believe, that it has a registrable controller but has not been able to identify the registrable controller — the date on which the limited liability partnership, having taken the reasonable steps required by section 48(1), forms the opinion that it is unable to identify the registrable controller. (5) A limited liability partnership must, within the prescribed period after the date on which the limited liability partnership knows, or has reasonable grounds to believe, that any change in the particulars entered in its register of controllers under subsection (3)( b ) has occurred, update its register of controllers to reflect the change. (6) If a limited liability partnership mentioned in subsection (1) enters the particulars of a registrable controller in its register of controllers under section 47(6), the limited liability partnership must, at the same time, enter in its register of controllers a note stating — ( a ) that each partner with executive control of the limited liability partnership is no longer taken to be a registrable controller of the limited liability partnership under subsection (2); and ( b ) the date on which the particulars of the registrable controller were entered in its register of controllers under section 47(6). (7) If a limited liability partnership fails to comply with subsection (3), (4), (5) or (6), the limited liability partnership, and every partner of the limited liability partnership who is in default, shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $25,000. [Act 23 of 2024 wef 16/06/2025] (8) In this section, “partner with executive control”, in relation to a limited liability partnership, means a partner of the limited liability partnership who exercises executive control over the daily or regular affairs of the limited liability partnership through a senior management position. (9) Despite anything in this Part, a reference in section 47(6) or (7), 48(1) or (2), 49(1) or (7), 50(1), 50A(1) or (6), 51(1) or 52(1) to a controller or a registrable controller does not include a partner taken to be a registrable controller under subsection (2). [Act 23 of 2024 wef 16/06/2025] [Act 2 of 2022 wef 04/10/2022]


document_id: llpa-2005
provision_ref: s48
chapter: PART 6A - REGISTER OF CONTROLLERS
section: 48
title: Limited liability partnership’s duty to investigate and obtain information
content:
48. —(1) A limited liability partnership must take reasonable steps to find out and identify the registrable controllers of the limited liability partnership. [16/2017] (2) A limited liability partnership ( A ) — ( a ) must give a notice to any person ( B ) whom A knows or has reasonable grounds to believe is a registrable controller in relation to A , requiring B — (i) to state whether B is or is not a registrable controller of A ; (ii) to state whether B knows or has reasonable grounds to believe that any other person ( C ) is a registrable controller of A or is likely to have that knowledge and to give such particulars of C that are within B ’s knowledge; and (iii) to provide such other information as may be prescribed; and ( b ) must give a notice to any person ( D ) whom A knows, or has reasonable grounds to believe knows, the identity of a person who is a registrable controller of A or who is likely to have that knowledge, requiring D — (i) to state whether D knows or has reasonable grounds to believe that any other person ( E ) is a registrable controller of A or is likely to have that knowledge and to give such particulars of E that are within D ’s knowledge; and (ii) to provide such other information as may be prescribed. [16/2017] (3) A notice mentioned in subsection (2) — ( a ) must state that the addressee must comply with the notice not later than the time prescribed for compliance; ( b ) must be in such form, contain such particulars and be sent in such manner, as may be prescribed; and ( c ) must be given within such period as may be prescribed after the limited liability partnership first knows the existence of, or first has reasonable grounds to believe that there exists, a person to whom a notice must be given under that subsection. [16/2017] (4) Subsection (2) does not require a limited liability partnership to give notice to any person in respect of any information that is required to be stated or provided pursuant to the notice if the information was previously provided by that person or by any registered corporate service provider on behalf of that person. [16/2017] [Act 22 of 2024 wef 09/06/2025] (5) If a limited liability partnership fails to comply with subsection (2) or (3), the limited liability partnership, and every partner of the limited liability partnership who is in default, shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $25,000. [16/2017] [Act 23 of 2024 wef 16/06/2025] (6) An addressee of a notice under subsection (2) must comply with the notice within the time specified in the notice for compliance except that an addressee is not required to provide any information that is subject to legal privilege. [16/2017] (7) An addressee of a notice under subsection (2) who fails to comply with subsection (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000. [Act 23 of 2024 wef 16/06/2025] [32G [16/2017]


document_id: llpa-2005
provision_ref: s49
chapter: PART 6A - REGISTER OF CONTROLLERS
section: 49
title: Limited liability partnership’s duty to keep information up‑to‑date
content:
49. —(1) If a limited liability partnership knows or has reasonable grounds to believe that a relevant change has occurred in the particulars of a registrable controller that are stated in the limited liability partnership’s register of controllers, the limited liability partnership must give notice to the registrable controller — ( a ) to confirm whether or not the change has occurred; and ( b ) if the change has occurred — (i) to state the date of the change; and (ii) to provide the particulars of the change. [16/2017] (2) A limited liability partnership must give the notice mentioned in subsection (1) within such period as may be prescribed after it first knows of the change or first has reasonable grounds to believe that the change has occurred. [16/2017] (3) Section 48(3)( a ) and ( b ) applies to a notice under this section as it applies to a notice under that section. [16/2017] (4) Subsection (1) does not require a limited liability partnership to give notice to any person in respect of any information that was previously provided by that person or by any registered corporate service provider on behalf of that person. [16/2017] [Act 22 of 2024 wef 09/06/2025] (5) If a limited liability partnership fails to comply with subsection (1) or (2), or section 48(3)( a ) and ( b ) as applied by subsection (3), the limited liability partnership, and every partner of the limited liability partnership who is in default, shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $25,000. [Act 23 of 2024 wef 16/06/2025] [16/2017] (6) An addressee of a notice under subsection (1) who fails to comply with the notice within the time specified in the notice for compliance shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000. [Act 23 of 2024 wef 16/06/2025] [16/2017] (7) For the purposes of this section, a relevant change occurs if — ( a ) a person ceases to be a registrable controller in relation to the limited liability partnership; or ( b ) any other change occurs as a result of which the particulars of the registrable controller in the limited liability partnership’s register of controllers are incorrect or incomplete. [32H [16/2017]


document_id: llpa-2005
provision_ref: s50
chapter: PART 6A - REGISTER OF CONTROLLERS
section: 50
title: Limited liability partnership’s duty to correct information
content:
50. —(1) If a limited liability partnership knows or has reasonable grounds to believe that any of the particulars of a registrable controller that are stated in the limited liability partnership’s register is incorrect, the limited liability partnership must give notice to the registrable controller to confirm whether the particulars are correct and, if not, to provide the correct particulars. [16/2017] (2) A limited liability partnership must give the notice mentioned in subsection (1) within such period as may be prescribed after it first knows or first has reasonable grounds to believe that the information is incorrect. [16/2017] (3) Section 48(3)( a ) and ( b ) applies to a notice under this section as it applies to a notice under that section. [16/2017] (4) Subsection (1) does not require a limited liability partnership to give notice to any person in respect of any information that was previously provided by that person or by any registered corporate service provider on behalf of that person. [16/2017] [Act 22 of 2024 wef 09/06/2025] (5) If a limited liability partnership fails to comply with subsection (1) or (2), or section 48(3)( a ) and ( b ) as applied by subsection (3), the limited liability partnership, and every partner of the limited liability partnership who is in default, shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $25,000. [Act 23 of 2024 wef 16/06/2025] [16/2017] (6) An addressee of a notice under subsection (1) who fails to comply with the notice within the time specified in the notice for compliance shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000. [Act 23 of 2024 wef 16/06/2025] [32I [16/2017]


document_id: llpa-2005
provision_ref: s50A
chapter: PART 6A - REGISTER OF CONTROLLERS
section: 50A
title: Limited liability partnership’s duty to ensure information in register is up‑to‑date and correct
content:
50A. —(1) A limited liability partnership must, at the prescribed frequency, give a notice to each registrable controller whose particulars are stated in the limited liability partnership’s register of controllers for the following purposes: ( a ) to require the registrable controller to confirm whether or not a relevant change has occurred and, if the change has occurred, to — (i) state the date of the change; and (ii) provide the particulars of the change; ( b ) to require the registrable controller to confirm whether the stated particulars of the registrable controller are correct and, if not, to provide the correct particulars. (2) The notice mentioned in subsection (1) must — ( a ) state that the addressee must comply with the notice not later than the time specified for compliance (which must be the prescribed time); and ( b ) be in such form, contain such particulars and be sent in such manner, as may be prescribed. (3) An addressee of a notice under subsection (1) must comply with the notice no later than the time specified in the notice for compliance. (4) If a limited liability partnership fails to comply with subsection (1) or (2), the limited liability partnership, and every partner of the limited liability partnership who is in default, shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $25,000. (5) An addressee of a notice under subsection (1) who fails to comply with subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000. (6) For the purposes of this section, a relevant change occurs if — ( a ) the registrable controller ceases to be one in relation to the limited liability partnership; or ( b ) any other change occurs as a result of which the particulars of the registrable controller stated in the limited liability partnership’s register of controllers are incorrect or incomplete. [Act 23 of 2024 wef 16/06/2025]


document_id: llpa-2005
provision_ref: s51
chapter: PART 6A - REGISTER OF CONTROLLERS
section: 51
title: Controller’s duty to provide information
content:
51. —(1) A person who knows or ought reasonably to know that the person is a registrable controller in relation to a limited liability partnership must — ( a ) notify the limited liability partnership that the person is a registrable controller in relation to the limited liability partnership; ( b ) state the date, to the best of the person’s knowledge, on which the person became a registrable controller in relation to the limited liability partnership; and ( c ) provide such other information as may be prescribed. [16/2017] (2) The person mentioned in subsection (1) must comply with the requirements of that subsection within such period as may be prescribed after the date on which that person first knew or ought reasonably to have known that that person was a registrable controller. [16/2017] (3) A person need not comply with the requirements of subsection (1) if the person has received a notice from the limited liability partnership under section 48(2) and has complied with the requirements of the notice within the time specified in the notice for compliance. [16/2017] (4) If a person fails to comply with subsection (1) or (2), the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000. [Act 23 of 2024 wef 16/06/2025] [32J [16/2017]


document_id: llpa-2005
provision_ref: s52
chapter: PART 6A - REGISTER OF CONTROLLERS
section: 52
title: Controller’s duty to provide change of information
content:
52. —(1) A person who is a registrable controller in relation to a limited liability partnership who knows, or ought reasonably to know, that a relevant change has occurred in the prescribed particulars of the registrable controller must notify the limited liability partnership of the relevant change — ( a ) stating the date that the change occurred; and ( b ) providing the particulars of the change. [16/2017] (2) The person mentioned in subsection (1) must comply with the requirements of that subsection within such period as may be prescribed after the date on which that person first knew or ought reasonably to have known of the relevant change. [16/2017] (3) A person need not comply with the requirements of subsection (1) if the person has received a notice from the limited liability partnership under section 49(1) and has complied with the requirements of the notice within the time specified in the notice for compliance. [16/2017] (4) Any person who fails to comply with subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000. [Act 23 of 2024 wef 16/06/2025] [16/2017] (5) For the purposes of this section, a relevant change occurs if — ( a ) a person ceases to be a registrable controller in relation to the limited liability partnership; or ( b ) there is a change in the person’s contact details or such other particulars as may be prescribed. [32K [16/2017]


document_id: llpa-2005
provision_ref: s53
chapter: PART 6A - REGISTER OF CONTROLLERS
section: 53
title: Power to enforce
content:
53. —(1) The Registrar or an officer of the Authority may — ( a ) require a limited liability partnership to which this Part applies to produce its register and any other document relating to that register or the keeping of that register; ( b ) inspect, examine and make copies of the register and any document so produced; and ( c ) make any inquiry that may be necessary to ascertain whether the provisions of this Part are complied with. [16/2017] (2) Where any register or document mentioned in subsection (1) is kept in electronic form — ( a ) the power of the Registrar or an officer of the Authority in subsection (1)( a ) to require the register or any document to be produced includes the power to require a copy of the register or document to be made available in legible form and subsection (1)( b ) applies accordingly in relation to any copy so made available; and ( b ) the power of the Registrar or an officer of the Authority under subsection (1)( b ) to inspect the register or any document includes the power to require any person on the premises in question to give the Registrar or the officer of the Authority any assistance that the Registrar or officer may reasonably require to enable the Registrar or officer to inspect and make copies of the register or document in legible form, and to make records of the information contained in them. [16/2017] (3) The powers conferred on the Registrar or an officer of the Authority under subsections (1) and (2) may be exercised by a public agency to enable the public agency to administer or enforce any written law. [16/2017] (4) Any person who fails to comply with any requirement imposed under subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000. [Act 23 of 2024 wef 16/06/2025] [16/2017] (4A) Despite section 79, a person who, in complying with a requirement imposed, or in answering an inquiry made, under subsection (1) or (2), provides any information that is false or misleading in a material particular to the Registrar or an officer of the Authority, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000. [Act 23 of 2024 wef 16/06/2025] (4B) In proceedings for an offence under subsection (4A), it is a defence to the charge for the accused to prove, on a balance of probabilities, that the accused took all reasonable steps and exercised all due diligence to ensure that the information provided was not false or misleading. [Act 23 of 2024 wef 16/06/2025] (5) This section applies in addition to any power of the Registrar or an inspector under section 77 or 78. [16/2017] (6) In this section, “public agency” means a public officer, an Organ of State or a ministry or department of the Government, or a public authority established by or under any public Act for a public purpose or a member, an officer or an employee, or any department, of the public authority. [32L [16/2017]


document_id: llpa-2005
provision_ref: s54
chapter: PART 6A - REGISTER OF CONTROLLERS
section: 54
title: Central register of controllers
content:
54. —(1) This section applies where the Minister, by notification in the Gazette , directs the Registrar to maintain a central register of controllers of limited liability partnerships. [16/2017] (2) Where the Minister has directed the Registrar to maintain a central register of controllers of limited liability partnerships under subsection (1) — ( a ) the Registrar must keep a central register of controllers consisting of the particulars contained in the registers kept by limited liability partnerships to which this Part applies; and ( b ) the Registrar may require any limited liability partnership to which this Part applies to lodge with the Registrar — (i) all particulars contained in the limited liability partnership’s register maintained under section 47 (including the matters mentioned in section 47A(3)); and [Act 2 of 2022 wef 04/10/2022] (ii) all updates to the limited liability partnership’s register that occur after the lodgment of the particulars under sub‑paragraph (i). [16/2017] (3) Where the Registrar requires a limited liability partnership to lodge with the Registrar the particulars, matters and updates mentioned in subsection (2)( b ), the limited liability partnership must lodge the particulars, matters and updates in the prescribed form and manner and within the prescribed time. [Act 2 of 2022 wef 30/05/2022] (4) If a limited liability partnership fails to comply with subsection (3), the limited liability partnership, and every partner of the limited liability partnership who is in default, shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $25,000. [16/2017] [Act 2 of 2022 wef 30/05/2022] [Act 23 of 2024 wef 16/06/2025] (5) Subject to subsection (6), the Registrar must not disclose, or make available for inspection, the central register of controllers of limited liability partnerships kept by the Registrar under this section to any member of the public. [Act 23 of 2024 wef 16/06/2025] (6) The Registrar may disclose prescribed information in the central register of controllers of limited liability partnerships to prescribed persons under prescribed circumstances. [Act 23 of 2024 wef 16/06/2025] (7) To avoid doubt, different information and persons may be prescribed under subsection (6) for different prescribed circumstances. [Act 23 of 2024 wef 16/06/2025] [32M [16/2017]


document_id: llpa-2005
provision_ref: s55
chapter: PART 6A - REGISTER OF CONTROLLERS
section: 55
title: Codes of practice, etc.
content:
55. —(1) The Registrar may issue one or more codes, guidance, guidelines, policy statements and practice directions for all or any of the following purposes: ( a ) to provide guidance to limited liability partnerships in relation to the operation or administration of any provision of this Part; ( b ) generally for carrying out the purposes of this Part. [16/2017] (2) The Registrar may publish any such code, guidance, guideline, policy statement or practice direction, in such manner as the Registrar thinks fit. [16/2017] (3) The Registrar may revoke, vary, revise or amend the whole or any part of any code, guidance, guideline, policy statement or practice direction issued under this section in such manner as the Registrar thinks fit. [16/2017] (4) Where amendments are made under subsection (3) — ( a ) the other provisions of this section apply, with the necessary modifications, to the amendments as they apply to the code, guidance, guideline, policy statement and practice direction; and ( b ) any reference in this Act or any other written law to the code, guidance, guideline, policy statement or practice direction however expressed is to be treated, unless the context otherwise requires, as a reference to the code, guidance, guideline, policy statement or practice direction as so amended. [16/2017] (5) The failure by any person to comply with any of the provisions of a code, guidance, guideline, policy statement or practice direction issued under this section that applies to that person does not of itself render that person liable to criminal proceedings but any such failure may, in any proceedings whether civil or criminal, be relied upon by any party to the proceedings as tending to establish or to negate any liability which is in question in the proceedings. [16/2017] (6) Any code, guidance, guideline, policy statement or practice direction issued under this section — ( a ) may be of general or specific application; and ( b ) may specify that different provisions apply to different circumstances or provide for different cases or classes of cases. [16/2017] (7) It is not necessary to publish any code, guidance, guideline, policy statement or practice direction issued under this section in the Gazette . [32N [16/2017]


document_id: llpa-2005
provision_ref: s56
chapter: PART 6A - REGISTER OF CONTROLLERS
section: 56
title: Exemption
content:
56. The Minister may, by order in the Gazette , exempt any person or class of persons from all or any of the provisions of this Part. [32O [16/2017]


document_id: llpa-2005
provision_ref: s57
chapter: PART 6A - REGISTER OF CONTROLLERS
section: 57
title: Amendment of Sixth and Seventh Schedules
content:
57. —(1) The Minister may, by order in the Gazette , amend — ( a ) the Sixth Schedule in relation to the list of limited liability partnerships to which this Part does not apply; and ( b ) the Seventh Schedule in relation to the meanings of “significant control” and “significant interest”. [16/2017] (2) All orders made under this section must be presented to Parliament as soon as possible after publication in the Gazette . [32P [16/2017]


document_id: llpa-2005
provision_ref: s58
chapter: PART 7 - MISCELLANEOUS
section: 58
title: Restriction on undischarged bankrupt being manager of limited liability partnership
content:
58. —(1) Any person who, being an undischarged bankrupt (whether adjudicated bankrupt by a court in Singapore or elsewhere), acts as manager of any limited liability partnership 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 01/04/2021] (2) On an application by an undischarged bankrupt under subsection (1) to the General Division of the High Court or the Official Assignee, the General Division of the High Court or the Official Assignee (as the case may be) may refuse the application or approve the application subject to any conditions that the General Division of the High Court or the Official Assignee 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. [33 [40/2019] [Act 25 of 2021 wef 01/04/2021]


