| PP v Xie Yong |
Section 175(1)(b) read with section 175(4)(a) and section 408(3)(b) of the Companies Act, Cap. 50;
Section 197(1)(b) read with section 197(6) and section 408(3)(b) of the Companies Act, Cap. 50;
Section 401(2A)(a) of the Companies Act, Cap 50;
Section 157(1) of the Companies Act, Cap 50 punishable under Section 157(3)(b) of Companies Act, Cap. 50; and
Section 157(1) of the Companies Act, Cap 50 punishable under Section 157(3)(b) of the Companies Act, Cap. 50 read with Section 109 of the Penal Code, Cap. 224. |
On 18 December 2023, Mr Xie Yong, was convicted in State Court No. 11B for the following offences:
(a) 5 charges under section 175 and 5 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 10 other companies for the same offences, were taken into consideration for the purpose of sentencing. Upon his conviction, Mr Xie Yong was fined $1,200 per charge, amounting to a total fine of $12,000.
(b) 5 charges under s401(2A)(a) of the Companies Act, Cap. 50 for lodging 5 documents “Change of Financial Year End” in respect of 5 companies with the Registrar of Companies knowing that those documents were false in a material respect, by declaring in each document that the relevant period for changing the financial year for each company has not expired when he knew that the said period had in fact expired. Another 10 charges relating to 10 companies for the same offences were taken into consideration for the purpose of sentencing. Mr Xie Yong was fined $9,000 per charge, amounting to a total fine of $45,000.
Mr Xie Yong was thereby sentenced to a global fine of $57,000. Mr Xie Yong was also convicted of a further 4 charges under s157(1) of the Companies Act, Cap. 50, which were brought by CAD and he was sentenced to a total of 4 weeks imprisonment.
Pursuant to the Court’s Order, Mr Xie Yong was 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 commencing from 18 December 2023.
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| PP v Woo Kang Wei |
Section 401(2A)(a) of the Companies Act, Cap. 50.
Section 157(1) read with section 157(3) of the Companies Act, Cap. 50 |
On 27 November 2023, Mr Woo Kang Wei (“Mr Woo”) was convicted in State Court 19B, after a trial, for the following offences:
a) an offence under section 401(2A)(a) of the Companies Act, Cap. 50, for lodging a “Transfer of Shares” document declaring to ACRA that 500 shares in a company belonging to another shareholder had been transferred to a third party when, in fact, the said shareholder had not agreed to the said transfer. Upon his conviction, Mr Woo was fined $10,000.
b) an offence under section 157(1) read with section 157(3)(b) of the Companies Act, Cap. 50 for failing to use reasonable diligence in ensuring that a board resolution relating to a director’s vacation of his directorship in a company, was passed in accordance with the company’s constitution. Upon his conviction, Mr Woo was fined $3,200.
Pursuant to section 154 of the Companies Act Cap. 50, Mr Woo was also disqualified from acting as a director of any company, or from taking part in the management of any company for a period of 2 years.
It is an offence under section 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.
It is an offence under section 157(1) read with section 157(3)(b) of the Companies Act, Cap. 50 for a director to fail to use reasonable diligence in the discharge of the duties of his office. The prescribed maximum sentence for committing such an offence is a fine not exceeding $5,000 or imprisonment for a term not exceeding 12 months.
[Note: Mr Woo’s appeal against sentence and conviction was heard and dismissed by the High Court on 25 October 2024. The High Court also enhanced his period of disqualification to 5 years.]
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PP v Tan Diliang (Chen Diliang)
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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 30 October 2023, Mr Tan Diliang (“Mr Tan”), a nominee director of 217 companies at the commencement of investigations, was convicted in State Court No. 7A of 4 charges under section 175 and 4 charges under section 197 of the Companies Act, Cap. 50, for failing to hold the annual general meeting and file the annual return for 4 companies. Another 14 charges relating to 10 other companies for the same offences, were taken into consideration for the purpose of sentencing. Upon his conviction, Mr Tan was fined $1,300 per charge, amounting to a total fine of $10,400.
Pursuant to section 155 of the Companies Act, Cap. 50, Mr Tan 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 Boon Hock-Chye Amos Leonard
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Section 401(2A)(a) of the Companies Act, Cap. 50. |
On 25 October 2023, Mr Boon Hock-Chye Amos Leonard (“Mr Boon”), was convicted in State Court No. 7A of 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”). Mr Boon had applied to strike off Launch Group Pte Ltd, a company that he was a director of. Mr Boon had declared that the company had no existing liabilities despite the company owing a creditor a sum of $226,000. Upon his conviction, Mr Boon was fined $7,000.
