| PP v Leong Wai Kuan |
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.
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On 16 May 2023, Mr Leong Wai Kuan (“Mr Leong”), a nominee director of 160 companies, was convicted in State Court No. 7A of 8 charges under section 175 and 8 charges under section 197 of the Companies Act, Cap. 50 for failing to hold the annual general meeting and file the annual return for 8 companies. Another 36 charges relating to 15 other companies for the same offences, were taken into consideration for the purpose of sentencing. Upon his conviction, Mr Leong was fined $1,300 per charge, amounting to a total fine of $20,800.
Pursuant to section 155 of the Companies Act, Cap. 50, Mr Leong 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 Dennis Poh Wei Song |
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.
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On 20 March 2023, Mr Dennis Poh Wei Song (“Mr Poh”), a director of 80 companies, 78 of which was in his capacity as a nominee director, was convicted in State Court No. 7A of 17 charges under section 175 and 17 charges under section 197 of the Companies Act, Cap. 50 for failing to hold the annual general meeting and file the annual return for 12 companies. Another 36 charges relating to 15 other companies for the same offences, were taken into consideration for the purpose of sentencing. Upon his conviction, Mr Poh was fined $1,500 per charge for 28 of the charges in respect of which he was a nominee director and $1,100 per charge for 6 charges in respect of which he was an executive director. The total fine amounted to $48,600.
Pursuant to section 155 of the Companies Act, Cap. 50, Mr Poh 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 Foo Bun Ee |
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 20 March 2023, Mr Foo Bun Ee (“Mr Foo”), a nominee director of 174 companies at the commencement of investigations, was convicted in State Court No. 7A of 15 charges under section 175 and 15 charges under section 197 of the Companies Act, Cap. 50 for failing to hold the annual general meeting and file the annual return for 15 companies. Another 60 charges relating to 30 other companies for the same offences, were taken into consideration for the purpose of sentencing. Upon his conviction, Mr Foo was fined $1,500 per charge, amounting to a total fine of $45,000.
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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| PP v Liang Jiansen |
Section 401(2A)(a) of the Companies Act, Cap. 50 |
On 9 Jan 2023, Mr Liang Jiansen (“Mr Liang”), was convicted by the state courts for an offence under section 401(2A)(a) of the Companies Act, Cap. 50 for making a false lodgement to the Accounting & Corporate Regulatory Authority (“ACRA”). In the lodgement, Mr Liang falsely informed ACRA that his employee at the material time was appointed a director of a company when he knew she had not agreed to act as the director of the company.
Upon his conviction, Mr Liang was fined $10,000.
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 respect. The prescribed maximum sentence for committing such an offence is a fine not exceeding $50,000 or imprisonment for a term not exceeding 2 years or both.
During the material time, Mr Liang was the sole director and shareholder of Yuansen Business Pte Ltd, which is a registered filing agent (“RFA”) authorised under the ACRA Act to carry out transactions with the Registrar of Companies using ACRA’s electronic transaction system, Bizfile+ on behalf of another person. Mr Liang was also a registered qualified individual (“RQI”) engaged by Yuansen Business Pte Ltd to carry out transactions with the Registrar.
ACRA has cancelled Mr Liang’s registration as an RQI and Yuansen Business Pte Ltd’s registration as an RFA, pursuant to Section 32(12)(a) and Section 31(13)(a) of the ACRA Act 2004 respectively, with effect from 28 February 2023. |
| PP v Janice Peh Jie Ying |
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.
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On 15 February 2023, Ms Janice Peh Jie Ying (“Ms Janice Peh”), a nominee director of 57 companies, was convicted in State Court No. 7A of 12 charges under section 175 and 12 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 46 charges relating to 11 other companies for the same offences, were taken into consideration for the purpose of sentencing. Upon her conviction, Ms Janice Peh was fined $1,400 per charge, amounting to a total fine of $33,600.
Pursuant to section 155 of the Companies Act, Cap. 50, she 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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| PP v Pay Thiam Yong Roger |
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.
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On 6 February 2023, Mr Pay Thiam Yong (“Mr Roger Pay”), a nominee director of 191 companies, was convicted in State Court No. 7A of 20 charges under section 175 and 20 charges under section 197 of the Companies Act, Cap.50 for failing to hold the annual general meeting and file the annual return for 20 companies. Another 40 charges relating to 15 companies for the same offences, were taken into consideration for the purpose of sentencing. Upon his conviction, Mr Roger Pay was fined $1,500 per charge, amounting to a total fine of $60,000.
Pursuant to section 155 of the Companies Act, 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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| 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.
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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, Cap. 50, for failing to hold the annual general meeting and file the annual return for 7 companies. Another 16 charges relating to 8 companies for the same offences, were taken into consideration for the purpose of sentencing. Upon his conviction, Mr Aaron Khor was fined $1400 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.
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| 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.
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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.
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| PP v Ching Lee Lian |
Section 401(2A)(a) of the Companies Act, Cap. 50 |
On 21 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. |