document_id: llpa-2005
provision_ref: s59
chapter: PART 7 - MISCELLANEOUS
section: 59
title: Disqualification of unfit managers of insolvent limited liability partnerships
content:
59. —(1) The General Division of the High Court may — ( a ) on the application of the Minister or the Official Receiver as provided for in subsection (11); and ( b ) on being satisfied as to the matters referred to in subsection (2), make an order disqualifying a person specified in the order from being a manager of a limited liability partnership for a period specified in the order not exceeding 5 years from the date of the making of the order (called in this section a disqualification order). [40/2019] (2) The General Division of the High Court is to make a disqualification order under subsection (1) if it is satisfied that — ( a ) the person against whom the order is sought has been given at least 14 days’ notice of the application for the order; ( b ) the person is or has been a manager of a limited liability partnership which has gone into liquidation (whether while the person was a manager or within 3 years of the person ceasing to be a manager of the limited liability partnership) and which was insolvent at the date of its liquidation; and ( c ) the person’s conduct as a manager of that limited liability partnership taken alone or taken together with the person’s conduct as a manager of any other limited liability partnership or a director of any other corporation makes the person unfit to be a manager of a limited liability partnership. [40/2019] (3) If in the case of a person who is or has been a manager of a limited liability partnership which is — ( a ) being wound up by the General Division of the High Court, it appears to the Official Receiver or to the liquidator, if the liquidator is not the Official Receiver; or ( b ) being wound up otherwise than as mentioned in paragraph ( a ), it appears to the liquidator, that the conditions mentioned in subsection (2)( b ) and ( c ) are satisfied as respects that person, the Official Receiver or the liquidator (as the case may be) must immediately report the matter to the Minister. [40/2019] (4) The Minister may require the Official Receiver or the liquidator or the former liquidator of a limited liability partnership to — ( a ) provide the Minister with any information with respect to any person’s conduct as a manager of the limited liability partnership; and ( b ) produce and permit inspection of any books, papers and other records relevant to that person’s conduct as such a manager, that the Minister may reasonably require for the purpose of exercising or determining whether to exercise any of the Minister’s functions under this section. (5) If any person fails to comply with any requirement under subsection (4), the General Division of the High Court may, on the Minister’s application, make an order requiring that person to make good the default within the time specified in the order. [40/2019] (6) For the purposes of this section — ( a ) the date of liquidation of a limited liability partnership is — (i) if the limited liability partnership is wound up by the General Division of the High Court, the date of the filing of the winding up application; (ii) where a provisional liquidator is appointed under paragraph 37 of the Fifth Schedule, the date the declaration made under that paragraph is lodged with the Registrar; and (iii) in any other case, the date of the passing of the resolution for winding up; ( b ) a limited liability partnership is taken to be insolvent if it is unable to pay its debts, within the meaning of that expression in paragraph 3(2) of the Fifth Schedule; and ( c ) references to a person’s conduct as a manager of any limited liability partnership or director of any corporation include, where any of those entities have become insolvent, references to that person’s conduct in relation to any matter connected with or arising out of the insolvency of that entity. [40/2019] (7) In deciding whether a person’s conduct as a manager of any particular limited liability partnership makes the person unfit to be a manager of a limited liability partnership as is mentioned in subsection (2)( c ), the General Division of the High Court, in relation to the person’s conduct as a manager of that limited liability partnership, is to have regard — ( a ) generally to the matters mentioned in subsection (8); and ( b ) in particular, to the matters mentioned in subsection (9), even though the manager has not been convicted or may not be criminally liable in respect of any of these matters. [40/2019] (8) The matters mentioned in subsection (7)( a ) to which the General Division of the High Court is to have regard generally are — ( a ) whether there has been any misfeasance or breach of any fiduciary or other duty by the manager in relation to the limited liability partnership; ( b ) whether there has been any misapplication or retention by the manager of, or any conduct by the manager giving rise to an obligation to account for, any money or other property of the limited liability partnership; and ( c ) the extent of the manager’s responsibility for any failure by the limited liability partnership to comply with any provision of this Act. [40/2019] (9) The matters mentioned in subsection (7)( b ) to which the General Division of the High Court is to have regard in particular are — ( a ) the extent of the manager’s responsibility for the causes of the limited liability partnership becoming insolvent; ( b ) the extent of the manager’s responsibility for any failure by the limited liability partnership to supply any goods or services which have been paid for (in whole or in part); ( c ) the extent of the manager’s responsibility for the limited liability partnership entering into any transaction liable to be set aside under paragraph 8(1) of the Fifth Schedule; and ( d ) whether the causes of the limited liability partnership becoming insolvent are attributable to its carrying on business in a particular industry where the risk of insolvency is generally recognised to be higher. [40/2019] (10) The Minister may, by order in the Gazette , add to, vary or amend the matters mentioned in subsection (8) or (9) and that order may contain any transitional provisions that appear to the Minister to be necessary or expedient. (11) In the case of a person who is or has been a manager of a limited liability partnership which has gone into liquidation and is being wound up by the General Division of the High Court, an application under this section must be made by the Official Receiver but in any other case an application must be made by the Minister. [40/2019] (12) On a hearing of an application under this section — ( a ) the Minister or the Official Receiver (as the case may be) must appear and call the attention of the General Division of the High Court to any matter which appears to him or her to be relevant (and for this purpose the Minister may be represented) and may give evidence or call witnesses; and ( b ) the person against whom an order is sought may appear and personally give evidence or call witnesses. [40/2019] (13) A person who acts as receiver or receiver and manager is not liable to have a disqualification order made against the person in respect of acts done in the person’s capacity as receiver or receiver and manager, as the case may be. (14) Nothing in this section prevents a person who is disqualified pursuant to an order made under subsection (1) from applying for permission of the General Division of the High Court to be a manager of a limited liability partnership. [40/2019] [Act 25 of 2021 wef 01/04/2021] (15) On the hearing of an application made under subsection (14), the Minister or the Official Receiver must appear (and for this purpose the Minister may be represented) and call the attention of the General Division of the High Court to any matter which appears to him or her to be relevant to the application and may himself or herself give evidence or call witnesses. [40/2019] (16) Any person who contravenes a disqualification order made under this section 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. [34


document_id: llpa-2005
provision_ref: s60
chapter: PART 7 - MISCELLANEOUS
section: 60
title:
Disqualification of managers of limited liability partnerships wound up on grounds of national security or interest

content:
60. —(1) Subject to subsections (2) and (3), where a limited liability partnership is ordered to be wound up by the General Division of the High Court under paragraph 3(1)( f ) of the Fifth Schedule on the ground that it is being used for purposes against national security or interest, the General Division of the High Court may, on the application of the Minister, make an order (called in this section a disqualification order) disqualifying any person who is a manager of that limited liability partnership from being a manager of any limited liability partnership for a period of 3 years from the date of the making of the winding up order. [40/2019] (2) A disqualification order is not to be made by the General Division of the High Court against any person under subsection (1) unless the General Division of the High Court is satisfied that the person against whom the order is sought has been given at least 14 days’ notice of the Minister’s application for the order. [40/2019] (3) A disqualification order is not to be made by the General Division of the High Court against any person under subsection (1) if the person proves to the satisfaction of the General Division of the High Court that — ( a ) the limited liability partnership had been used for purposes against national security or interest without the person’s consent or connivance; and ( b ) the person had exercised such diligence to prevent the limited liability partnership from being so used as the person ought to have exercised having regard to the nature of the person’s function in that capacity and to all the circumstances. [40/2019] (4) Any person who contravenes a disqualification order made under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both. [35


document_id: llpa-2005
provision_ref: s61
chapter: PART 7 - MISCELLANEOUS
section: 61
title: Disqualification to act as manager on conviction for certain offences
content:
61. —(1) Where a person is convicted (whether in Singapore or elsewhere) of any offence involving fraud or dishonesty punishable with imprisonment for 3 months or more, the person is subject to the disqualifications provided in subsection (3). (2) Where a person is convicted in Singapore of — ( a ) any offence in connection with the formation or management of a limited liability partnership; or ( b ) any offence under paragraph 93 of the Fifth Schedule, the court may make a disqualification order in addition to any other sentence imposed. [35/2014] (3) Subject to any permission which the General Division of the High Court may give pursuant to an application under subsection (5), a person who — ( a ) is disqualified under subsection (1); or ( b ) has had a disqualification order made against the person under subsection (2), must not act as a manager of a limited liability partnership during the period of the disqualification or disqualification order. [35/2014; 40/2019] [Act 25 of 2021 wef 01/04/2021] (4) Where a disqualified person — ( a ) has not been sentenced to imprisonment, the disqualifications in subsection (3) take effect upon conviction and continue for a period of 5 years or for such shorter period as the court may order under subsection (2); ( b ) has been sentenced to imprisonment, the disqualifications in subsection (3) take effect upon conviction and continue for a period of 5 years after his or her release from prison. (5) A person who — ( a ) is disqualified under subsection (1); or ( b ) has had a disqualification order made against the person under subsection (2), may apply to the General Division of the High Court for permission to act as a manager of a limited liability partnership during the period of the disqualification or disqualification order, upon giving the Minister at least 14 days’ notice of the person’s intention to apply for such permission. [35/2014; 40/2019] [Act 25 of 2021 wef 01/04/2021] (6) On the hearing of any application under subsection (5), the Minister may be represented at the hearing and may oppose the granting of the application. [35/2014] (7) A person who contravenes subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both. [35/2014] (8) Without affecting section 87, a District Court may make a disqualification order under this section. [36


document_id: llpa-2005
provision_ref: s62
chapter: PART 7 - MISCELLANEOUS
section: 62
title: Disqualification under Companies Act 1967
content:
62. —(1) Subject to any permission which the General Division of the High Court may give pursuant to an application under subsection (2), a person who is subject to a disqualification or disqualification order under section 149, 149A or 154 of the Companies Act 1967 must not act as manager of a limited liability partnership during the period of the disqualification or disqualification order. [35/2014; 40/2019] [Act 25 of 2021 wef 01/04/2021] (2) A person who is subject to a disqualification or disqualification order under section 149 or 154 of the Companies Act 1967 may apply to the General Division of the High Court for permission to act as a manager of a limited liability partnership during the period of the disqualification or disqualification order, upon giving the Minister at least 14 days’ notice of the person’s intention to apply for such permission. [35/2014; 40/2019] [Act 25 of 2021 wef 01/04/2021] (3) On the hearing of any application under subsection (2), the Minister may be represented at the hearing and may oppose the granting of the application. [35/2014] (4) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both. [37


document_id: llpa-2005
provision_ref: s63
chapter: PART 7 - MISCELLANEOUS
section: 63
title: Power of Registrar to strike defunct limited liability partnership off register
content:
63. —(1) Where the Registrar has reasonable cause to believe that a limited liability partnership is not carrying on business or is not in operation, the Registrar may send to the limited liability partnership and its managers and partners a letter to that effect and stating that, if an answer showing cause to the contrary is not received within 30 days after the date of the letter, a notice will be published in the Gazette with a view to striking the name of the limited liability partnership off the register. [35/2014] (2) Unless the Registrar receives an answer within 30 days after the date of the letter to the effect that the limited liability partnership is carrying on business or is in operation, the Registrar may publish in the Gazette and send to the limited liability partnership by registered post a notice that at the expiry of 60 days after the date of that notice the name of the limited liability partnership mentioned in the notice will, unless cause is shown to the contrary in the form and manner specified in section 66, be struck off the register and the limited liability partnership will be dissolved. [35/2014] (3) If in any case where a limited liability partnership is being wound up the Registrar has reasonable cause to believe that — ( a ) no liquidator is acting; ( b ) the affairs of the limited liability partnership are fully wound up and, for a period of 6 months, the liquidator has been in default in lodging any return required to be made by the liquidator; or ( c ) the affairs of the limited liability partnership have been fully wound up under Part 2 of the Fifth Schedule and there are no assets or the assets available are not sufficient to pay the costs of obtaining an order of the General Division of the High Court dissolving the limited liability partnership, the Registrar may publish in the Gazette and send to the limited liability partnership or the liquidator (if any) a notice to the same effect as that mentioned in subsection (2). [40/2019] (4) At the expiry of the time mentioned in the notice, the Registrar may, unless cause to the contrary is previously shown, strike the name of the limited liability partnership off the register, and must publish notice thereof in the Gazette . (5) On the publication in the Gazette of the notice mentioned in subsection (4), the limited liability partnership is dissolved; but — ( a ) the liability (if any) of every officer and partner of the limited liability partnership shall continue and may be enforced as if the limited liability partnership had not been dissolved; and ( b ) nothing in this subsection affects the power of the General Division of the High Court to wind up a limited liability partnership the name of which has been struck off the register. [40/2019] (6) If any person feels aggrieved by the name of the limited liability partnership having been struck off the register, the General Division of the High Court, on an application made by the person at any time within 6 years after the striking off, may order the name of the limited liability partnership to be restored to the register if the General Division of the High Court is satisfied that — ( a ) the limited liability partnership was, at the time of the striking off, carrying on business or in operation; or ( b ) it is just, that the name of the limited liability partnership be restored to the register. [35/2014; 40/2019] (7) Upon a copy of the order referred to in subsection (6) being lodged with the Registrar, the limited liability partnership is deemed to have continued in existence as if its name had not been struck off, and the General Division of the High Court may by the order give such directions and make such provisions as seem just for placing the limited liability partnership and all other persons in the same position as nearly as may be as if the name of the limited liability partnership had not been struck off. [40/2019] (8) A notice to be sent under this section to a liquidator may be addressed to the liquidator at the liquidator’s last known place of business, and a letter or notice to be sent under this section to a limited liability partnership may be addressed to the limited liability partnership at its registered office or, if no office has been registered, to the care of any officer of the limited liability partnership. (9) The Registrar must ensure that — ( a ) such particulars of the limited liability partnership mentioned in subsection (1) and of his or her belief that the limited liability partnership is not carrying on business or is not in operation, as he or she may determine, is sent to — (i) the Inland Revenue Authority of Singapore established under the Inland Revenue Authority of Singapore Act 1992; and (ii) the Central Provident Fund Board established under the Central Provident Fund Act 1953; and ( b ) the substance of the notices to be published in the Gazette under subsections (2), (3) and (4) is also published on the Authority’s website. [35/2014] (10) The provisions of the Fifth Schedule relating to — ( a ) the dissolution of a limited liability partnership apply to a limited liability partnership struck off the register under this section; and ( b ) the remedies against the property of a limited liability partnership and the priorities of debts bind the Government. [38


document_id: llpa-2005
provision_ref: s64
chapter: PART 7 - MISCELLANEOUS
section: 64
title: Striking off on application by limited liability partnership
content:
64. —(1) The Registrar may, on the application by a limited liability partnership, strike the limited liability partnership’s name off the register on such grounds and subject to such conditions as may be prescribed. [35/2014] (2) An application under subsection (1) is to be made on the limited liability partnership’s behalf by its partners or by a majority of them. [35/2014] (3) Upon receipt of the application, the Registrar must, if satisfied that the grounds and conditions (if any) mentioned in subsection (1) are satisfied, send to the limited liability partnership and its partners and managers a letter informing them of the application and stating that if an answer showing cause to the contrary in the form and manner specified in section 66 is not received within 30 days after the date of the letter, a notice, details of which are set out in subsection (4), will be published in the Gazette with a view to striking the name of the limited liability partnership off the register. [35/2014] (4) The Registrar may not strike a limited liability partnership’s name off the register under this section until after the expiry of 60 days after the publication by the Registrar in the Gazette of a notice — ( a ) stating that the Registrar intends to exercise the power under this section in relation to the limited liability partnership; and ( b ) inviting any person to show cause why that should not be done within such period as may be prescribed. [35/2014] (5) If no person shows cause or sufficient cause within the period mentioned in subsection (4)( b ) as to why the name of the limited liability partnership should not be struck off the register, the Registrar must strike off the name of the limited liability partnership from the register and publish a notice in the Gazette of the limited liability partnership’s name having been so struck off. [35/2014] (6) On the publication of the notice in the Gazette under subsection (5), the limited liability partnership is dissolved. [35/2014] (7) Despite the dissolution of the limited liability partnership under subsection (6) — ( a ) the liability (if any) of every officer and partner of the limited liability partnership shall continue and may be enforced as if the limited liability partnership had not been dissolved; and ( b ) nothing in this section affects the power of the General Division of the High Court to wind up a limited liability partnership the name of which has been struck off the register. [35/2014; 40/2019] (8) The Registrar must ensure that — ( a ) such particulars of the limited liability partnership and of the application mentioned in subsection (1), as he or she may determine, is sent to — (i) the Inland Revenue Authority of Singapore established under the Inland Revenue Authority of Singapore Act 1992; and (ii) the Central Provident Fund Board established under the Central Provident Fund Act 1953; and ( b ) the substance of the notices to be published in the Gazette under subsections (4) and (5) is also published on the Authority’s website. [35/2014] (9) The Registrar may, for the purposes of this section, send notices to the limited liability partnership by ordinary post or in any other prescribed manner. [38A [35/2014]


document_id: llpa-2005
provision_ref: s65
chapter: PART 7 - MISCELLANEOUS
section: 65
title: Withdrawal of application
content:
65. —(1) The applicant or applicants may, by written notice to the Registrar, withdraw an application to strike a limited liability partnership’s name off the register under section 64 at any time before the limited liability partnership’s name is struck off the register. [35/2014] (2) Upon receipt of the notice mentioned in subsection (1), the Registrar must — ( a ) send to the limited liability partnership by ordinary post a notice that the application to strike the limited liability partnership’s name off the register has been withdrawn; and ( b ) publish a notice on the Authority’s website that the application to strike the limited liability partnership’s name off the register has been withdrawn. [38B [35/2014]


document_id: llpa-2005
provision_ref: s66
chapter: PART 7 - MISCELLANEOUS
section: 66
title: Objections to striking off
content:
66. —(1) Where a notice is given or published by the Registrar under section 63(2) or 64(4) of the Registrar’s intention to strike the limited liability partnership’s name off the register, any person may deliver, not later than the date specified in the notice, an objection to the striking off on the ground that there is reasonable cause why the name of the limited liability partnership should not be so struck off, including that the limited liability partnership does not satisfy any of the prescribed grounds for striking off referred to in section 63(1) or 64(1). [35/2014] (2) An objection to the striking off mentioned in subsection (1) must be given to the Registrar by notice in the prescribed form and manner. [35/2014] (3) Upon receipt of a notice of objection, which is made in the prescribed form and manner, within the time referred to in subsection (1), the Registrar must — ( a ) where applicable, give the applicant or applicants of an application for striking the name of the limited liability partnership off the register notice of the objection; and ( b ) in deciding whether to allow the objection, take into account such considerations as may be prescribed. [38C [35/2014]