Pursuant to section 154 of the Companies Act Cap. 50, he was also disqualified from acting as a director of any company, or from taking part in the management of any company for a period of 5 years.
It is an offence under section 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.
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| PP v Jeon Sangwoo |
Section 157(1) read with section 157(3)(b) of the Companies Act, Cap. 50.
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On 4 October 2023, Mr Jeon Sangwoo (“Mr Jeon”), was convicted in State Court No. 7A of an offence under section 157(1) read with section 157(3)(b) of the Companies Act, Cap. 50 for failing to use reasonable diligence in the discharge of his duties as a director of Bedebon Pte. Ltd. Mr Jeon had instructed the company secretary to lodge a “Transfer of Shares” document declaring to the Registrar of Companies that 10,000 shares in the company had been transferred to him by one of the company’s shareholders when, in fact, there was no such transfer. Upon his conviction, Mr Jeon was fined $3,500.
It is an offence under section 157(1) read with section 157(3)(b) of the Companies Act, Cap. 50 for a director to fail to use reasonable diligence in the discharge of the duties of his office. The prescribed maximum sentence for committing such an offence is a fine not exceeding $5,000 or imprisonment for a term not exceeding 12 months.
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| PP v Lorenzo International Limited |
Section 175(1)(a) punishable under section 175(4)(a) of the Companies Act 1967.
Section 175(1)(a) read with section 175(2)(b) punishable under section 175(4)(a) of the Companies Act 1967.
Section 197(1)(a) punishable under section 197(6) of the Companies Act 1967.
Section 197(1)(a) read with section 197(1B)(b) punishable under section 197(6) of the Companies Act 1967.
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On 18 September 2023, Lorenzo International Limited (“the Company”), was convicted in State Court No. 7A of 3 charges under section 175 and 3 charges under section 197 of the Companies Act 1967 for failing to hold the annual general meeting and file the annual return in respect of the company’s financial years’ 2020, 2021 and 2022.
The Company which was incorporated in 2005 was listed on the Singapore Exchange Securities Limited (SGX-ST) on 2006 and was delisted in February 2023. Upon conviction, the Company was fined $1,400 per charge, amounting to a total fine of $8,400. |
| PP v Lee Wee Sing Wilson |
Section 148(1) of the Companies Act, Cap. 50. |
On 11 September 2023, Mr Lee Wee Sing Wilson (“Mr Lee”), was convicted in State Court No. 7A of an offence under section 148(1) of the Companies Act, Cap. 50 for indirectly taking part in the management of Printpix Pte Ltd between 24 May 2018 and 1 December 2019, without the leave of the Court or the written permission of the Official Assignee whilst he was still an undischarged bankrupt. Upon his conviction, Mr Lee was fined $8,000.
It is an offence under section 148(1) of the Companies Act, Cap.50 for any person, being an undischarged bankrupt (whether he was adjudged bankrupt by a Singapore Court or a foreign court having jurisdiction in bankruptcy), to act as a director of, or directly or indirectly take part in or be concerned in the management of any corporation, without the leave of the Court or the written permission of the Official Assignee. The prescribed maximum sentence for committing such an offence is a fine not exceeding $10,000 or imprisonment for a term not exceeding 2 years or both.
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| PP v Tan Yu Leng |
Section 401(2A)(b) the Companies Act 1967.
Section 197(1)(b) read with section 197(6) and section 408(3)(b) of the Companies Act, Cap.50. |
On 31 August 2023, Mr Tan Yu Leng (“Mr Tan”), was convicted in the State Court No. 29B for an offence under section 401(2A)(b) of the Companies Act 1967 for authorising the filing of a document with the Accounting and Corporate Regulatory Authority ("ACRA") which he knew was false in a material particular. Mr Tan had authorised the filing of a document which stated that 50,000 shares in Trenzol Collection Pte. Ltd. were allotted to him and that he had paid $50,000 for those shares on 2 March 2022, when he had not.
Mr Tan also pleaded guilty to 6 charges of failing to file the annual return under section 197 of the Companies Act, Cap. 50. Six charges of failing to hold the annual general meeting under section 175 of the Companies Act, Cap. 50 were taken into consideration for the purpose of sentencing.
