Prosecutors in the Accounting & Corporate Regulatory Authority (“ACRA”) are authorised to prosecute breaches under the various Acts administered by the ACRA. Upon conviction, the State Court is empowered to sentence an offender to a fine, a term of imprisonment or to both, depending on the punishment prescribed by the legislation. Some of the cases prosecuted by ACRA’s prosecutors are highlighted below.

List of Prosecution of Cases in the State Courts
Case Offence Summary of Case
PP v Khor Yi Xiong, Aaron Section 175(1)(b) read with section 175(4)(a) and section 408(3)(b) of the Companies Act, Cap. 50; and

Section 197(1)(b) read with section 197(6) and section 408(3)(b) of the Companies Act, Cap. 50.
On 22 December 2022, Khor Yi Xiong, Aaron (“Mr Aaron Khor”), a nominee director of 283 companies, was convicted in State Court No. 7A of 7 charges under section 175 and 7 charges under section 197 of the Companies Act, for failing to hold the annual general meeting and file the annual return for 7 companies. Another 16 charges for the same offences relating to 8 other companies, were taken into consideration for the purpose of sentencing. Upon his conviction, Mr Aaron Khor was fined $1,400 per charge, amounting to a total fine of $19,600.

Pursuant to section 155 of the Companies Act, Cap. 50, he was also disqualified from acting as a director of any company, or being directly or indirectly involved in the management of a company, for a period of 5 years.
PP v Tham Wan Loong Jerome  Section 175(1)(b) read with section 175(4)(a) and section 408(3)(b) of the Companies Act, Cap. 50; and

Section 197(1)(b) read with section 197(6) and section 408(3)(b) of the Companies Act, Cap. 50.
On 6 December 2022, Mr Tham Wan Loong, Jerome (“Mr Jerome Tham”), a nominee director of 157 companies, was convicted in State Court No. 7A of 7 charges under section 175 and 7 charges under section 197 of the Companies Act, Cap. 50 for failing to hold the annual general meeting and file the annual return for 5 companies. Another 20 charges relating to 8 other companies for the same offences, were taken into consideration for the purpose of sentencing. Upon his conviction, Mr Jerome Tham was fined $1,400 per charge, amounting to a total fine of $19,600. 

Pursuant to section 155 of the Companies Act, Cap. 50, he was also disqualified from acting as a director of any company, or being directly or indirectly involved in the management of a company, for a period of 5 years.
PP v Ching Lee Lian  Section 401(2A)(a) of the Companies Act, Cap. 50  On 7 November 2022, Ms Ching Lee Lian (“Ms Ching”) was convicted by the state courts for an offence under section 401(2A)(a) of the Companies Act, Cap. 50 for making a false declaration to the Accounting & Corporate Regulatory Authority (“ACRA”). Ms Ching had applied to ACRA to strike off M/s Axpect Global Pte Ltd, a company that she was a director of. Ms Ching had falsely declared to ACRA that the company had no existing assets and liabilities, despite the company owing a creditor the sum of $35,625. Upon her conviction, Ms Ching was fined $12,000. Pursuant to section 154 of the Companies Act Cap. 50, she was also disqualified from acting as a director of any company, or taking part in the management of any company, for a period of 5 years.

It is an offence under 401(2A)(a) of the Companies Act, Cap. 50 to lodge any document with ACRA knowing that document to be false or misleading in a material aspect. The prescribed maximum sentence for committing such an offence is a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both. 
PP v Tan Hock Lye Lawrence  Section 175(1)(b) read with section 175(4)(a) and section 408(3)(b)  of the Companies Act, Cap. 50; and

Section 197(1)(b) read with section 197(6) and section 408(3)(b) of the Companies Act, Cap. 50. 
On 3 October 2022, Mr Tan Hock Lye Laurence (“Mr Lawrence Tan”), a nominee director of 207 companies, was convicted in State Court 7A of 7 charges under section 175 and 7 charges under section 197 of the Companies Act, Cap. 50 for failing to hold the annual general meeting and file the annual return for 7 companies.  Another 19 charges relating to 13 companies for the same offences, were taken into consideration for the purpose of sentencing. Upon his conviction, Mr Lawrence Tan was fined $1,500 per charge, amounting to a total fine of $21,000. 

Pursuant to section 155 of the Companies Act, Cap. 50, he was also disqualified from acting as a director of any company, or being directly or indirectly involved in the management of a company, for a period of 5 years.
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