document_id: llpa-2005
provision_ref: s67
chapter: PART 7 - MISCELLANEOUS
section: 67
title: Application for administrative restoration to register
content:
67. —(1) Subject to such conditions as may be prescribed, an application may be made to the Registrar to restore to the register the name of a limited liability partnership whose name has been struck off the register by the Registrar under section 63, if no application has been or is being made to the General Division of the High Court to restore the name of the limited liability partnership to the register under section 63(6). [35/2014; 40/2019] (2) An application under this section may be made whether or not the limited liability partnership has in consequence been dissolved. [35/2014] (3) An application under this section may only be made by a former partner of the limited liability partnership. [35/2014] (4) An application under this section is not valid unless the application is received by the Registrar within 6 years after the date on which the limited liability partnership is dissolved. [38D [35/2014]


document_id: llpa-2005
provision_ref: s68
chapter: PART 7 - MISCELLANEOUS
section: 68
title: Registrar’s decision on application for administrative restoration
content:
68. —(1) The Registrar must give notice to the applicant of the decision on an application under section 67. [35/2014] (2) If the Registrar’s decision is that the name of the limited liability partnership should be restored to the register — ( a ) the restoration takes effect as from the date that notice is sent; and ( b ) the Registrar must — (i) enter in the register a note of the date on which the restoration takes effect; and (ii) cause notice of the restoration to be published in the Gazette and on the Authority’s website. [35/2014] (3) The notice under subsection (2)( b )(ii) must state — ( a ) the name of the limited liability partnership or, if the limited liability partnership is restored to the register under a different name, that name and its former name; ( b ) the limited liability partnership’s registration number; and ( c ) the date on which the restoration of the name of the limited liability partnership to the register takes effect. [35/2014] (4) If the Registrar’s decision is that the name of the limited liability partnership should not be restored to the register, the person who made the application under section 67 or any other person aggrieved by the Registrar’s decision may appeal to the General Division of the High Court. [35/2014; 40/2019] (5) On an appeal made under subsection (4), the General Division of the High Court may — ( a ) confirm the Registrar’s decision; or ( b ) restore the name of the limited liability partnership to the register and give any directions and make any orders that the General Division of the High Court is empowered to give and make under section 70(3). [38E [35/2014; 40/2019]


document_id: llpa-2005
provision_ref: s69
chapter: PART 7 - MISCELLANEOUS
section: 69
title: Registrar may restore limited liability partnership deregistered by mistake
content:
69. —(1) The Registrar may, on his or her own initiative, restore the name of a limited liability partnership to the register if he or she is satisfied that the name of the limited liability partnership has been struck off the register and the limited liability partnership is dissolved under section 63 or 64 as a result of a mistake of the Registrar. [35/2014] (2) In subsection (1), a reference to a mistake of the Registrar excludes a mistake that is made on the basis of wrong, false or misleading information given by the applicant in connection with the application for striking the name of the limited liability partnership off the register under section 64. [35/2014] (3) The Registrar may restore the name of a limited liability partnership to the register by publishing in the Gazette and on the Authority’s website a notice declaring the restoration, and the restoration takes effect on the date of publication of the notice. [38F [35/2014]


document_id: llpa-2005
provision_ref: s70
chapter: PART 7 - MISCELLANEOUS
section: 70
title: Effect of restoration
content:
70. —(1) If the name of a limited liability partnership is restored to the register under section 68(2) or 69, or on appeal to the General Division of the High Court under section 68(5), the limited liability partnership is regarded as having continued in existence as if its name had not been struck off the register. [35/2014; 40/2019] (2) The limited liability partnership is not liable to a penalty under section 30(5) for failing to lodge its annual declaration referred to in section 30(1) within the time or extended time referred to in section 30(3) and (4), if such time or extended time ended — ( a ) after the date of dissolution or striking off; and ( b ) before the restoration of the name of the limited liability partnership to the register. [35/2014] (3) On the application by any person, the General Division of the High Court may give any directions and make any orders that seem just for placing the limited liability partnership and all other persons in the same position (as nearly as may be) as if the limited liability partnership had not been dissolved or its name had not been struck off the register. [35/2014; 40/2019] (4) An application to the General Division of the High Court for such directions or orders may be made any time within 3 years after the date of restoration of the name of the limited liability partnership to the register. [38G [35/2014; 40/2019]


document_id: llpa-2005
provision_ref: s71
chapter: PART 7 - MISCELLANEOUS
section: 71
title: Retention of books and papers upon striking off
content:
71. —(1) Where the name of a limited liability partnership has been struck off and the limited liability partnership dissolved under section 63 or 64, a person who was a partner or manager of the limited liability partnership immediately before the limited liability partnership was dissolved must ensure that all books and papers of the limited liability partnership are retained for a period of at least 5 years after the date on which the limited liability partnership was dissolved. [16/2017] (2) A person who breaches subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. [38H [16/2017]


document_id: llpa-2005
provision_ref: s72
chapter: PART 7 - MISCELLANEOUS
section: 72
title: False representation as to registration as limited liability partnership
content:
72. If any person in any way holds out that a business is registered as a limited liability partnership under this Act, that person shall, unless at that time the business was duly registered as a limited liability partnership under this Act, 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. [39 [35/2014]


document_id: llpa-2005
provision_ref: s73
chapter: PART 7 - MISCELLANEOUS
section: 73
title: Rectification by General Division of High Court
content:
73. —(1) Where it appears to the General Division of the High Court, as a result of evidence adduced before it by an applicant limited liability partnership, that any particular recorded in a 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 and that are specified in the order, and the Registrar must, upon receipt of the order, rectify the register accordingly. [35/2014; 40/2019] (2) An order of the General Division of the High Court made under subsection (1) may require that a fresh document, showing the rectification, be filed by the applicant limited liability partnership with the Registrar, together with a copy of the order of the General Division of the High Court and a copy of the application to the General Division of the High Court. [40 [40/2019]


document_id: llpa-2005
provision_ref: s74
chapter: PART 7 - MISCELLANEOUS
section: 74
title: Rectification by Registrar on application
content:
74. —(1) Despite section 73, an officer of a limited liability partnership may lodge a notice with the Registrar of — ( a ) any error contained in any document relating to the limited liability partnership filed or lodged with the Registrar; or ( b ) any error in the filing or lodgment of any document relating to the limited liability partnership with the Registrar. [35/2014] (2) The Registrar may rectify the register on receiving any notice mentioned in subsection (1) and if satisfied that — ( a ) the error mentioned in subsection (1)( a ) is typographical or clerical in nature; or ( b ) the error mentioned in subsection (1)( b ) is, in the Registrar’s opinion, unintended and does not prejudice any person. [35/2014] (3) In rectifying the register under subsection (2), the Registrar must not expunge any document from the register. [35/2014] (4) The decision made by the Registrar on whether to rectify the register under subsection (2) is final. [40A [35/2014]


document_id: llpa-2005
provision_ref: s75
chapter: PART 7 - MISCELLANEOUS
section: 75
title: Rectification or updating on Registrar’s initiative
content:
75. —(1) The Registrar may rectify or update any particulars or document contained in a 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 limited liability partnership or person and — (i) other information in the register relating to that limited liability partnership or person; or (ii) other information relating to that limited liability partnership or person obtained from such department or Ministry of the Government, or statutory body or other body corporate as may be prescribed. [35/2014] (2) Before the Registrar rectifies or updates the register under subsection (1), the Registrar must, except under prescribed circumstances, give written notice to the limited liability partnership or person whose documents 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. [35/2014] (3) The limited liability partnership or 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. [35/2014] (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. [35/2014] (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 ). [35/2014] (6) The Registrar may include any notation that 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. [35/2014] (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 written notice, request that the limited liability partnership to which the particulars or document relates, its partners or its officers take such steps within such time as the Registrar may specify to ensure that the error or defect is rectified. [40B [35/2014]


document_id: llpa-2005
provision_ref: s76
chapter: PART 7 - MISCELLANEOUS
section: 76
title: Electronic transaction system
content:
76. —(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 mentioned in paragraph ( a ), using the electronic transaction system established under Part 6A of the Accounting and Corporate Regulatory Authority Act 2004. [18/2014] (2) In this section, “transaction”, in relation to the Registrar, means — ( a ) the filing or lodging of any document with the Registrar, or the submission, production, delivery, provision or sending of any document 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. [41 [18/2014]


document_id: llpa-2005
provision_ref: s77
chapter: PART 7 - MISCELLANEOUS
section: 77
title: Inspection
content:
77. —(1) The Registrar may authorise in writing any officer or employee of the Authority or any 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 has power at all reasonable times to enter into any premises at which he or she has reason to believe any person is carrying on business and to make any examination and inquiry that may be necessary for those purposes. (3) The Registrar and every inspector when exercising any power under this Act must declare his or her office and produce his or her written authority to any person affected by the exercise of that power. (4) Any person who fails to comply with a request made by the Registrar or an inspector 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 $5,000 or to imprisonment for a term not exceeding 12 months 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 fails to declare his or her office and to produce his or her written authority. [43


document_id: llpa-2005
provision_ref: s78
chapter: PART 7 - MISCELLANEOUS
section: 78
title: Power of Registrar to obtain further information
content:
78. —(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 past or present partner or manager of a limited liability partnership to answer any question in writing which the Registrar considers necessary to ask for the purposes specified in this subsection; or ( b ) summon that person to appear before him or her or an inspector or any other public officer whom the Registrar may designate to answer any such question orally. (2) The Registrar may further require the person referred to in subsection (1) to make such further declaration or supply such further particulars as the Registrar may require. (3) Any person who, without lawful excuse, fails to comply with any summons or requirement of the Registrar under this section 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. [44


document_id: llpa-2005
provision_ref: s79
chapter: PART 7 - MISCELLANEOUS
section: 79
title: Penalty for providing false information to Registrar
content:
79. Any person who makes any statement or provides any information to the Registrar under the provisions of this Act which is false in any material particular or by reason of the omission of any material particular and which 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. [45


document_id: llpa-2005
provision_ref: s80
chapter: PART 7 - MISCELLANEOUS
section: 80
title: Composition of offences
content:
80. —(1) The Registrar 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 one half of the amount of the maximum fine that is prescribed for the offence, or a sum not exceeding $5,000, whichever is lower. (2) The Minister may make regulations to prescribe the offences that may be compounded. (3) All sums collected under this section must be paid to the Authority. [46


document_id: llpa-2005
provision_ref: s81
chapter: PART 7 - MISCELLANEOUS
section: 81
title: Officers and inspectors deemed to be public servants
content:
81. All officers and inspectors appointed under this Act are deemed to be public servants for the purposes of the Penal Code 1871. [47


document_id: llpa-2005
provision_ref: s82
chapter: PART 7 - MISCELLANEOUS
section: 82
title: Destruction of old records
content:
82. The Registrar may destroy or give to the National Archives of Singapore any document lodged, filed or registered with the Registrar and which has been microfilmed or converted to electronic form if in the Registrar’s opinion it is no longer necessary or desirable to retain the document. [48


document_id: llpa-2005
provision_ref: s83
chapter: PART 7 - MISCELLANEOUS
section: 83
title: Enforcement of duty to make returns
content:
83. —(1) If any person is in default in complying with — ( a ) any provision of this Act or of any other law which requires the lodging or filing in any manner with the Registrar of any return, account or other document or the giving of notice to the Registrar of any matter; ( b ) any request of the Registrar to amend or complete and resubmit any document or to submit a fresh document; or ( c ) any request of the Registrar under section 75(7) to rectify any error or defect in any particulars or document in the register, and fails to make good the default within 14 days after the service on the person of a notice requiring it to be done, a District Court or Magistrate’s Court may, on application by the Registrar, make an order directing that person or (if that person is a corporation) any officer of the corporation to make good the default within the time specified in the order. [35/2014] (2) Any such order may provide that all the costs of and incidental to the application must be borne by that person, or by any officer of the corporation who is responsible for the default if that person is a corporation. (3) Nothing in this section limits the operation of any other provision of this Act or any written law imposing penalties (in respect of any default mentioned in this section) on that person, or an officer of a corporation if that person is a corporation. [49


document_id: llpa-2005
provision_ref: s84
chapter: PART 7 - MISCELLANEOUS
section: 84
title: Offences by limited liability partnerships
content:
84. Where an offence under this Act committed by a limited liability partnership is proved — ( a ) to have been committed with the consent or connivance of a partner or manager of that limited liability partnership; or ( b ) to be attributable to any neglect on the part of the partner or manager of that limited liability partnership, the partner or manager of that limited liability partnership (as the case may be), as well as that limited liability partnership, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. [50


document_id: llpa-2005
provision_ref: s85
chapter: PART 7 - MISCELLANEOUS
section: 85
title: Offences by other bodies corporate and partnerships, etc.
content:
85. —(1) Where an offence under this Act committed by a body corporate (other than a limited liability partnership) is proved — ( a ) to have been committed with the consent or connivance of an officer of that body corporate; or ( b ) to be attributable to any neglect on the part of the officer of that body corporate, the officer of that body corporate, as well as that 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 his or her 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 (other than a limited liability 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 part of the partner, 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 the officer or member, the officer or member (as the case may be), 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 — “officer” — ( a ) in relation to a body corporate means any director, 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) Regulations may provide for the application of any provision of this section, with any modifications that the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore. [51


document_id: llpa-2005
provision_ref: s86
chapter: PART 7 - MISCELLANEOUS
section: 86
title: Authority and its employees not liable to suit
content:
86. —(1) The Registrar, any public officer or any member, officer or employee of the Authority shall not be under any liability in respect of any error or inaccuracy in a register or in respect of 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 and no court is to entertain any suit or other proceedings or damages in respect of any such matter. (2) Despite anything to the contrary in any written law, the Authority shall not be under any liability or be liable to be sued in respect of any of the matters referred to in subsection (1). [52


document_id: llpa-2005
provision_ref: s87
chapter: PART 7 - MISCELLANEOUS
section: 87
title: Jurisdiction of District Court
content:
87. 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. [53


document_id: llpa-2005
provision_ref: s88
chapter: PART 7 - MISCELLANEOUS
section: 88
title: Evidence
content:
88. —(1) Subject to subsection (3), a document or certificate issued by the Registrar in connection with the administration or enforcement of this Act or with an investigation carried out under this Act is admissible as evidence in any proceedings under this Act and is prima facie evidence of the facts stated therein. (2) For the purposes of this section, a document purporting to be a certificate mentioned in subsection (1) on its production by the prosecution is, until the contrary is proved, deemed to be such a certificate. (3) A certificate mentioned in subsection (1) must not be received in evidence under that subsection unless the person charged has been given — ( a ) a copy of the certificate; and ( b ) notice of the intention of the prosecution to produce the certificate as evidence in the proceedings, at least 10 clear days before the commencement of the proceedings. (4) Where a certificate of the Registrar is admitted in evidence under subsection (1), the person charged may require the Registrar to be called as a witness for the prosecution and be cross‑examined as if he or she had given evidence of the matters stated in the certificate. [54


document_id: llpa-2005
provision_ref: s89
chapter: PART 7 - MISCELLANEOUS
section: 89
title: General penalties
content:
89. Any person guilty of an offence under this Act for which no penalty is expressly provided shall be liable on conviction to a fine not exceeding $10,000. [55


document_id: llpa-2005
provision_ref: s90
chapter: PART 7 - MISCELLANEOUS
section: 90
title: Regulations
content:
90. —(1) The Minister may make regulations for carrying out the purposes and provisions of this Act. (2) Without limiting subsection (1), the Minister may make regulations for or with respect to all or any of the following matters: ( a ) the registration and regulation of foreign limited liability partnerships; ( b ) the powers and duties of the Registrar; ( c ) the forms for the purposes of this Act, including the form of registers to be kept and the places at which the registers are to be kept; ( d ) the translation of documents and records required for the purposes of this Act, and the authentication and lodgment of any such translation; ( e ) all matters connected with or arising from the restrictions as to the business name which may be used by a limited liability partnership registered under this Act; ( f ) the fees to be charged in respect of anything done under or by virtue of this Act, and the method of payment of the fees; ( g ) the persons or classes of persons who are to be exempted from the payment of any fee or part of a fee; ( h ) the penalties for the late lodgment of documents; ( i ) the waiver, refund or remission, whether wholly or in part, of any fee or penalty chargeable under this Act; ( j ) prescribing all matters and things which are required or permitted to be prescribed otherwise than by rules, under or for the purposes of this Act. [35/2014] (3) The Minister may, in making any regulations, provide that any contravention of, or failure or neglect to comply with, any provision of the regulations or any directive issued by the Registrar pursuant to 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 and, in the case of a continuing offence, with a further fine not exceeding $200 for every day or part of a day during which the offence continues after conviction. (4) In this section, “foreign limited liability partnership” means a partnership formed, registered or incorporated outside Singapore in which the liability of the partners is limited, and having such other features as may be prescribed by the Minister. [56


document_id: llpa-2005
provision_ref: s91
chapter: PART 7 - MISCELLANEOUS
section: 91
title: Rules
content:
91. The Rules Committee constituted under section 80 of the Supreme Court of Judicature Act 1969 may make rules — ( a ) with respect to proceedings and the practice and procedure of the General Division of the High Court under this Act; ( b ) with respect to any matter or thing which is by the Fifth Schedule required or permitted to be prescribed by rules; ( c ) without limiting this section, with respect to fees and costs in the General Division of the High Court and with respect to rules as to meetings ordered by the General Division of the High Court; and ( d ) generally with respect to the winding up of limited liability partnerships. [57 [40/2019]


document_id: llpa-2005
provision_ref: s92
chapter: PART 7 - MISCELLANEOUS
section: 92
title:
Criminal liability of partners and managers of limited liability partnerships under other written laws

content:
92. —(1) A culpable officer provision applies, with the necessary modifications, to a limited liability partnership as if the reference in that provision to a director (or a person purporting to act as a director) were a reference to a partner or manager (or a person purporting to act as a partner or manager, as the case may be) of the limited liability partnership. (2) A culpable officer provision is a provision in any written law to the effect that where a body corporate, corporation or company is guilty of a particular offence, a director of the body corporate, corporation or company is also guilty of that offence in any one or more of the following circumstances: ( a ) if the offence is proved to have been committed with his or her authority; ( b ) if the offence is proved to have been committed with his or her consent or connivance; ( c ) if the offence is proved to be attributable to or to have been facilitated by any neglect on his or her part; ( d ) if the offence is proved to be attributable to any act or default on his or her part; ( e ) if he or she fails to prove that the offence was committed without his or her consent or connivance, and that he or she had exercised such diligence to prevent the commission of the offence as he or she ought to have exercised having regard to the nature of his or her functions in that capacity and to all the circumstances. [58


