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Singapore offers excellent career opportunities to both locals and foreigners. Foreigners who wish to work in Singapore need to obtain an EP (Employment Pass). The employer Company sponsors the Employment Pass of the employee. Hence, the EP serves as a work permit for the respective employer only.
MOM (Ministry of Manpower) is the governing body that implements and formulates labor policies in Singapore. A foreign candidate must seek MOM's approval before applying for any role in a Singapore company.
A person who is already on EP for one company can hold a directorial position in another company under some exceptional circumstances.
A person can be offered a secondary directorship in a related company if that role is critical for performance of the EP holder’s job. However, the success of one's application depends on several factors.
For related companies like a subsidiary, MOM recognizes that a secondary directorship position can be crucial to the Employment Pass holder's job role. The EP pass holder who is appointed to the Board of Directors must carry out one's directorship duties as per the Singapore Companies Act.
The employer has to fulfill the following requirements.
MOM will grant a LOC under the following conditions:
In such a situation, a LOC can only be granted if the directorship position is relevant to the EP holder's primary occupation. However, chances for obtaining a LOC even in such instances are quite slim. In general if there are no compelling reasons relevant for the first employment then such a role will not be approved.
A LOC is only granted if the EP holder's company and the employer's company are related by shareholding. Therefore, an EP holder can't act as a nominee director in a company that is not associated with his/her company by shareholding.
This is due to the law that EP directors cannot hold multiple jobs. As a company's director, one must discharge specific duties that are considered a form of work. Hence, it is not legal for an EP holder to act as a nominee director of any Singapore company.
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