A filing agent is a person who or which, in the course of his or its business, carries out on behalf of any other person (for example, a customer) any transaction with the Registrar using the electronic transaction system, or via any other means allowed by the Registrar, if the electronic transaction system is unavailable.
General requirements for being a registered filing agent
The person must:
- be a business entity registered with ACRA i.e. incorporated company, registered business, registered limited liability partnership or registered limited partnership;
- act by or through at least one registered qualified individual. For example, the person may himself be a registered qualified individual, or have at least one partner who is a registered qualified individual, or he may employ or engage at least one registered qualified individual;
- be a fit and proper person, or show that his directors or partners or persons directly or indirectly taking part in or concerned in his management are fit and proper; and
- have attended the mandatory AML/CFT course and passed the proficiency test at least once in every two years; and
- if applicable, not less than 2 years have elapsed since the cancellation of his previous registration as a filing agent due to a sanction by ACRA.
A qualified individual is an individual who satisfies such criteria as may be prescribed.
General requirements for being a registered qualified individual
The person must:
- be a qualified individual, which term is defined in the ACRA (Filing Agents and Qualified Individuals) Regulations to mean:
- an advocate and solicitor of the Supreme Court of Singapore;
- a public accountant registered under the Accountants Act;
- a member of the Institute of Singapore Chartered Accountants;
- a member of the Association of International Accountants (Singapore Branch);
- a member of the Institute of Company Accountants, Singapore;
- a member of the Chartered Secretaries Institute of Singapore; or
- a corporate secretarial agent; i.e. a person who is carrying on the business of providing corporate secretarial services for one or more companies and has been doing so for at least 3 years in the preceding 5 years; and has been a secretary of a company for at least 3 years in the preceding 5 years.;
- be a fit and proper person; and
- if applicable, not less than 2 years have elapsed since the cancellation of his previous registration as a qualified individual due to a sanction by ACRA.