document_id: llpa-2005
provision_ref: s93
chapter: PART 7 - MISCELLANEOUS
section: 93
title: Service of documents on limited liability partnerships under other written laws
content:
93. A provision in any written law for the service of notices, orders or documents on a body corporate, corporation or company applies, with the necessary modifications, to a limited liability partnership as it applies to the body corporate, corporation or company, and a reference in that provision to the secretary or other similar officer of the body corporate, corporation or company is a reference to the manager of the limited liability partnership. [59


document_id: llpa-2005
provision_ref: s94
chapter: PART 7 - MISCELLANEOUS
section: 94
title: Service of documents on partner and manager
content:
94. Any document required to be served under this Act on a partner or manager of a limited liability partnership, who is an individual, is sufficiently served if addressed to the partner or manager and left at or sent by post to his or her residential address or contact address. [59A [35/2014] [Act 21 of 2024 wef 09/12/2024]


document_id: lpa-1966
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “Academy” means the Singapore Academy of Law established under the Singapore Academy of Law Act 1988; “active practice” does not include practice as a locum solicitor or provisional practice; [Act 37 of 2023 wef 17/07/2024] “advocate and solicitor”, “advocate” and “solicitor” mean an advocate and solicitor of the Supreme Court; “Board of Legal Education” means the Board of Legal Education established under section 3 in force immediately before 3 May 2011; “client” includes — ( a ) in relation to contentious business — any person who, as a principal or on behalf of another person, retains or employs, or is about to retain or employ, a solicitor, and any person who is or may be liable to pay the costs of a solicitor, law corporation or limited liability law partnership; and ( b ) in relation to non-contentious business — (i) any person who, as a principal or on behalf of another, or as a trustee, an executor or an administrator, or in any other capacity, has power (express or implied) to retain or employ, and retains or employs or is about to retain or employ, a solicitor, law corporation or limited liability law partnership; and (ii) any person for the time being liable to pay a solicitor, law corporation or limited liability law partnership for his, her or its services any costs; “constituent foreign law practice”, in relation to a Joint Law Venture, means the foreign law practice which constitutes part of the Joint Law Venture; “constituent Singapore law practice”, in relation to a Joint Law Venture, means the Singapore law practice which constitutes part of the Joint Law Venture; “contentious business” means business done in or for the purposes of proceedings begun before a court of justice or before an arbitrator; “costs” includes fees, charges, disbursements, expenses and remuneration; “Council” means the Council of the Society established under section 47; “court” means the General Division of the High Court or a Judge sitting in open court in the General Division of the High Court; “Director of Legal Services” means the Director of Legal Services appointed under section 2A(1); “Disciplinary Tribunal” means a Disciplinary Tribunal appointed by the Chief Justice under section 90(1); “eligible person” means — ( a ) a lawyer (NP); or ( b ) a person who is approved by the Minister as an eligible person under section 14(1); [Act 37 of 2023 wef 17/07/2024] “foreign law” means the law of any state or territory other than Singapore, and includes international law; “foreign law practice” means a law practice (including a sole proprietorship, a partnership or a body corporate, whether with or without limited liability) providing legal services in any foreign law in Singapore or elsewhere, but does not include a Singapore law practice; “foreign lawyer” means an individual who is duly authorised or registered to practise law in a state or territory other than Singapore by a foreign authority having the function conferred by law of authorising or registering persons to practise law in that state or territory; “foreign practitioner certificate” means a certificate issued in respect of the registration of a foreign lawyer under section 36B; “Formal Law Alliance” means a Formal Law Alliance licensed under section 170; “Inquiry Committee” means an Inquiry Committee constituted under section 85(10); “Institute” means the Singapore Institute of Legal Education established under section 3; “investigator” means an investigator appointed under section 2B(2); “Joint Law Venture” means a Joint Law Venture licensed under section 169; “Judge” means a Judge sitting in chambers in the General Division of the High Court; “law corporation” means a company licensed as a law corporation under section 153; “law firm” means a partnership, or a practice of a solicitor who practises on his or her own account, which is licensed as a law firm under section 131; “law practice entity” means any of the following: ( a ) a Singapore law practice; ( b ) a Joint Law Venture; ( c ) the constituent foreign law practice of a Joint Law Venture; ( d ) a Formal Law Alliance; ( e ) a foreign law practice which is a member of a Formal Law Alliance; ( f ) a Qualifying Foreign Law Practice; ( g ) a licensed foreign law practice; ( h ) a representative office; “lawyer (NP)” or “lawyer (non-practitioner)” means a person admitted as a lawyer (NP) under section 11A; [Act 37 of 2023 wef 17/07/2024] “lay person”, in relation to the Inquiry Panel or an Inquiry Committee, means an architect, an accountant, a banker, a company director, an insurer, a professional engineer, a medical practitioner or any other person (not being an advocate and solicitor, a lawyer (NP), a Judicial Service Officer or a Legal Service Officer) who meets such criteria as may be approved by the Chief Justice and the Attorney-General; [Act 33 of 2021 wef 14/01/2022] [Act 37 of 2023 wef 17/07/2024] [ Deleted by Act 33 of 2021 wef 14/01/2022 ] “licensed foreign law practice” means a foreign law practice licensed under section 172; “limited liability law partnership” means a limited liability partnership licensed as a limited liability law partnership under section 138; “locum solicitor” means an advocate and solicitor engaged (whether concurrently or otherwise) on a temporary or freelance basis by one or more law firms, law corporations, limited liability law partnerships or solicitors practising on their own account; “practice trainee” means a qualified person or eligible person who is serving his or her practice training period; [Act 37 of 2023 wef 17/07/2024] “practice training contract” means a formal training arrangement between — ( a ) a qualified person or eligible person and a Singapore law practice; or ( b ) a qualified person or eligible person and a qualifying entity, pursuant to which the qualified person or eligible person receives, and the Singapore law practice or qualifying entity provides, supervised training in relation to the practice of Singapore law; [Act 37 of 2023 wef 17/07/2024] “practice training period” means the period during which a qualified person or eligible person is required to receive supervised training in relation to the practice of Singapore law before he or she can be admitted as an advocate and solicitor; [Act 37 of 2023 wef 17/07/2024] “practise Singapore law” means doing work, or transacting business, in relation to the laws of Singapore, being work or business of a kind that is the right or privilege of an advocate and solicitor under Part 4; “practising certificate” means a certificate issued by the Registrar under section 25; “provisional practice” means the doing of any act in the capacity of an advocate and solicitor under the supervision of a solicitor while having in force a provisional practising certificate, and “practise provisionally” has a corresponding meaning; [Act 37 of 2023 wef 17/07/2024] “provisional practising certificate” means a certificate issued by the Registrar under section 18; [Act 37 of 2023 wef 17/07/2024] “public accountant” means a person who is registered or deemed to be registered under the Accountants Act 2004 as a public accountant; “qualified person” means any person who — ( a ) possesses such qualifications as the Minister may prescribe under subsection (2), or may deem under section 14(2) or (3) as in force immediately before the date of commencement of section 9( e ) of the Legal Profession (Amendment) Act 2023 or under section 11C(2) or (3) to be so prescribed, and satisfies such requirements as the Minister may prescribe under subsection (2); [Act 37 of 2023 wef 17/07/2024] ( b ) was approved by the Board of Legal Education as a qualified person under section 7 in force immediately before 9 October 2009; or ( c ) is approved by the Minister as a qualified person under section 15A(1) of this Act as in force immediately before 3 May 2011, under section 14(1) as in force immediately before the date of commencement of section 9( d ) of the Legal Profession (Amendment) Act 2023 or under section 11C(1); [Act 37 of 2023 wef 17/07/2024] “qualifying entity” means any sole proprietorship, incorporated or unincorporated partnership or body corporate that is not a Singapore law practice, and that either satisfies the criteria prescribed for a qualifying entity by rules made under section 10, or is approved as a qualifying entity under those rules; [Act 37 of 2023 wef 17/07/2024] “Qualifying Foreign Law Practice” means a foreign law practice licensed under section 171; “register of practitioners” means the annual register by that name kept by the Registrar under section 27; [Act 37 of 2023 wef 17/07/2024] “register of provisional practitioners” means the annual register by that name kept by the Registrar under section 24; [Act 37 of 2023 wef 17/07/2024] “Registrar” means the Registrar of the Supreme Court and includes the Deputy Registrar and an Assistant Registrar; “regulated foreign lawyer” means a foreign lawyer who is registered under section 36B, 36C or 36D, or who is granted an approval under section 176(1), and includes, for the purposes of Part 7, a foreign lawyer whose registration under section 36B, 36C or 36D or approval under section 176(1) is cancelled or suspended, or lapses, after the commencement of disciplinary proceedings against the foreign lawyer; “regulated legal practitioner” means an advocate and solicitor, a regulated foreign lawyer or (except as otherwise expressly provided) a lawyer (NP) who has in force a provisional practising certificate; [Act 37 of 2023 wef 17/07/2024] “regulated non-practitioner” means an individual (not being an advocate and solicitor who has in force a practising certificate, a lawyer (NP) who has in force a provisional practising certificate, or a regulated foreign lawyer) who is a director, partner or shareholder in, or who shares in the profits of, any Singapore law practice, Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice, and includes, for the purposes of Part 7, an individual who ceases to be a director, partner or shareholder in, or to share in the profits of, a Singapore law practice, Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice after the commencement of disciplinary proceedings against the individual; [Act 37 of 2023 wef 17/07/2024] “relevant legal officer” means — ( a ) a Judicial Service Officer or Legal Service Officer; or [Act 37 of 2023 wef 17/07/2024] ( b ) a legal officer of such statutory body or law office in the public service as the Minister may prescribe by rules in the Gazette ; “remedial measure” means a remedial measure prescribed by rules made under section 97A for the purposes of Part 7; “representative office” means an office set up in Singapore by a foreign law practice to carry out only liaison or promotional work for the foreign law practice, without providing legal services in Singapore; “Review Committee” means a Review Committee constituted under section 85(6); “roll of advocates and solicitors” means the roll of advocates and solicitors of the Supreme Court maintained under section 16; [Act 37 of 2023 wef 17/07/2024] “roll of lawyers (NP)” means the roll of lawyers (NP) of the Supreme Court maintained under section 11D; [Act 37 of 2023 wef 17/07/2024] “Rules Committee” means the Rules Committee constituted under any written law for the time being in force with the power to make rules regulating procedure in the Supreme Court; “Senate” means the Senate of the Academy established under section 5 of the Singapore Academy of Law Act 1988; “Singapore law practice” means — ( a ) a law firm; ( b ) a limited liability law partnership; or ( c ) a law corporation; “Society” means the Law Society of Singapore established under section 37; “trust” and “trustee” extend to implied and constructive trusts and to cases where the trustee has a beneficial interest in the trust property and 


document_id: lpa-1966
provision_ref: s2A
chapter: PART 1A - DIRECTOR OF LEGAL SERVICES
section: 2A
title: Appointment of Director of Legal Services
content:
2A. —(1) The Minister may appoint a Director of Legal Services — ( a ) to administer Parts 4A and 9A; and ( b ) to perform such other functions and duties as the Minister may assign to the Director of Legal Services. [40/2014] [Act 5 of 2025 wef 09/03/2025] (1A) An appointment under subsection (1), and an assignment under subsection (1)( b ), must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025] (2) The functions, duties and powers of the Director of Legal Services under this Act may be performed, discharged and exercised by any public officer who is authorised by the Director of Legal Services to do so. [40/2014]


document_id: lpa-1966
provision_ref: s2B
chapter: PART 1A - DIRECTOR OF LEGAL SERVICES
section: 2B
title: Investigation of law practice entity by Director of Legal Services
content:
2B. —(1) The Director of Legal Services may, on his or her own motion or upon receiving any complaint, conduct such investigation as he or she considers necessary or expedient to ascertain whether any law practice entity has breached or contravened any requirement, condition, direction, guideline or undertaking under Part 9A or any subsidiary legislation made under that Part. [40/2014] (2) The Director of Legal Services may appoint an investigator to conduct an investigation under subsection (1). [40/2014]


document_id: lpa-1966
provision_ref: s2C
chapter: PART 1A - DIRECTOR OF LEGAL SERVICES
section: 2C
title: Power to require documents or information
content:
2C. —(1) For the purposes of an investigation under section 2B(1), the Director of Legal Services or an investigator may, by written notice to any person, require that person to produce any specified document, or to provide any specified information, which the Director of Legal Services or investigator (as the case may be) considers to be relevant to the investigation. [40/2014] (2) A notice under subsection (1) must — ( a ) indicate the subject matter and purpose of the investigation; and ( b ) provide information on the nature of an offence under section 2G, and the nature of an offence under section 2H. [40/2014] (3) The Director of Legal Services or investigator may specify in the notice — ( a ) the time and place at which any document is to be produced or any information is to be provided; and ( b ) the manner and form in which it is to be produced or provided. [40/2014] (4) The power under this section to require a person to produce a document includes the power — ( a ) if the document is produced — (i) to take copies of it or extracts from it; and (ii) to require that person, or any present or past officer or employee of that person, to provide an explanation of the document; or ( b ) if the document is not produced — to require that person to state, to the best of that person’s knowledge and belief, where it is. [40/2014] (5) In subsection (1), “specified” means — ( a ) specified, or described, in the notice; or ( b ) falling within a category which is specified, or described, in the notice. [40/2014]


document_id: lpa-1966
provision_ref: s2D
chapter: PART 1A - DIRECTOR OF LEGAL SERVICES
section: 2D
title: Power to enter premises under warrant
content:
2D. —(1) The court may, on the application of the Director of Legal Services or an investigator, issue a warrant, if the court is satisfied that there are reasonable grounds for suspecting that there is, on any premises — ( a ) any document which has not been produced as required under section 2C; or ( b ) any equipment or article in which is stored in electronic form any information which has not been provided as required under section 2C. [40/2014] (2) A warrant under this section authorises a named officer to do all or any of the following: ( a ) to enter the premises specified in the warrant, using such force as is reasonably necessary for the purpose; ( b ) to search any person on the premises, if there are reasonable grounds for believing that the person has in the person’s possession any document, equipment or article mentioned in subsection (1); ( c ) to search the premises and take copies of, or extracts from, any document mentioned in subsection (1); ( d ) to take possession of any document mentioned in subsection (1), if — (i) such action appears to be necessary for preserving the document or preventing interference with it; or (ii) it is not reasonably practicable to take copies of the document on the premises; ( e ) to take any other step which appears to be necessary for the purpose mentioned in paragraph ( d )(i); ( f ) to require any person on the premises to provide an explanation of any document mentioned in subsection (1) or to state, to the best of the person’s knowledge and belief, where it may be found; ( g ) to require any information mentioned in subsection (1) which is stored in electronic form and accessible from the premises to be produced in a form which — (i) can be taken away; and (ii) is visible and legible; ( h ) to remove from the premises for examination any equipment or article mentioned in subsection (1). [40/2014] (3) A woman may be searched pursuant to a warrant under this section only by another woman and with strict regard to decency. [40/2014] (4) Where possession of any document is taken pursuant to a warrant issued under this section, the named officer may, at the request of the person from whom possession of the document was taken, provide that person with a copy of the document. [40/2014] (5) A named officer may allow any equipment or article, which may be removed from any premises for examination pursuant to a warrant issued under this section, to be retained on the premises subject to such conditions as the named officer may require. [40/2014] (6) Any person who fails to comply with any condition imposed under subsection (5) shall be guilty of an offence. [40/2014] (7) A warrant issued under this section — ( a ) must — (i) indicate the subject matter and purpose of the investigation; and (ii) provide information on the nature of an offence under section 2G, and the nature of an offence under section 2H; and ( b ) continues in force until the end of the period of one month beginning on the day on which it is issued. [40/2014] (8) The powers conferred by this section must not be exercised except upon production of a warrant issued under this section. [40/2014] (9) Any person entering any premises by virtue of a warrant under this section may take with him or her such equipment as appears to the person to be necessary. [40/2014] (10) If there is no one at the premises when the named officer proposes to execute a warrant under this section, the named officer must, before executing it — ( a ) take such steps as are reasonable in all the circumstances to inform the occupier of the intended entry; and ( b ) if the occupier is informed, give the occupier or the occupier’s legal or other representative a reasonable opportunity to be present when the warrant is executed. [40/2014] (11) If the named officer is unable to inform the occupier of the intended entry, the named officer must, when executing the warrant, leave a copy of it in a prominent place on the premises. [40/2014] (12) On leaving any premises which the named officer has entered by virtue of a warrant under this section, the named officer must, if the premises are unoccupied or the occupier is temporarily absent, leave them as effectively secured as the named officer found them. [40/2014] (13) Any document of which possession is taken pursuant to a warrant issued under this section may be retained for a period of 3 months. [40/2014] (14) In this section — “court” means the General Division of the High Court, a District Court or a Magistrate’s Court; “named officer” means a person named in the warrant, being — ( a ) the Director of Legal Services; or ( b ) an investigator; “occupier”, in relation to any premises, means a person whom a named officer reasonably believes is the occupier of those premises. [40/2014; 40/2019]


document_id: lpa-1966
provision_ref: s2E
chapter: PART 1A - DIRECTOR OF LEGAL SERVICES
section: 2E
title:
Cooperation between Director of Legal Services and Attorney‑General, Registrar, Institute, Council or Society, etc.

