who is not allowed to be the director of a Singapore Company? What are Directors Disqualifications?
A disqualified director is an individual who cannot hold his position as a director and involve in the management of a local or foreign company.
A director may face disqualification under different circumstances. In certain situations, an individual can seek permission from the Official Assignee or the High Court for his reappointment as a director of the previous or a new company. The circumstances that disqualify a director are :
Section 148 of the Companies Act – Due to bankruptcy
Section 149 of the Companies Act – By the Order of the Court. A disqualification order is given under two circumstances :
The disqualified individual was director of an insolvent company at the time of liquidation or stopped being the director of that company within three years from the liquidation date
Conduct of disqualified individual was unfit as director of the insolvent company
Section 149A of the Companies Act – Due to being the director of a company that was wound up for the reasons that it served purposes against national interest and security
Section 154 of the Companies Act – Due to the person being convicted for offenses of dishonesty or fraud. These offenses must be punishable with three months or more in imprisonment. A person can also get disqualified upon the conviction for :
Offenses regarding management and formation of a company
Offenses regarding failure or inability to carry out one’s directorial duties honestly and keeping proper accounting records
Section 155 of the Companies Act – Due to a person being convicted of more than three offenses related to filing with the Registrar of the company within a period of 5 years. A person can also be disqualified if three or more High Court Orders are made against him due to the failure in compliance with the relevant requirements of the Act within a period of 5 years.
Section 155A of the Companies Act – If ACRA strikes off three or more companies of a director under Section 344 within a period of 5 years, the director gets disqualified.
Section 13 or 399 of the Companies Act – Due to the person being convicted to three or more offenses regarding the failure in filing accounts, returns, and other critical documents with the Registrar of Companies and the High Court of Singapore has made three or more orders against the said director concerning such requirements.