Upon his conviction, Mr Tan was fined $8,000 on the charge of authorising the filing of false information and $1,000 each, on the 6 charges of failing to file annual returns. The total fine imposed was $14,000.
Pursuant to section 154 and section 155 of the Companies Act Cap. 50, he 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 section 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.
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| PP v Yeo Soon Huat |
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 August 2023, Mr Yeo Soon Huat (“Mr Yeo”), a nominee director of 86 companies, was convicted in State Court No. 7A of 10 charges under section 175 and 10 charges under section 197 of the Companies Act, Cap. 50 for failing to hold the annual general meeting and file the annual return for 10 companies. Another 46 charges relating to 7 other companies for the same offences, were taken into consideration for the purpose of sentencing. Upon his conviction, Mr Yeo was fined $1,300 per charge, amounting to a total fine of $26,000.
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 Simon s/o Chandrahason |
Section 157(1) read with section 157(3)(b) of the Companies Act, Cap. 50.
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On 24 July 2023, Mr Simon s/o Chandrahason (“Mr Simon”) was convicted by the State Court 7A for an offence under section 157(1) read with section 157(3)(b) of the Companies Act, Cap. 50 for failing to use reasonable diligence in the discharge of his duties as a director of Fong Sheng Long (Recycling) Pte Ltd (“the company”). Mr Simon applied to the Accounting & Corporate Regulatory Authority to strike off the company by declaring that the company had no existing liabilities or contingent liabilities when in fact this was not the case. Upon his conviction, Mr Simon was fined $2,500.
It is an offence under section 157(1) read with section 157(3)(b) of the Companies Act, Cap.50 for a director to fail to use reasonable diligence in the discharge of the duties of his office. The prescribed maximum sentence for committing such an offence is a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months.
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| PP v USP Group Limited |
Section 175(1)(a) read with section 175(4)(a) of the Companies Act 1967. |
On 14 June 2023, USP Group Limited (“the Company”), was convicted in State Court No. 4AN of 1 charge under section 175 of the Companies Act 1967, for failing to hold the annual general meeting for the Company’s financial year ending on 31 March 2022, by 31 July 2022.
The Company which was incorporated in 2004 has been listed on the Singapore Exchange Securities Limited (SGX-ST) since 2007. Upon conviction, the Company was fined $1,400 on the charge. |
| PP v Koh David |
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 12 June 2023, Mr Koh David (“Mr Koh”), a nominee director of 128 companies, was convicted in State Court No. 7A of 14 charges under section 175 and 14 charges under section 197 of the Companies Act, Cap. 50, for failing to hold the annual general meeting and file the annual return for 13 companies. Another 48 charges relating to 22 other companies for the same offences, were taken into consideration for the purpose of sentencing. Upon his conviction, Mr Koh was fined $1,500 per charge, amounting to a total fine of $42,000.
Pursuant to section 155 of the Companies Act, Cap. 50, Mr Koh 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 Lau Siew Lan |
Section 401(2A)(a) of the Companies Act, Cap.50 |
On 29 May 2023, Ms Lau Siew Lan (“Ms Lau”) was convicted by the State Court No. 7A 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 Lau, a secretary of Bedebon Pte. Ltd. (the “Company”), had lodged 2 documents with the Registrar of Companies knowing that those documents were false in a material respect. Ms Lau had falsely declared to ACRA that 2 shareholders of the Company had transferred 10, 000 shares each in the Company to one Jeon Sangwoo, a director of the Company at the time, when no such share transfers had in fact taken place. Upon her conviction, Ms Lau was fined $7,500.
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 section 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.
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| 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 Lee Siew Lian |
Section 401(2A)(a) of the Companies Act, Cap.50.
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On 24 April 2023, Ms Lee Siew Lian ("Ms Lee"), was convicted in State Court No. 7A for an offence under section 401(2A)(a) of the Companies Act, Cap. 50, for filing false information with the Accounting and Corporate Regulatory Authority (ACRA). Three similar charges were taken into consideration for the purpose of sentencing.
Ms Lee had changed the registered office addresses of 4 of her client companies, from her business address to another address, when there had been no such change in the companies’ addresses.
Upon her conviction, Ms Lee was fined $8,000 on the proceeded charge. 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 section 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.
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| 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 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 Liang Jiansen |
Section 401(2A)(a) of the Companies Act, Cap. 50.
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On 9 January 2023, Mr Liang Jiansen (“Mr Liang”), was convicted in State Court No. 7A 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 section 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. |