content:
2E. —(1) Despite any written law or rule of law, the Director of Legal Services may — ( a ) furnish any information in his or her possession to the Attorney‑General, the Registrar, the Institute, the Council or the Society, if the information is required by, and for the performance of any of the functions of, the Attorney‑General, Registrar, Institute, Council or Society, as the case may be; and ( b ) provide such other assistance to the Attorney‑General, the Registrar, the Institute, the Council or the Society as will facilitate the performance of any of the functions of the Attorney‑General, Registrar, Institute, Council or Society, as the case may be. [40/2014] (2) Despite any written law or rule of law, the Attorney‑General, the Registrar, the Institute, the Council and the Society may each — ( a ) furnish any information in the possession of the Attorney‑General, Registrar, Institute, Council or Society (as the case may be) to the Director of Legal Services, if the information is required by him or her for the performance of any of his or her functions; and ( b ) provide such other assistance to the Director of Legal Services as will facilitate the performance of any of his or her functions. [40/2014] (3) Despite any written law or rule of law, the Director of Legal Services may — ( a ) furnish any information in his or her possession to a ministry or department of the Government, an organ of State or a statutory board, if the information is required by, and for the performance of any of the functions of, the ministry or department, organ of State or statutory board (as the case may be); and ( b ) provide such other assistance to a ministry or department of the Government, an organ of State or a statutory board as will facilitate the performance of any of the functions of the ministry or department, organ of State or statutory board (as the case may be). [40/2014] (4) Despite any written law or rule of law, a ministry or department of the Government, an organ of State or a statutory board may — ( a ) furnish any information in the possession of the ministry or department, organ of State or statutory board (as the case may be) to the Director of Legal Services, if the information is required by him or her for the performance of any of his or her functions; and ( b ) provide such other assistance to the Director of Legal Services as will facilitate the performance of any of his or her functions. [40/2014]


document_id: lpa-1966
provision_ref: s2F
chapter: PART 1A - DIRECTOR OF LEGAL SERVICES
section: 2F
title: Power to require law practice entity to provide information
content:
2F. The Director of Legal Services may, for the purposes of carrying out his or her functions under this Act or compiling statistics on law practice entities, require any law practice entity, or any director or partner of any law practice entity, to provide such information relating to that law practice entity as the Director of Legal Services may require. [40/2014]


document_id: lpa-1966
provision_ref: s2G
chapter: PART 1A - DIRECTOR OF LEGAL SERVICES
section: 2G
title: Refusal to provide information, etc.
content:
2G. —(1) Any person who fails to comply with a requirement imposed on the person under section 2C, 2D or 2F 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. [40/2014] (2) If a person is charged with an offence under subsection (1) in respect of a requirement to produce a document, it is a defence for the person to prove that — ( a ) the document was not in the person’s possession or under the person’s control; and ( b ) the person had a reasonable excuse for failing to comply with the requirement. [40/2014] (3) If a person is charged with an offence under subsection (1) in respect of a requirement — ( a ) to provide information; ( b ) to provide an explanation of a document; or ( c ) to state where a document is to be found, it is a defence for the person to prove that the person had a reasonable excuse for failing to comply with the requirement. [40/2014] (4) Failure to comply with a requirement imposed under section 2C is not an offence if the person imposing the requirement has failed to act in accordance with that section. [40/2014]


document_id: lpa-1966
provision_ref: s2H
chapter: PART 1A - DIRECTOR OF LEGAL SERVICES
section: 2H
title: Destroying or falsifying documents
content:
2H. Any person who, having been required to produce a document under section 2C or 2D — ( a ) intentionally or recklessly destroys or otherwise disposes of it, falsifies it or conceals it; or ( b ) causes or permits its destruction, disposal, falsification or concealment, 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. [40/2014]


document_id: lpa-1966
provision_ref: s2I
chapter: PART 1A - DIRECTOR OF LEGAL SERVICES
section: 2I
title: Protection from personal liability
content:
2I. —(1) No liability shall be incurred by the Director of Legal Services, any authorised public officer, any investigator or any other person acting under the direction of the Director of Legal Services for anything done (including any statement made) or omitted to be done with reasonable care and in good faith in the execution or purported execution of any function, duty or power of the Director of Legal Services, authorised public officer, investigator or other person (as the case may be) under this Act. [40/2014] (2) In this section, “authorised public officer” means a public officer who is authorised by the Director of Legal Services under section 2A(2) to perform, discharge or exercise any function, duty or power of the Director of Legal Services. [40/2014]


document_id: lpa-1966
provision_ref: s3
chapter: PART 2 - SINGAPORE INSTITUTE OF LEGAL EDUCATION
section: 3
title: Establishment of Institute
content:
3. —(1) A body called the Singapore Institute of Legal Education is established. [8/2011] (2) The Institute is a body corporate with perpetual succession and a common seal, and with powers subject to the provisions of this Act — ( a ) to sue and be sued in its corporate name; ( b ) to acquire and dispose of property, both movable and immovable; and ( c ) to do and perform any other acts that bodies corporate may by law perform. [8/2011]


document_id: lpa-1966
provision_ref: s4
chapter: PART 2 - SINGAPORE INSTITUTE OF LEGAL EDUCATION
section: 4
title: Functions and powers of Institute
content:
4. —(1) The functions of the Institute are as follows: ( a ) to maintain and improve the standards of legal education in Singapore and, in particular, to make recommendations to the appropriate authorities on the training and education required for the qualification of persons as qualified persons and lawyers (NP), and to review the implementation of initiatives, programmes and curricula relating to legal education in Singapore, including diploma, undergraduate and postgraduate programmes, and continuing professional development; [Act 37 of 2023 wef 17/07/2024] ( b ) to register qualified persons seeking admission as lawyers (NP); [Act 37 of 2023 wef 17/07/2024] ( c ) to provide for the training, education and examination, by the Institute or by any other body, of — (i) eligible persons intending to practise the profession of law in Singapore; [Act 37 of 2023 wef 17/07/2024] (i a ) qualified persons intending to be admitted as lawyers (NP); and [Act 37 of 2023 wef 17/07/2024] (ii) foreign lawyers intending to be registered under section 36B; ( d ) to exercise supervision over practice trainees during their practice training periods; ( e ) to exercise supervision over Singapore law practices, qualifying entities and relevant legal officers as regards the supervised training in relation to the practice of Singapore law that is to be provided to a practice trainee during the practice training period; [Act 37 of 2023 wef 17/07/2024] ( f ) to certify whether any degree conferred by any institution of higher learning in or outside Singapore is a qualification prescribed by any rules made under section 2(2); ( g ) to grant prizes and scholarships, and to establish and subsidise lectureships in educational institutions, in subjects of study relating to law; ( h ) to determine the requirements relating to continuing professional development that must be satisfied by — (i) lawyers (NP); [Act 37 of 2023 wef 17/07/2024] (ii) advocates and solicitors; and [Act 37 of 2023 wef 17/07/2024] (iii) foreign lawyers registered under section 36B; [Act 37 of 2023 wef 17/07/2024] ( i ) to coordinate and exercise supervision over continuing professional development for the legal profession in Singapore, including the provision of courses and materials relating to continuing professional development; ( j ) to facilitate the development of Singapore as an international centre for legal education. [8/2011; 40/2014] (2) In addition to the powers conferred by the other provisions of this Act, the Institute may — ( a ) purchase or lease any land or building required for any of the purposes of the Institute; ( b ) sell, surrender, lease, exchange or mortgage any land or building as may be found most convenient or advantageous; ( c ) receive grants from the Government or donations and gifts from the Academy, the Society or any other source; ( d ) borrow money, whether by way of bank overdraft or otherwise, for such of the purposes of the Institute as it may from time to time consider desirable; ( e ) invest the moneys and funds of the Institute in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965; ( f ) engage in any financial activity or participate in any financial arrangement for the purpose of managing or hedging against any financial risk that arises or is likely to arise from such investment; ( g ) exercise such powers as may be conferred upon the Institute by this Act or any other written law; and ( h ) do all things that are necessary, incidental or conducive to carry into effect the functions of the Institute. [8/2011]


document_id: lpa-1966
provision_ref: s5
chapter: PART 2 - SINGAPORE INSTITUTE OF LEGAL EDUCATION
section: 5
title: Board of Directors of Institute
content:
5. —(1) The management of the affairs of the Institute and its property is vested in a Board of Directors. [8/2011] (2) The Board of Directors of the Institute may perform all such functions, and exercise all such powers, of the Institute as the Board thinks fit. [8/2011] (3) The Board of Directors of the Institute consists of the following members: ( a ) the Attorney-General; ( b ) the president of the Society; ( c ) the Dean of the Faculty of Law of the National University of Singapore; ( d ) the Dean of the School of Law of the Singapore Management University; ( da ) the Dean of the School of Law of the Singapore University of Social Sciences; ( e ) not less than 8 and not more than 12 other members, all of whom must be appointed by the president of the Academy, after consulting the Senate, for such period and on such terms and conditions as the president of the Academy may determine. [8/2011; 16/2016; 30/2017] (4) The president of the Academy must, after consulting the Senate, appoint the Chairperson of the Institute, from the members of the Board of Directors of the Institute, for such period and on such terms and conditions as the president of the Academy may determine. [8/2011] (5) The Senate may, after consulting the Board of Directors of the Institute, give such directions, not inconsistent with the provisions of this Act, to the Institute as to the performance of the Institute’s functions and the exercise of the Institute’s powers. [8/2011] (6) The Institute must give effect to every direction of the Senate under subsection (5). [8/2011]


document_id: lpa-1966
provision_ref: s6
chapter: PART 2 - SINGAPORE INSTITUTE OF LEGAL EDUCATION
section: 6
title: Appointment of Dean of Institute, officers and employees
content:
6. —(1) The Board of Directors of the Institute must, after consulting the president of the Academy, appoint a Dean of the Institute on such terms and conditions as the Board may determine. [8/2011] (2) The Dean of the Institute — ( a ) is responsible to the Board of Directors of the Institute for the proper administration and management of the functions and affairs of the Institute in accordance with the policy laid down by the Board; and ( b ) must not be removed from office without the consent of the president of the Academy. [8/2011] (3) The Institute may, from time to time, appoint and employ, on such terms and conditions as the Board of Directors of the Institute may determine, such other officers and employees as may be necessary for the effective performance of the Institute’s functions under this Act or any other written law. [8/2011]


document_id: lpa-1966
provision_ref: s7
chapter: PART 2 - SINGAPORE INSTITUTE OF LEGAL EDUCATION
section: 7
title: Appointment of committees and delegation
content:
7. —(1) The Board of Directors of the Institute may appoint, from among the members of the Board or from other persons, such number of committees as the Board thinks fit for purposes which, in the opinion of the Board, would be more expediently carried out or managed by means of such committees. [8/2011] (2) The Board of Directors of the Institute may, subject to such conditions or restrictions as the Board thinks fit, delegate any function or power that may be performed or exercised by the Board under this Act or any other written law, except the power of delegation conferred by this section and the power to make subsidiary legislation, to — ( a ) the Chairperson of the Institute or any other member of the Board; ( b ) the Dean of the Institute, or any other officer or employee of the Institute; or ( c ) any committee appointed under subsection (1). [8/2011] (3) Any function or power delegated under subsection (2) to any person or committee may be performed or exercised by that person or committee in the name and on behalf of the Institute. [8/2011] (4) No delegation under this section prevents the performance or exercise of any function or power by the Board of Directors of the Institute. [8/2011]


document_id: lpa-1966
provision_ref: s8
chapter: PART 2 - SINGAPORE INSTITUTE OF LEGAL EDUCATION
section: 8
title: Meetings of Board of Directors of Institute
content:
8. —(1) The Board of Directors of the Institute may meet at such times and places as the Board, or the Chairperson of the Institute, may determine. [8/2011] (2) A member of the Board of Directors of the Institute may participate in a meeting of the Board through such means of communication (such as over the telephone or through a live audio, live video or live television link) as the Board may determine. [8/2011] (3) A member of the Board of Directors of the Institute who participates in a meeting of the Board in accordance with subsection (2) is deemed to be present at the meeting. [8/2011] (4) A majority of the members of the Board of Directors of the Institute constitutes a quorum for any meeting of the Board. [8/2011] (5) All questions arising at any meeting of the Board of Directors of the Institute are to be decided by a majority of the votes of the members present. [8/2011] (6) At any meeting of the Board of Directors of the Institute, the Chairperson of the Institute has a deliberative vote and, in the event of an equality of votes, has a casting vote. [8/2011] (7) The Board of Directors of the Institute may regulate its own procedure and, in particular, the holding of meetings, the notice to be given of meetings, the proceedings thereat and the keeping of minutes and the custody, production and inspection of those minutes. [8/2011] (8) The validity of the proceedings of the Board of Directors of the Institute is not affected by any vacancy among its members or by any irregularity in the appointment of any member. [8/2011]


document_id: lpa-1966
provision_ref: s9
chapter: PART 2 - SINGAPORE INSTITUTE OF LEGAL EDUCATION
section: 9
title: Passing of resolution of Board of Directors of Institute by written means
content:
9. —(1) Despite section 8, the Board of Directors of the Institute may pass any resolution of the Board by written means. [8/2011] (2) A resolution of the Board of Directors of the Institute is passed by written means if it has been formally agreed, in such manner as the Board may determine, on any date by a majority of the members of the Board. [8/2011] (3) Any reference in this Act or any other law to a decision of the Board of Directors of the Institute includes a reference to a resolution of the Board passed by written means. [8/2011] (4) Any reference in this Act or any other law to the doing of anything by the Board of Directors of the Institute includes a reference to the passing of a resolution of the Board by written means which authorises the doing of that thing. [8/2011]


document_id: lpa-1966
provision_ref: s10
chapter: PART 2 - SINGAPORE INSTITUTE OF LEGAL EDUCATION
section: 10
title:
Rules relating to legal education, continuing professional development, and admission of lawyers (NP) and of advocates and solicitors

content:
10. —(1) Subject to the provisions of this Part, Parts 2AA and 2A and section 25(1)( ca ), the Board of Directors of the Institute may, after consulting the Minister and the Council, make rules for giving effect to this Part, Parts 2AA and 2A and section 25(1)( ca ). [8/2011; 3/2012] [Act 37 of 2023 wef 17/07/2024] (2) Without limiting subsection (1), the Board of Directors of the Institute may, after consulting the Minister and the Council, make rules — ( a ) with respect to the supervised training in relation to the practice of Singapore law which a practice trainee must receive before he or she can be admitted as an advocate and solicitor; ( aa ) to prescribe the criteria for a qualifying entity for the purpose of providing supervised training to practice trainees and to provide for the approval of entities for that purpose that do not otherwise satisfy the criteria; [Act 37 of 2023 wef 17/07/2024] ( b ) to prescribe the duration of the practice training period applicable to a practice trainee (including different durations for different classes of practice trainees), and to regulate the manner in which a practice trainee is to serve his or her practice training period; ( ba ) to provide that a prescribed period is, at the direction of the Board of Directors of the Institute, to be disregarded in determining whether a practice trainee had completed the full training period, because of the occurrence of a prescribed event; [Act 37 of 2023 wef 17/07/2024] ( c ) to prescribe the courses of instruction which a qualified person must attend and satisfactorily complete before the qualified person can be admitted as a lawyer (NP), the conditions for entry to such a course and the subjects in such a course, and to regulate the conduct of a qualified person while attending such a course (including through disciplinary measures for any misconduct); [Act 37 of 2023 wef 17/07/2024] ( d ) to prescribe the examinations which a qualified person must pass before the qualified person can be admitted as a lawyer (NP) and the conditions for sitting for such an examination, and to regulate the conduct of a qualified person during such an examination (including through disciplinary measures for any misconduct); [Act 37 of 2023 wef 17/07/2024] ( da ) to prescribe the courses of instruction which an eligible person must attend and satisfactorily complete before the eligible person can be admitted as an advocate and solicitor, the conditions for entry to such a course and the subjects in such a course, and to regulate the conduct of an eligible person while attending such a course (including through disciplinary measures for any misconduct); [Act 37 of 2023 wef 17/07/2024] ( db ) to prescribe the examinations which an eligible person must pass before the eligible person can be admitted as an advocate and solicitor and the conditions for sitting for such an examination, and to regulate the conduct of an eligible person during such an examination (including through disciplinary measures for any misconduct); [Act 37 of 2023 wef 17/07/2024] ( dc ) to prescribe any other requirements that an eligible person must satisfy before the eligible person can be admitted as an advocate and solicitor, and to regulate the conduct of an eligible person when carrying out such requirements (including through disciplinary measures for any misconduct); [Act 37 of 2023 wef 17/07/2024] ( e ) to provide for the courses of instruction which a foreign lawyer must attend and satisfactorily complete before the foreign lawyer can be registered under section 36B, including the conditions for entry to such a course and the subjects in such a course, and to regulate the conduct of a foreign lawyer while attending such a course (including through disciplinary measures for any misconduct); ( f ) to provide for the examinations which a foreign lawyer must pass before the foreign lawyer can be registered under section 36B, including the conditions for sitting for such an examination, and to regulate the conduct of a foreign lawyer during such an examination (including through disciplinary measures for any misconduct); ( fa ) to prescribe the period of validity of each successful completion or pass of a course or examination for the purpose of admission as an advocate and solicitor or a lawyer (NP); [Act 37 of 2023 wef 17/07/2024] ( g ) to prescribe the procedure by which a qualified person is admitted as a lawyer (NP) of the Supreme Court, or by which an eligible person is admitted as an advocate and solicitor of the Supreme Court; [Act 37 of 2023 wef 17/07/2024] ( h ) to prescribe the forms to be used and the fees to be paid for the purposes of this Part, Parts 2AA and 2A, section 25(1)( ca ) and any rules made under subsection (1) or this subsection; [Act 37 of 2023 wef 17/07/2024] ( i ) to prescribe the requirements relating to continuing professional development that must be satisfied by lawyers (NP), by advocates and solicitors and by foreign lawyers registered under section 36B (including different requirements for different classes thereof), and the measures which may be taken to verify whether those requirements have been complied with and to enforce compliance with those requirements; and [Act 37 of 2023 wef 17/07/2024] ( j ) to provide for the waiver of any requirement referred to in paragraph ( i ), in relation to any lawyer (NP), advocate and solicitor or foreign lawyer referred to in that paragraph, by such person or persons as the Board of Directors of the Institute may appoint. [8/2011; 3/2012; 40/2014; 16/2016] [Act 37 of 2023 wef 17/07/2024] (2A) The Board of Directors of the Institute may, after consulting the Minister, make rules — ( a ) to provide for the courses mentioned in section 2(3)( c ), including the conditions for entry to such a course and the subjects in such a course, and to regulate the conduct of a person while attending such a course (including through disciplinary measures for any misconduct); ( b ) to provide for the tests and examinations mentioned in section 2(3)( c ), including the conditions for sitting for any such test or examination, and to regulate the conduct of a person during any such test or examination (including through disciplinary measures for any misconduct); and ( c ) to prescribe the forms to be used and the fees to be paid for the purposes of any rules made under this subsection. [16/2016] (3) Disciplinary proceedings may be taken against any lawyer (NP), advocate and solicitor, or foreign lawyer registered under section 36B, who contravenes any rules made under this section. [3/2012; 40/2014] [Act 37 of 2023 wef 17/07/2024]


document_id: lpa-1966
provision_ref: s10AA
chapter: PART 2 - SINGAPORE INSTITUTE OF LEGAL EDUCATION
section: 10AA
title: Extension or abridgment of time
content:
10AA. Without affecting section 18(2) of, and paragraph 7 of the First Schedule to, the Supreme Court of Judicature Act 1969, the court may, at any time and on any terms it thinks just, by order extend or abridge the time prescribed for any thing under any rules made under section 10(2)( g ). [Act 37 of 2023 wef 17/07/2024]


document_id: lpa-1966
provision_ref: s10A
chapter: PART 2 - SINGAPORE INSTITUTE OF LEGAL EDUCATION
section: 10A
title: Protection from personal liability
content:
10A. No liability shall be incurred by the Board of Directors of the Institute, the Chairperson of the Institute or any other member of the Board, the Dean of the Institute, or any other officer or employee of the Institute, any committee appointed under section 7(1) or any member of any such committee, or any other person acting under the direction of the Institute, as a result of anything done (including any statement made) or omitted to be done with reasonable care and in good faith in the execution or purported execution of the Institute’s functions under this Act or any other written law. [3/2012]


document_id: lpa-1966
provision_ref: s11
chapter: PART 2 - SINGAPORE INSTITUTE OF LEGAL EDUCATION
section: 11
title:
Dissolution of Board of Legal Education and transfer to Institute of property, existing contracts, etc.

