A director of a Singapore company can be disqualified when:
- The director becomes bankrupt.
- The director is convicted of an offence involving fraud or dishonesty that is punishable with an imprisonment term of 3 months or more.
- The director has been convicted for 3 or more filing offences under the Companies Act within a period of 5 years.
- The director has 3 or more High Court orders made against him compelling him to hand over the company’s registers and other related documents to the authorities for inspection or the requirement to file returns within a 5 year period.
- The director has 3 or more of his companies struck off the register by ACRA within a 5 year period.
The director has an obligation to notify the company of his or her disqualification. The company, once receiving the information, has to inform ACRA within 14 days of the director being disqualified. If a director is liable for disqualification but does not notify the company and continues to serve as a director of a company, a complaint can be lodged with ACRA by anyone who knows about the matter. ACRA will remove the director if they deem the complaint to be legitimate.
The length of the disqualification is 5 years. However, directors of companies which have been wound up on reasons of national security or interest will be disqualified for 3 years from that date that the winding up order was made. For offences that have an imprisonment period, the 5-year timeframe will start when the director is released from prison. If there is a conviction without imprisonment, then the 5-year period will start from the date of conviction.
At the end of the disqualification period, the director may be hired again and he can also incorporate his own company.
When in doubt, seek legal advice or consult an experienced ACRA Filing Agent.
The editorial team at Singapore Secretary Services
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