content:
11. —(1) As from 3 May 2011, the Board of Legal Education is dissolved, and all movable and immovable property vested in the Board of Legal Education and all assets, interests, rights, privileges, liabilities and obligations of the Board of Legal Education are transferred to and vest in the Institute without further assurance, act or deed. [8/2011] (2) Without affecting subsection (8), all proceedings in respect of the transferred property, assets, interests, rights, privileges, liabilities and obligations by or against the Board of Legal Education which are pending on 3 May 2011 may be continued, completed and enforced by or against the Institute. [8/2011] (3) Every agreement relating to any of the transferred property, assets, interests, rights, privileges, liabilities and obligations to which the Board of Legal Education was a party immediately before 3 May 2011, whether or not of such nature that the rights and liabilities thereunder could be assigned, has effect as from that date as if — ( a ) the Institute had been a party to the agreement; and ( b ) for every reference to the Board of Legal Education, there was substituted, in respect of anything to be done on or after 3 May 2011, a reference to the Institute. [8/2011] (4) All contracts, agreements, conveyances, deeds, leases, guarantees, bonds, indemnities, instruments, undertakings, schemes and arrangements subsisting immediately before 3 May 2011 to which the Board of Legal Education is a party continue in force on and after that date and are enforceable by or against the Institute as if the Institute had been named therein or had been a party thereto instead of the Board of Legal Education. [8/2011] (5) As from 3 May 2011, all persons who, immediately before that date, were employed by the Board of Legal Education are transferred to the service of the Institute on terms no less favourable than those enjoyed by them immediately prior to their transfer. [8/2011] (6) Where, on 3 May 2011, any disciplinary proceedings were pending against any employee of the Board of Legal Education transferred to the service of the Institute, the proceedings are to be carried on and completed by the Institute. [8/2011] (7) The Institute may reprimand, reduce in rank, retire, dismiss or punish in some other manner any transferred employee who had, while he or she was in the employment of the Board of Legal Education, been guilty of any misconduct or neglect of duty which would have rendered him or her liable to be reprimanded, reduced in rank, retired, dismissed or punished in some other manner if he or she had continued to be in the employment of the Board of Legal Education. [8/2011] (8) Without affecting subsection (2), all proceedings or causes of action pending or existing immediately before 3 May 2011 by or against the Board of Legal Education may be continued, completed and enforced by or against the Institute. [8/2011] (9) As from 3 May 2011, the Institute may issue any certificate or other document which could have been issued by the Board of Legal Education. [8/2011] (10) The operation of this section is not to be regarded — ( a ) as a breach of contract or confidence or otherwise as a civil wrong; ( b ) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets or liabilities; or ( c ) as giving rise to any remedy by a party to a legal instrument, or as causing or permitting the termination of any legal instrument, because of a change in the beneficial or legal ownership of any asset or liability. [8/2011] (11) The operation of this section is not to be regarded as an event of default under any contract or other legal instrument. [8/2011] (12) Any provision in any existing contract, agreement, conveyance, deed, lease, guarantee, bond, indemnity and other instrument or undertaking to which the Board of Legal Education is a party or may be bound prohibiting or having the effect of prohibiting the transfer of any property, asset, interest, right, privilege, liability or obligation transferred to the Institute under this section is deemed by this section to have been waived. [8/2011] (13) Any provision in any existing contract, agreement, conveyance, deed, lease, guarantee, bond, indemnity and other instrument or undertaking to which the Board of Legal Education is a party or may be bound conferring on the other party or parties thereto any right of first refusal or pre‑emption rights in respect of any property, asset, interest, right, privilege, liability or obligation to be transferred by reason of or arising from, or to the effect that a default occurs or is deemed to occur as a result of, the transfer or intended transfer of the property, asset, interest, right, privilege, liability or obligation under this section is deemed by this section to have been waived. [8/2011] (14) No attornment to the Institute by a lessee from the Board of Legal Education is required. [8/2011]


document_id: lpa-1966
provision_ref: s11A
chapter: PART 2AA - ADMISSION OF LAWYERS (NP)
section: 11A
title: Admission as lawyer (NP) of Supreme Court
content:
11A. —(1) Subject to the provisions of this Act (including any rules made under section 2(2), 10 or 11E), the court may, in its discretion, and with or without an oral hearing, admit a qualified person as a lawyer (NP) of the Supreme Court. (2) A qualified person who applies to be admitted under this section must — ( a ) do so in accordance with, and comply with all applicable requirements of, any rules made under section 10(2)( g ); and ( b ) if he or she belongs to a class of qualified persons prescribed by the Minister under section 11E, do so within the time prescribed by the Minister under that section. (3) The court must not admit under this section any qualified person who is required, but fails, to comply with subsection (2)( b ). (4) The Attorney-General, the Society and the Institute are entitled to object to any application under subsection (2). (5) Any other person who has filed and served a notice of objection in relation to an application under subsection (2), in accordance with any rules made under section 10(2)( g ), is also entitled to object to that application. (6) To avoid doubt, the court may, having regard to the conduct and character of the qualified person concerned and all other relevant circumstances, and on such terms as the court thinks fit, do either or both of the following: ( a ) adjourn the matter for a specified period or allow the application to be withdrawn; ( b ) make such other order as it considers appropriate. [Act 37 of 2023 wef 17/07/2024]


document_id: lpa-1966
provision_ref: s11B
chapter: PART 2AA - ADMISSION OF LAWYERS (NP)
section: 11B
title: Requirements for admission as lawyer (NP) of Supreme Court
content:
11B. —(1) Subject to any rules made under section 11E, a qualified person must not be admitted as a lawyer (NP) unless he or she — ( a ) has attained 21 years of age; ( b ) is of good character; ( c ) has attended and satisfactorily completed such courses of instruction as the Board of Directors of the Institute may prescribe under section 10; and ( d ) has passed such examinations as the Board of Directors of the Institute may prescribe under section 10. (2) For the purposes of subsection (1)( c ) and ( d ), a person is only considered to have satisfactorily completed a course, or to have passed an examination, if the date of such successful completion or pass falls within the period of validity for such successful completion or pass (as the case may be) as specified in the rules made under section 10(2)( fa ). (3) A person who is a qualified person by reason of his or her having passed the final examination for a law degree in any institution of higher learning pursuant to any rules made under section 2(2) must not be admitted as a lawyer (NP) before the law degree is conferred upon him or her. [Act 37 of 2023 wef 17/07/2024]


document_id: lpa-1966
provision_ref: s11C
chapter: PART 2AA - ADMISSION OF LAWYERS (NP)
section: 11C
title: Powers of Minister in relation to requirements for admission as lawyer (NP) of Supreme Court
content:
11C. —(1) Upon an application made to the Minister by any person who is not otherwise entitled to be a qualified person, the Minister may, in his or her discretion, if the Minister is of the opinion that the person possesses such qualification or expertise as would contribute to, promote or enhance the quality of legal services in Singapore or the economic or technological development of Singapore — ( a ) approve the person as a qualified person for the purposes of this Act, subject to any conditions that the Minister may think fit to impose; and ( b ) issue to the person a written notice to that effect. (2) Where any qualification conferred by an institution of higher learning is a qualification prescribed under section 2(2), and an application is made to the Minister by any person who possesses any equivalent qualification conferred by that institution of higher learning, the Minister may, after consulting the Board of Directors of the Institute — ( a ) deem that equivalent qualification to be the prescribed qualification, subject to any conditions that the Minister may think fit to impose; and ( b ) issue to that person a written notice to that effect. (3) Upon an application made to the Minister by any person who possesses any qualification that is recognised by a foreign authority having the function conferred by law of authorising or registering persons to practise law in a state or territory other than Singapore, as a qualification required for eligibility to practise law in that state or territory, the Minister may, after consulting the Board of Directors of the Institute and if the Minister is of the opinion that the person’s qualification is equivalent to any qualification prescribed under section 2(2) — ( a ) deem the person’s qualification as a qualification that is so prescribed, subject to any conditions that the Minister may think fit to impose; and ( b ) issue to the person a written notice to that effect. (4) The Minister may, after consulting the Board of Directors of the Institute, make rules under section 11E for the exemption of any qualified person who satisfies, or any class of qualified persons each of whom satisfies, such requirements as may be prescribed in those rules from all or any, and from the whole or any part of any, of the requirements under section 11B(1)( c ) and ( d ) and any rules made under section 10(2)( c ) and ( d ). (5) Without affecting subsection (4), upon an application made to the Minister by any qualified person, the Minister may exempt the qualified person from all or any, and from the whole or any part of any, of the requirements under section 11B(1)( c ) and ( d ) and any rules made under section 10(2)( c ) and ( d ), if the Minister is of the opinion that the qualified person is, by reason of his or her standing and experience or for any other cause, a fit and proper person to be so exempted. (6) An exemption granted to a person under subsection (5) — ( a ) may be subject to any conditions that the Minister may think fit to impose by written notice to the person; ( b ) must be notified in writing to the person; and ( c ) need not be published in the Gazette . [Act 37 of 2023 wef 17/07/2024]


document_id: lpa-1966
provision_ref: s11D
chapter: PART 2AA - ADMISSION OF LAWYERS (NP)
section: 11D
title: Roll of lawyers (NP)
content:
11D. —(1) The Registrar must maintain a roll of lawyers (NP) with the dates of their respective admissions. (2) The name, with the date of admission, of every person admitted must be entered upon the roll of lawyers (NP) in order of admission. (3) Every person admitted as a lawyer (NP) must pay the fee prescribed under section 189 for the purposes of this subsection, and the Registrar must deliver to him or her an instrument of admission signed by the Chief Justice or the Judge who admitted the applicant. (4) If, at any time after the admission of any person as a lawyer (NP), it is shown to the satisfaction of the court that any application, affidavit, certificate or other document filed by the person contains any substantially false statement or a suppression of any material fact, or that any such certificate was obtained by fraud or misrepresentation, the name of the person must be struck off the roll of lawyers (NP). [Act 37 of 2023 wef 17/07/2024]


document_id: lpa-1966
provision_ref: s11E
chapter: PART 2AA - ADMISSION OF LAWYERS (NP)
section: 11E
title: Rules for this Part
content:
11E. The Minister may, after consulting the Board of Directors of the Institute, make rules necessary or convenient to be prescribed for carrying out or giving effect to this Part, and may in particular make rules — ( a ) to prescribe the classes of qualified persons to whom section 11A(2)( b ) applies; ( b ) to prescribe, in respect of each such class of qualified persons, the time within which a qualified person belonging to that class must make his or her application under section 11A(2); ( c ) to provide for the fees for applications under section 11C or under any rules made under section 2(2) or this section; and ( d ) to provide for any matter related or incidental to any such application. [Act 37 of 2023 wef 17/07/2024]


document_id: lpa-1966
provision_ref: s12
chapter: PART 2A - ADMISSION OF ADVOCATES AND SOLICITORS
section: 12
title: Admission as advocate and solicitor of Supreme Court
content:
12. —(1) Subject to the provisions of this Act (including any rules made under this section or section 2(2), 10 or 14), the court may, in its discretion and with or without an oral hearing, admit an eligible person as an advocate and solicitor of the Supreme Court. [8/2011] [Act 37 of 2023 wef 17/07/2024] (2) Any eligible person who applies to be admitted under this section must — ( a ) do so in accordance with, and comply with all applicable requirements of, any rules made under section 10(2)( g ); and ( b ) if he or she belongs to such class of eligible persons as the Minister may prescribe under subsection (6), do so within such time as the Minister may prescribe under that subsection. [8/2011] [Act 37 of 2023 wef 17/07/2024] (3) The court must not admit under this section any eligible person who is required, but fails, to comply with subsection (2)( b ). [8/2011] [Act 37 of 2023 wef 17/07/2024] (4) The Attorney-General, the Society and the Institute are entitled to object to any application under subsection (2). [8/2011] (5) Any other person who has filed and served a notice of objection in relation to an application under subsection (2), in accordance with any rules made under section 10(2)( g ), is entitled to object to that application. [8/2011] (5A) To avoid doubt, the court may, having regard to the conduct and character of the eligible person concerned and all other relevant circumstances, on such terms as the court thinks fit, do either or both of the following: ( a ) adjourn the matter for a specified period or allow the application to be withdrawn; ( b ) make such other order as it considers appropriate. [Act 37 of 2023 wef 17/07/2024] (6) The Minister may, after consulting the Board of Directors of the Institute, make rules to prescribe — ( a ) the classes of eligible persons to whom subsection (2)( b ) applies; and [Act 37 of 2023 wef 17/07/2024] ( b ) in respect of each such class of eligible persons, the time within which an eligible person belonging to that class must make the application under subsection (2). [8/2011] [Act 37 of 2023 wef 17/07/2024]


document_id: lpa-1966
provision_ref: s13
chapter: PART 2A - ADMISSION OF ADVOCATES AND SOLICITORS
section: 13
title: Requirements for admission as advocate and solicitor
content:
13. Subject to any rules made under section 14, an eligible person must not be admitted as an advocate and solicitor unless he or she — ( a ) has attained 21 years of age; ( b ) is of good character; ( c ) has satisfactorily served the practice training period applicable to him or her; ( d ) has attended and satisfactorily completed such courses of instruction as the Board of Directors of the Institute may prescribe under section 10; and ( e ) has passed such examinations as the Board of Directors of the Institute may prescribe under section 10. [Act 37 of 2023 wef 17/07/2024]


document_id: lpa-1966
provision_ref: s14
chapter: PART 2A - ADMISSION OF ADVOCATES AND SOLICITORS
section: 14
title: Powers of Minister in relation to requirements for admission as advocate and solicitor
content:
14. —(1) Upon an application made to the Minister by any person who is not a lawyer (NP), the Minister may, in his or her discretion, if the Minister is of the opinion that the person possesses such qualification or expertise, and standing or relevant experience, as would contribute to, promote or enhance the quality of legal services in Singapore or the economic or technological development of Singapore — ( a ) approve the person as an eligible person, subject to any conditions that the Minister may think fit to impose; and [Act 37 of 2023 wef 17/07/2024] ( b ) issue to the person a written notice to that effect. [8/2011] [Act 37 of 2023 wef 17/07/2024] (2) [ Deleted by Act 37 of 2023 wef 17/07/2024 ] (3) [ Deleted by Act 37 of 2023 wef 17/07/2024 ] (4) The Minister may, after consulting the Board of Directors of the Institute, make rules (called in this subsection the relevant rules) for — ( a ) the exemption of any eligible person who satisfies, or any class of eligible persons each of whom satisfies, such requirements as may be prescribed in the relevant rules from all or any, and from the whole or any part of any, of the requirements under section 13( c ), ( d ) and ( e ) and any rules made under section 10(2)( a ), ( b ), ( da ), ( db ) and ( dc ); and [Act 37 of 2023 wef 17/07/2024] ( b ) the abridgment of the practice training period applicable to any eligible person who satisfies, or any class of eligible persons each of whom satisfies, such requirements as may be prescribed in the relevant rules. [8/2011] [Act 37 of 2023 wef 17/07/2024] (5) Without affecting subsection (4), upon an application made to the Minister by any eligible person, the Minister may — ( a ) exempt the eligible person from all or any, and from the whole or any part of any, of the requirements under section 13( c ), ( d ) and ( e ) and any rules made under section 10(2)( a ), ( b ), ( da ), ( db ) and ( dc ); or [Act 37 of 2023 wef 17/07/2024] ( b ) abridge the practice training period applicable to an eligible person, if the Minister is of the opinion that the eligible person is, by reason of his or her standing and experience or for any other cause, a fit and proper person to be so exempted or to have his or her practice training period abridged, as the case may be. [8/2011] [Act 37 of 2023 wef 17/07/2024] (6) An exemption or abridgment granted to a person under subsection (5) — ( a ) may be subject to any conditions that the Minister may think fit to impose by written notice to the person; ( b ) must be notified in writing to the person; and ( c ) need not be published in the Gazette . [8/2011] (7) The Minister may, after consulting the Board of Directors of the Institute, make rules to provide for — ( a ) the fees for — (i) any application made to the Minister under this section or under any rules made under section 12(6) or subsection (4); and [Act 37 of 2023 wef 17/07/2024] (ii) any matter related or incidental to any such application; and [Act 37 of 2023 wef 17/07/2024] ( b ) all other matters related thereto. [8/2011]


document_id: lpa-1966
provision_ref: s15
chapter: PART 2A - ADMISSION OF ADVOCATES AND SOLICITORS
section: 15
title: Ad hoc admissions
content:
15. —(1) Despite anything to the contrary in this Act, the court may, for the purpose of any one case, admit to practise as an advocate and solicitor any person who — ( a ) holds — (i) His Majesty’s Patent as King’s Counsel; or [Act 37 of 2023 wef 14/06/2024] (ii) any appointment of equivalent distinction of any jurisdiction; ( b ) does not ordinarily reside in Singapore or Malaysia, but has come or intends to come to Singapore for the purpose of appearing in the case; and ( c ) has special qualifications or experience for the purpose of the case. [8/2011; 3/2012] (2) The court must not admit a person under this section in any case involving any area of legal practice prescribed under section 10 for the purposes of this subsection, unless the court is satisfied that there is a special reason to do so. [8/2011; 3/2012] (3) Any person who applies to be admitted under this section must do so by originating application supported by an affidavit of the applicant, or of the advocate and solicitor instructing the applicant, stating the names of the parties and brief particulars of the case in which the applicant intends to appear. [8/2011] [Act 25 of 2021 wef 01/04/2022] (4) The originating application and affidavit or affidavits must be served on the Attorney‑General, the Society and the other party or parties to the case. [8/2011] [Act 25 of 2021 wef 01/04/2022] (5) At the time of the service, the applicant must pay the prescribed fee to the Attorney‑General and the Society for their costs incurred in the application. [8/2011] (6) Before admitting a person under this section, the court is to have regard to the views of each of the persons served with the application. [8/2011] (6A) The Chief Justice may, after consulting the Supreme Court Judges, by notification in the Gazette , specify the matters that the court may consider when deciding whether to admit a person under this section. [3/2012; 40/2019] (7) The Registrar must, on payment of the fee prescribed under section 189 for the purposes of this subsection, issue to every person admitted under this section a certificate to practise specifying in it the case in which the person is permitted to appear. [8/2011; 40/2014] (8) Any person to whom a certificate to practise has been issued under subsection (7) is, for the purpose of his or her employment in that case, deemed to be a person to whom a practising certificate has been issued under section 25. [8/2011] (9) The Registrar must not enter the names of persons admitted under this section upon the roll of advocates and solicitors but must keep a separate roll for persons admitted under this section. [8/2011] (10) In this section, “case” includes any interlocutory or appeal proceedings connected with a case. [8/2011]


document_id: lpa-1966
provision_ref: s16
chapter: PART 2A - ADMISSION OF ADVOCATES AND SOLICITORS
section: 16
title: Roll of advocates and solicitors
content:
16. —(1) The Registrar must maintain a roll of advocates and solicitors with the dates of their respective admissions. [8/2011] (2) The name, with the date of admission, of every person admitted must be entered upon the roll in order of admission. [8/2011] (3) Every person admitted as an advocate and solicitor must pay the fee prescribed under section 189 for the purposes of this subsection, and the Registrar must deliver to him or her an instrument of admission signed by the Chief Justice or the Judge who admitted the applicant. [8/2011; 40/2014] (4) If, at any time after the admission of any person as an advocate and solicitor, it is shown to the satisfaction of the court that any application, affidavit, certificate or other document filed by the person contains any substantially false statement or a suppression of any material fact, or that any such certificate was obtained by fraud or misrepresentation, the name of the person must be struck off the roll of advocates and solicitors. [8/2011] [Act 37 of 2023 wef 17/07/2024] (5) This section does not apply to persons admitted under section 15. [8/2011] 17. [ Repealed by Act 37 of 2023 wef 17/07/2024 ]


document_id: lpa-1966
provision_ref: s18
chapter: PART 2B - PROVISIONAL PRACTISING CERTIFICATES
section: 18
title: Issue of provisional practising certificate
content:
18. —(1) This section applies to a lawyer (NP) who — ( a ) is serving his or her practice training period with a Singapore law practice; ( b ) has served not less than the prescribed period of his or her practice training period in a Singapore law practice (whether or not the same Singapore law practice as that in paragraph ( a )); and ( c ) wishes to do any act in the capacity of an advocate and solicitor under the supervision of a solicitor — (i) during his or her practice training period; and (ii) after the end of that practice training period and before he or she is admitted as an advocate and solicitor. (2) The lawyer (NP) must, before doing any act mentioned in subsection (1)( c ), apply to the Registrar for a provisional practising certificate. (3) An application under subsection (2) must be made in the form and manner determined by the Registrar, and must be accompanied by — ( a ) the information and documents prescribed under subsection (9); and ( b ) the fee prescribed under section 189. (4) The Registrar may, subject to sections 19, 20 and 21, thereupon issue to the applicant a provisional practising certificate authorising him or her to practise provisionally during the periods mentioned in subsection (1)( c )(i) and (ii). (5) A provisional practising certificate issued does not authorise a lawyer (NP) to practise as a locum solicitor, whether or not under the supervision of a solicitor. (6) Every provisional practising certificate must be signed or approved by the Registrar and, subject to section 24B, is in force for a period of 12 months starting on the date of the issue or until the lawyer (NP) is admitted as an advocate and solicitor under section 12, whichever is earlier. (7) However, a provisional practising certificate ceases to be in force — ( a ) upon the lawyer (NP) becoming subject to any disqualification under section 23(1)( c ), ( d ), ( e ) or ( f ); ( b ) when the Registrar subsequently issues another provisional practising certificate to the lawyer (NP); or ( c ) on the occurrence of such event as may be prescribed. (8) If the name of a lawyer (NP) is removed from or struck off the roll of lawyers (NP), any provisional practising certificate of the lawyer (NP) that is in force expires immediately, and the date of the expiry must be entered by the Registrar in the register of provisional practitioners. (9) Subject to the provisions of this Act, the Council may make rules — ( a ) to prescribe the particulars mentioned in section 24(1); ( b ) to regulate the issue of provisional practising certificates; ( c ) to prescribe conditions that apply to a provisional practising certificate, including conditions relating to the handling of client’s moneys by a lawyer (NP) and the supervision of a lawyer (NP); ( d ) to provide for any training that the lawyer (NP) must complete for the purposes of subsection (1)( c ) and the time within which such training must be completed; and ( e ) to prescribe other matters required or permitted to be prescribed under this section. (10) Rules made by the Council under this section must be signed by the president of the Society and submitted to the Chief Justice, and come into operation upon the Chief Justice signifying the Chief Justice’s approval. (11) To avoid doubt, a provisional practising certificate may only be issued to or held by a lawyer (NP) to which this section applies. [Act 37 of 2023 wef 17/07/2024]


document_id: lpa-1966
provision_ref: s19
chapter: PART 2B - PROVISIONAL PRACTISING CERTIFICATES
section: 19
title:
Power of Attorney-General, Registrar and Council with respect to issue of provisional practising certificates in certain circumstances

content:
19. —(1) This section applies to any lawyer (NP) — ( a ) who is subject to an order under Part 7 prohibiting him or her from applying to the court for admission as an advocate and solicitor until after a date specified in the order, that is still in force; ( b ) who has been discharged from bankruptcy; ( c ) who has been sentenced to a term of imprisonment in any civil or criminal proceedings in Singapore or elsewhere; ( d ) who has been convicted of an offence involving dishonesty or fraud; ( e ) who has been convicted of an offence in relation to his or her conduct in his or her practice of law; ( f ) who has been found guilty of misconduct in any other professional capacity; ( g ) whose fitness to practise provisionally has been determined under section 22 to be impaired by reason of his or her physical or mental condition, or who, having been ordered by a Judge to submit to a medical examination under that section to be conducted within such period as the Judge may specify in the order, fails to do so; ( h ) whom the Attorney-General or the Council is satisfied is incapacitated by illness or accident, or by the lawyer (NP)’s physical or mental condition, to such extent as to be unable to practise provisionally; or ( i ) whom the Attorney-General or the Council is satisfied has failed to comply with any rules made under section 73D of the Conveyancing and Law of Property Act 1886. (2) Where a lawyer (NP) to whom this section applies makes an application for a provisional practising certificate, the Attorney‑General or the Council may, having regard to all the circumstances of the case, in writing request the Registrar — ( a ) to refuse the application; or ( b ) to issue a provisional practising certificate to the lawyer (NP) subject to such conditions as the Attorney‑General or the Council may specify, and the Registrar may, subject to subsections (6) and (7), comply with the request and notify the lawyer (NP) in writing. (3) Without limiting subsection (2)( b ) — ( a ) conditions may be imposed under subsection (2)( b ) for requiring the applicant to take any specified steps that will, in the opinion of the Attorney-General or the Council, be conducive to the applicant practising provisionally in an efficient manner; and ( b ) conditions may be so imposed (whether for the purpose mentioned in paragraph ( a ) or otherwise) even though they may result in expenditure being incurred by the applicant. (4) Where the Attorney-General or the Council makes a request under subsection (2) by reason only of any circumstances mentioned in subsection (1)( c ), ( d ), ( e ), ( f ), ( g ), ( h ) or ( i ), the lawyer (NP) concerned may, upon proof of a change in the circumstances or for any good cause, inform the Attorney‑General or the Council (as the case may be) of the change or good cause. (5) The Attorney-General or the Council (as the case may be) must, upon being so informed under subsection (4), reconsider the request and may in writing request the Registrar — ( a ) to grant the application for a provisional practising certificate; or ( b ) to remove any condition imposed on the provisional practising certificate under subsection (2)( b ), and the Registrar may comply with the request and notify the lawyer (NP) in writing. (6) Where a provisional practising certificate free of conditions is issued by the Registrar to a lawyer (NP) in relation to whom this section applies by reason of any circumstances mentioned in subsection (1), then, except in the case of any circumstances of whose existence the Attorney-General or the Council is unaware at the time the certificate is issued, this section does not thereafter apply in relation to that lawyer (NP) by reason of those circumstances. (7) The Registrar must not refuse an application by a lawyer (NP) for a provisional practising certificate where — ( a ) this section applies to the lawyer (NP) by reason only of any circumstances in subsection (1)( a ) or ( b ); or ( b ) disciplinary proceedings against the lawyer (NP) under Part 7 by reason of any circumstances mentioned in subsection (1) have been disposed of. [Act 37 of 2023 wef 17/07/2024]


document_id: lpa-1966
provision_ref: s20
chapter: PART 2B - PROVISIONAL PRACTISING CERTIFICATES
section: 20
title:
Power of Registrar to refuse or suspend provisional practising certificate for non-payment of certain sums

content:
20. —(1) This section applies to a lawyer (NP) who applies for a provisional practising certificate, if he or she fails to pay any of the following when the payment is due: ( a ) the whole or any part of the moneys, contributions and subscriptions payable by him or her under the Singapore Academy of Law Act 1988 or any rules made under that Act; ( b ) the fee mentioned in section 18(3)( b ) accompanying the application. (2) When the Registrar becomes aware of the lawyer (NP)’s failure to make the payment mentioned in subsection (1), the Registrar must — ( a ) refuse the lawyer (NP)’s application for a provisional practising certificate until the payment is made; or ( b ) if a provisional practising certificate has been issued to the lawyer (NP) pursuant to the application, order that the provisional practising certificate be suspended. (3) The Registrar must revoke his or her order under subsection (2)( b ) when the lawyer (NP) makes the payment mentioned in subsection (1). [Act 37 of 2023 wef 17/07/2024]


document_id: lpa-1966
provision_ref: s21
chapter: PART 2B - PROVISIONAL PRACTISING CERTIFICATES
section: 21
title: Appeals in connection with issue of provisional practising certificates
content:
21. —(1) A lawyer (NP) may, within one month after being notified by the Registrar of the Registrar’s decision to do any of the following, appeal to a Judge by originating application: ( a ) refuse the lawyer (NP)’s application for a provisional practising certificate under section 19; ( b ) issue to the lawyer (NP) a provisional practising certificate subject to one or more conditions under section 19; ( c ) refuse the lawyer (NP)’s application for a provisional practising certificate under section 20(2)( a ); ( d ) order that the lawyer (NP)’s provisional practising certificate be suspended under section 20(2)( b ). (2) An appeal under subsection (1) must be served on the Attorney‑General and the Society, and the Attorney‑General and the Society may appear at the hearing to make representations. (3) On an appeal against a decision in subsection (1)( a ) or ( b ), the Judge may — ( a ) direct the Registrar not to issue a provisional practising certificate to the lawyer (NP); ( b ) direct the Registrar to issue a provisional practising certificate to the lawyer (NP) free of conditions or subject to such conditions as the Judge thinks fit; or ( c ) make any other order the Judge thinks fit. (4) On an appeal against a decision in subsection (1)( c ) or ( d ), the Judge may — ( a ) affirm the decision of the Registrar; ( b ) in the case of a decision in subsection (1)( c ), direct the Registrar to issue a provisional practising certificate to the lawyer (NP); ( c ) in the case of a decision in subsection (1)( d ), set aside the Registrar’s order under section 20(2)( b ); or ( d ) make any other order the Judge thinks fit. (5) No appeal lies from any order made by a Judge under this section. [Act 37 of 2023 wef 17/07/2024]


document_id: lpa-1966
provision_ref: s22
chapter: PART 2B - PROVISIONAL PRACTISING CERTIFICATES
section: 22
title: Medical examination required in certain circumstances
content:
22. —(1) If the Attorney-General or the Council is satisfied that a lawyer (NP)’s fitness to practise provisionally appears to have been impaired by reason of the lawyer (NP)’s physical or mental condition, the Attorney-General or the Council (as the case may be) may apply to a Judge by originating application for an order that the lawyer (NP) submit to a medical examination. (2) An application under subsection (1) must be served on the lawyer (NP) concerned. (3) If, on an application under subsection (1), the Judge is of the opinion that the lawyer (NP)’s fitness to practise provisionally appears to have been impaired by reason of the lawyer (NP)’s physical or mental condition, the Judge is to order the lawyer (NP) to submit to a medical examination to be conducted — ( a ) by a registered medical practitioner who meets such criteria as the Judge may, having regard to all the circumstances of the case, specify; and ( b ) within such period as the Judge may specify in the order. (4) The registered medical practitioner must — ( a ) personally examine the lawyer (NP); ( b ) determine whether the fitness of the lawyer (NP) to practise provisionally has been impaired by reason of the lawyer (NP)’s physical or mental condition; and ( c ) submit a report of his or her determination and the reasons for the determination, within 14 days from the date of the medical examination, to the lawyer (NP), the Attorney‑General and the Council. (5) In making the determination under subsection (4), the registered medical practitioner may have regard to — ( a ) his or her own observations; ( b ) the results of any tests carried out on the lawyer (NP); and ( c ) any facts which are communicated to him or her by the Attorney‑General, the Council or any other person. (6) The lawyer (NP) must bear all costs of and incidental to his or her medical examination under this section, any tests carried out on him or her for the purposes of the medical examination and the report mentioned in subsection (4)( c ). (7) Without affecting subsections (1) to (6), if the Council is satisfied that a lawyer (NP)’s fitness to practise provisionally appears to have been impaired by reason of the lawyer (NP)’s physical or mental condition, the Council may direct the lawyer (NP) to stop practising provisionally until he or she has submitted to a medical examination. (8) Where the Council has given a lawyer (NP) a direction under subsection (7) — ( a ) the Council must, not later than 7 days from the date the direction was given — (i) make an application under subsection (1) in relation to the lawyer (NP); and (ii) serve that application on the lawyer (NP); ( b ) the direction ceases to have effect, if — (i) the Council fails to comply with paragraph ( a ); or (ii) the application mentioned in paragraph ( a ) is dismissed; ( c ) the lawyer (NP) may, upon proof of a change in the circumstances or for any good cause — (i) inform the Council of the change or good cause and request that the Council’s direction be rescinded; or (ii) apply to a Judge for an order that the Council’s direction be set aside, such application to be made — (A) by summons, in a case where the Council has made an application under subsection (1) in relation to the lawyer (NP); or (B) by originating application, in any other case, and served on the Society; and ( d ) the lawyer (NP) must comply with the Council’s direction until it ceases to have effect under paragraph ( b ) or is rescinded by the Council or set aside by a Judge. [Act 37 of 2023 wef 17/07/2024]


document_id: lpa-1966
provision_ref: s23
chapter: PART 2B - PROVISIONAL PRACTISING CERTIFICATES
section: 23
title: Disqualification for provisional practising certificates, etc.
content:
23. —(1) A lawyer (NP) must not apply for a provisional practising certificate — ( a ) unless he or she is practising or intends to practise under the supervision of a solicitor in a Singapore law practice; ( b ) if he or she has, for a period of 3 years or more, held office as a Supreme Court Judge, a Judge of the Supreme Court of Malaysia or a Judge of any High Court in any part of Malaysia; ( c ) if he or she is an undischarged bankrupt; ( d ) if he or she has entered into a composition with his or her creditors or a deed of arrangement for the benefit of his or her creditors; ( e ) if he or she has one or more outstanding judgments against him or her amounting in the aggregate to $100,000 or more which he or she has been unable to satisfy within 6 months from the date of the earliest judgment; or ( f ) if he or she lacks capacity within the meaning of the Mental Capacity Act 2008 to practise provisionally. (2) Subsection (1) does not apply to a State Counsel, Deputy Public Prosecutor or other legal officer of the government of any country or any territory of that country, if the Attorney‑General issues a certificate to the person and specifies therein the matters in which the person may appear and plead in courts of law. (3) When the Attorney-General has issued a certificate to a person under subsection (2), the Registrar must issue to the person a provisional practising certificate specifying therein the matters in which the person may appear and plead in courts of law and the conditions (if any) contained in the Attorney‑General’s certificate. (4) The other provisions of this Act do not apply to a person who has been issued a certificate under subsection (2). (5) For the purposes of this section, “Judge” does not include a Judicial Commissioner. [Act 37 of 2023 wef 17/07/2024]


document_id: lpa-1966
provision_ref: s24
chapter: PART 2B - PROVISIONAL PRACTISING CERTIFICATES
section: 24
title: Register of provisional practitioners
content:
24. —(1) Upon the issue of every provisional practising certificate, the Registrar must cause to be entered in an annual register kept for that purpose (called in this Act the register of provisional practitioners) the prescribed particulars relating to, and any condition imposed on, the provisional practising certificate. (2) Any person may inspect the register of provisional practitioners during office hours without payment. (3) If there is any change with respect to any lawyer (NP) in the particulars mentioned in subsection (1) or with respect to the status of his or her provisional practising certificate, including as to whether it has ceased to be in force under section 18(7)( a ) or ( c ), that lawyer (NP) must within one week after the change notify the Registrar and the Council, and the Registrar must thereupon cause the entry in respect of that lawyer (NP) in the register of provisional practitioners to be amended. [Act 37 of 2023 wef 17/07/2024]


document_id: lpa-1966
provision_ref: s24A
chapter: PART 2B - PROVISIONAL PRACTISING CERTIFICATES
section: 24A
title: Imposition of conditions while provisional practising certificates in force
content:
24A. —(1) Where, at any time during the currency of the provisional practising certificate of a lawyer (NP), section 19 would have effect in relation to him or her by reason of any circumstances mentioned in section 19(1) if he or she were to make an application for a provisional practising certificate at that time, a Judge may, upon an application by the Attorney-General or the Council made by originating application and served upon the lawyer (NP), order that the current provisional practising certificate of the lawyer (NP) has effect subject to any conditions that the Judge thinks fit. (2) Where an order under subsection (1) is made against a lawyer (NP) by reason only of any circumstances mentioned in section 19(1)( c ), ( d ), ( e ), ( f ), ( g ), ( h ) or ( i ), the lawyer (NP) may, upon proof of a change in the circumstances or for any good cause, apply to a Judge by summons for a reconsideration of the matter. (3) An application under subsection (2) must be served on the Attorney-General and the Society, and the Attorney-General and the Society may appear at the hearing to make representations. (4) At the hearing of the application, the Judge is to consider all the circumstances of the case and may make such order as he or she thinks fit. (5) No appeal lies from an order made by a Judge under subsection (4). (6) Section 19(3) applies for the purposes of subsection (1) as it applies for the purposes of section 19(2)( b ). [Act 37 of 2023 wef 17/07/2024]


document_id: lpa-1966
provision_ref: s24B
chapter: PART 2B - PROVISIONAL PRACTISING CERTIFICATES
section: 24B
title: Referral to Disciplinary Tribunal and suspension of provisional practising certificates
content:
24B. —(1) Upon an application to a Judge by the Attorney‑General or the Council, or on the hearing by a Judge of an application made under section 24A, the Judge may — ( a ) where the Judge is satisfied that cause of sufficient gravity exists for disciplinary action against a lawyer (NP) who has in force a provisional practising certificate — (i) request the Society under section 85(3)( b ) (as applied by section 83(3)) to refer the matter to a Disciplinary Tribunal unless the matter had been or is being dealt with under Part 7 or is to be dealt with under section 94A; and (ii) order that the lawyer (NP)’s current provisional practising certificate be suspended; or ( b ) order that the lawyer (NP)’s current provisional practising certificate be suspended, if — (i) the lawyer (NP)’s fitness to practise provisionally has been determined under section 22 to be impaired by reason of the lawyer (NP)’s physical or mental condition; (ii) the lawyer (NP), having been ordered by a Judge to submit to a medical examination under section 22 to be conducted within a period specified by the Judge in the order, fails to do so; or (iii) the Judge is satisfied that the lawyer (NP) is incapacitated by illness or accident, or by the lawyer (NP)’s physical or mental condition, to such extent as to be unable to practise provisionally. (2) Any application by the Attorney-General or the Council under subsection (1) must be made by originating application which must be served on the lawyer (NP). (3) Where the Attorney-General or the Council makes an application under subsection (1), the Judge has, in addition to his or her powers under that subsection, the powers exercisable by the Judge under section 24A. (4) If, in a case where a Judge has made an order under subsection (1)( a )(ii) suspending a lawyer (NP)’s current provisional practising certificate — ( a ) the Disciplinary Tribunal determines under section 93(1)( a ) that no cause of sufficient gravity for disciplinary action against the lawyer (NP) exists under section 83 or determines under section 93(1)( b ) that the lawyer (NP) should be reprimanded; ( b ) the application made against the lawyer (NP) under section 98(1) is withdrawn or dismissed; or ( c ) an order has been made under section 98 that the lawyer (NP) be struck off the roll of lawyers (NP), prohibited from applying to the court for admission as an advocate and solicitor until after a date specified in the order, or censured, or that the lawyer (NP) pay a penalty, the suspension of the provisional practising certificate of the lawyer (NP) terminates immediately. (5) Nothing in subsection (4) is to be construed as affecting the power of the court of 3 Supreme Court Judges to prohibit a lawyer (NP) from applying to the court for admission as an advocate and solicitor until after a date specified in an order under section 98(1). (6) Where the suspension of the provisional practising certificate of a lawyer (NP) under this section has terminated by reason only of the expiry of the lawyer (NP)’s current provisional practising certificate, the lawyer (NP) must not apply for another provisional practising certificate; and if a provisional practising certificate has been issued to the lawyer (NP), that certificate ceases to be in force. (7) No appeal lies from any order made by a Judge under this section. [Act 37 of 2023 wef 17/07/2024]


document_id: lpa-1966
provision_ref: s24C
chapter: PART 2B - PROVISIONAL PRACTISING CERTIFICATES
section: 24C
title: Cancellation of provisional practising certificates
content:
24C. —(1) The Council may apply to a Judge by originating application for an order directing the Registrar to cancel a provisional practising certificate issued to a lawyer (NP), if it appears to the Council that — ( a ) the certificate has been issued to the lawyer (NP) contrary to the provisions of this Act; or ( b ) the certificate has ceased to be in force under section 18(7)( a ) or ( c ), but the lawyer (NP) has failed to notify the Registrar and the Council of this in accordance with section 24(3). (2) The application must be served on the lawyer (NP) concerned and upon the hearing thereof the Judge may make such order as the Judge thinks fit and may also make such order for the payment of costs as may be just. (3) Disciplinary proceedings may be taken against any lawyer (NP) if in, or in relation to, an application for a provisional practising certificate he or she makes a false statement material to the application. [Act 37 of 2023 wef 17/07/2024]


document_id: lpa-1966
provision_ref: s25
chapter: PART 3 - PRACTISING CERTIFICATES
section: 25
title: Practising certificates
content:
25. —(1) Every solicitor must, in every year before he or she does any act in the capacity of an advocate and solicitor, deliver or cause to be delivered to the Registrar an application for a practising certificate in such form and manner as the Registrar may require, the application to be accompanied by — ( a ) a declaration in writing stating — (i) his or her full name; (ii) in a case where he or she is practising or intends to practise in a Singapore law practice, the name of the Singapore law practice in which he or she is or will be practising; (iii) in a case where he or she is registered under section 36E to practise Singapore law, and is practising or intends to practise Singapore law, in a Joint Law Venture or its constituent foreign law practice, a Qualifying Foreign Law Practice or a licensed foreign law practice, the name of each Joint Law Venture and foreign law practice in which he or she is or will be practising; (iv) the principal address, and every other address in Singapore, of each Singapore law practice, Joint Law Venture and foreign law practice in which he or she will be practising; (v) that he or she is not disqualified under section 26(1) from applying for a practising certificate; and (vi) in a case where he or she is applying for a practising certificate to practise as a locum solicitor, that he or she is not disqualified under section 26(1A) from applying for such a practising certificate; ( b ) a declaration in writing stating — (i) that he or she has paid, or has made arrangements to pay, all subscriptions and levies, and all contributions to the Compensation Fund, lawfully due to the Society under sections 46 and 75; (ii) that he or she has complied with or is exempt from the rules relating to professional indemnity made under section 75A; (iii) if he or she has been ordered by the Council to pay any penalty under Part 7, that he or she has paid the penalty; (iv) if he or she has been ordered by any court of law in Singapore or elsewhere to pay any sum to the Council or the Society, that he or she has paid the sum; and (v) that he or she has complied with such requirements as may be prescribed by the Council in any rules made under section 59(1)( aa ); ( c ) a declaration in writing stating that he or she has paid, or has made arrangements to pay, all moneys, contributions and subscriptions payable by him or her under the Singapore Academy of Law Act 1988 and any rules made thereunder; ( ca ) a declaration in writing in such form and containing such statements as may be prescribed by the Institute under section 10 for the purposes of this paragraph; ( d ) such accountant’s report as may be required under section 73 or a certificate from the Council stating that owing to the circumstances of his or her case such a report is unnecessary; [Act 37 of 2023 wef 17/07/2024] ( da ) any other document prescribed under subsection (7); and [Act 37 of 2023 wef 17/07/2024] ( e ) the prescribed fee. [8/2011; 3/2012; 40/2014] (2) The Registrar must, subject to sections 25A, 25AA and 25B, thereupon issue to the solicitor a practising certificate authorising him or her to practise as an advocate and solicitor in Singapore. [40/2014] (2A) A practising certificate issued under subsection (2) does not authorise a solicitor to practise as a locum solicitor unless the practising certificate was issued pursuant to an application by the solicitor in accordance with any rules made under this section relating to practising certificates to practise as a locum solicitor. (3) Every practising certificate must be signed or approved by the Registrar and, subject to sections 26(9) and 27B, is in force from the date of issue to the end of the year. (4) Where the name of a solicitor is removed from or struck off the roll of advocates and solicitors, the practising certificate (if any) of that solicitor for the time being in force expires immediately and the date of the expiry must be entered by the Registrar in the register of practitioners. [Act 37 of 2023 wef 17/07/2024] (5) Every practising certificate issued in the month of April is deemed to have been in force from the first day of that month. (6) In this section, “year” means the period from 1 April in any calendar year to 31 March in the next calendar year. (7) Subject to the provisions of this Act, the Council may make rules regulating the issue of practising certificates, including (in relation to practising certificates to practise as locum solicitors) rules specifying all or any of the following: ( a ) any modification to subsection (1), including any provision requiring a solicitor applying for such a practising certificate to give any undertaking relating to his or her practice; ( b ) any condition that applies to such a practising certificate, including conditions relating to the handling of client’s money by the solicitor and the supervision of the solicitor; ( c ) any training that the solicitor must complete for the purposes of section 26(1A)( b ) and the time within which the training must be completed; [Act 37 of 2023 wef 17/07/2024] ( d ) any other documents which must accompany an application made under subsection (1). [Act 37 of 2023 wef 17/07/2024] (8) Rules made by the Council under this section must be signed by the president of the Society and submitted to the Chief Justice, and come into operation upon the Chief Justice signifying his or her approval.


document_id: lpa-1966
provision_ref: s25A
chapter: PART 3 - PRACTISING CERTIFICATES
section: 25A
title:
Power of Attorney-General, Registrar and Council with respect to issue of practising certificates in certain circumstances

content:
25A. —(1) This section applies to any solicitor — ( a ) whose suspension from practice has expired; ( b ) who has been discharged from bankruptcy; ( c ) who has been sentenced to a term of imprisonment in any civil or criminal proceedings in Singapore or elsewhere; ( d ) who has been convicted of an offence involving dishonesty or fraud; ( e ) who has been convicted of an offence in relation to his or her conduct in his or her practice of law; ( f ) who has been found guilty of misconduct in any other professional capacity; ( fa ) whose fitness to practise has been determined under section 25C to be impaired by reason of his or her physical or mental condition, or who, having been ordered by a Judge to submit to a medical examination under section 25C to be conducted within such period as the Judge may specify in the order, fails to do so; ( g ) whom the Attorney-General or the Council is satisfied is incapacitated by illness or accident, or by the solicitor’s physical or mental condition, to such extent as to be unable to attend to his or her practice; or ( h ) whom the Attorney-General or the Council is satisfied has failed to comply with any of the rules made under section 72 or any of the rules made under section 73D of the Conveyancing and Law of Property Act 1886. [17/2011] (2) Where a solicitor to whom this section applies makes an application for a practising certificate, the Attorney-General or the Council may, having regard to all the circumstances of the case, in writing request the Registrar — ( a ) to refuse the application for a practising certificate; or ( b ) to issue a practising certificate to the solicitor subject to such conditions as the Attorney‑General or the Council may specify, and the Registrar may, subject to subsections (6) and (7), comply with the request and notify the solicitor in writing. [40/2014] (2A) [ Deleted by Act 40 of 2014 ] (3) Without limiting subsection (2)( b ) — ( a ) conditions may be imposed under that subsection for requiring the applicant to take any specified steps that will, in the opinion of the Attorney‑General or the Council, be conducive to the applicant carrying on an efficient practice as a solicitor; and ( b ) conditions may be so imposed (whether for the purpose mentioned in paragraph ( a ) or otherwise) even though they may result in expenditure being incurred by the applicant. (4) Where the Attorney-General or the Council makes a request under subsection (2) by reason only of any such circumstances as are mentioned in subsection (1)( c ), ( d ), ( e ), ( f ), ( fa ), ( g ) or ( h ), the solicitor concerned may, upon proof of a change in the circumstances or for any good cause, inform the Attorney‑General or the Council (as the case may be) of the change or good cause. (5) The Attorney-General or the Council (as the case may be) must, upon being so informed under subsection (4), reconsider the request and may in writing request the Registrar — ( a ) to grant the application for a practising certificate; or ( b ) to remove any condition imposed on the practising certificate under subsection (2)( b ), and the Registrar may comply with the request and notify the solicitor in writing. (6) Where a practising certificate free of conditions is issued by the Registrar to a solicitor in relation to whom this section applies by reason of any such circumstances as are mentioned in subsection (1), then, except in the case of any circumstances of whose existence the Attorney‑General or the Council is unaware at the time the certificate is issued, this section does not thereafter apply in relation to that solicitor by reason of those circumstances. (7) The Registrar must not refuse an application by a solicitor for a practising certificate where — ( a ) this section applies to the solicitor by reason only of any such circumstances as are mentioned in subsection (1)( a ) or ( b ); or ( b ) disciplinary proceedings against the solicitor under Part 7 by reason of any such circumstances as are mentioned in subsection (1) have been disposed of. [40/2014]


document_id: lpa-1966
provision_ref: s25AA
chapter: PART 3 - PRACTISING CERTIFICATES
section: 25AA
title: Power of Registrar to refuse or suspend practising certificate for non‑payment of certain sums
content:
25AA. —(1) This section applies to a solicitor who makes an application for a practising certificate, if he or she fails to pay any of the following when the payment is due: ( a ) the whole or any part of the subscriptions, levies and contributions referred to in his or her declaration under section 25(1)( b )(i) accompanying the application; ( b ) the whole or any part of any penalty referred to in his or her declaration under section 25(1)( b )(iii) accompanying the application; ( c ) the whole or any part of any sum referred to in his or her declaration under section 25(1)( b )(iv) accompanying the application; ( d ) the whole or any part of the moneys, contributions and subscriptions referred to in his or her declaration under section 25(1)( c ) accompanying the application; ( e ) the fee referred to in section 25(1)( e ) accompanying the application. [40/2014] (2) Where the Registrar becomes aware of the solicitor’s failure to make the payment mentioned in subsection (1), the Registrar must — ( a ) refuse the solicitor’s application for a practising certificate, until the payment is made; or ( b ) if a practising certificate has been issued to the solicitor pursuant to the application, order that the practising certificate be suspended. [40/2014] (3) The Registrar must revoke his or her order under subsection (2)( b ) when the solicitor makes the payment mentioned in subsection (1). [40/2014]


document_id: lpa-1966
provision_ref: s25B
chapter: PART 3 - PRACTISING CERTIFICATES
section: 25B
title: Appeals in connection with issue of practising certificates
content:
25B. —(1) A solicitor may, within one month after being notified by the Registrar of the Registrar’s decision to do any of the following, appeal to a Judge by originating application: ( a ) refuse the solicitor’s application for a practising certificate under section 25A; ( b ) issue to the solicitor a practising certificate subject to one or more conditions under section 25A; ( c ) refuse the solicitor’s application for a practising certificate under section 25AA(2)( a ); ( d ) order that the solicitor’s practising certificate be suspended under section 25AA(2)( b ). [40/2014] [Act 25 of 2021 wef 01/04/2022] (2) Any appeal under subsection (1) must be served on the Attorney‑General and the Society, and the Attorney‑General and the Society may appear at the hearing to make representations. (3) On an appeal against a decision referred to in subsection (1)( a ) or ( b ), the Judge may — ( a ) direct the Registrar not to issue a practising certificate to the solicitor; ( b ) direct the Registrar to issue a practising certificate to the solicitor free of conditions or subject to such conditions as the Judge thinks fit; or ( c ) make any other order as the Judge thinks fit. [40/2014] (3A) On an appeal against a decision referred to in subsection (1)( c ) or ( d ), the Judge may — ( a ) affirm the decision of the Registrar; ( b ) in the case of a decision referred to in subsection (1)( c ), direct the Registrar to issue a practising certificate to the solicitor; ( c ) in the case of a decision referred to in subsection (1)( d ), set aside the Registrar’s order under section 25AA(2)( b ); or ( d ) make any other order as the Judge thinks fit. [40/2014] (4) No appeal lies from any order made by a Judge under this section.


document_id: lpa-1966
provision_ref: s25C
chapter: PART 3 - PRACTISING CERTIFICATES
section: 25C
title: Medical examination required in certain circumstances
content:
25C. —(1) If the Attorney-General or the Council is satisfied that a solicitor’s fitness to practise appears to have been impaired by reason of the solicitor’s physical or mental condition, the Attorney‑General or the Council (as the case may be) may apply to a Judge by originating application for an order that the solicitor submit to a medical examination. [Act 25 of 2021 wef 01/04/2022] (2) An application under subsection (1) must be served on the solicitor concerned. (3) If, on an application under subsection (1), the Judge is of the opinion that the solicitor’s fitness to practise appears to have been impaired by reason of the solicitor’s physical or mental condition, the Judge is to order the solicitor to submit to a medical examination to be conducted — ( a ) by a registered medical practitioner who meets such criteria as the Judge may, having regard to all the circumstances of the case, specify; and ( b ) within such period as the Judge may specify in the order. (4) The registered medical practitioner must — ( a ) personally examine the solicitor; ( b ) determine whether the fitness of the solicitor to practise has been impaired by reason of the solicitor’s physical or mental condition; and ( c ) submit a report of his or her determination and the reasons for the determination, within 14 days from the date of the medical examination, to the solicitor, the Attorney‑General and the Council. (5) In making the determination under subsection (4), the registered medical practitioner may have regard to — ( a ) his or her own observations; ( b ) the results of any tests carried out on the solicitor; and ( c ) any facts which are communicated to him or her by the Attorney‑General, the Council or any other person. (6) The solicitor must bear all costs of and incidental to his or her medical examination under this section, any tests carried out on him or her for the purposes of the medical examination and the report mentioned in subsection (4)( c ). (7) Without affecting subsections (1) to (6), if the Council is satisfied that a solicitor’s fitness to practise appears to have been impaired by reason of the solicitor’s physical or mental condition, the Council may direct the solicitor to stop practising until he or she has submitted to a medical examination. (8) Where the Council has given a solicitor a direction under subsection (7) — ( a ) the Council must, not later than 7 days from the date the direction was given — (i) make an application under subsection (1) in relation to the solicitor; and (ii) serve that application on the solicitor; ( b ) the direction ceases to have effect, if — (i) the Council fails to comply with paragraph ( a ); or (ii) the application mentioned in paragraph ( a ) is dismissed; ( c ) the solicitor may, upon proof of a change in the circumstances or for any good cause — (i) inform the Council of the change or good cause and request that the Council’s direction be rescinded; or (ii) apply to a Judge for an order that the Council’s direction be set aside, such application to be made — (A) by summons, in a case where the Council has made an application under subsection (1) in relation to the solicitor; or (B) by originating application, in any other case, and served on the Society; and [Act 25 of 2021 wef 01/04/2022] ( d ) the solicitor must comply with the Council’s direction until it ceases to have effect under paragraph ( b ) or is rescinded by the Council or set aside by a Judge.


