Licence for multidiscipline and corporate practice
30.—(1) Subject to the provisions of this Act, the Board may grant a licence to any limited corporation to supply professional engineering services relating to any of the prescribed branches of professional engineering work in Singapore if —
(a)
the memorandum of association of the corporation provides that a primary object of the corporation is to supply such professional engineering services;
(b)
the paid-up capital of the corporation is not less than the amount prescribed by the Minister by notification in the Gazette;
(c)
the articles of association of the corporation provide that at least a prescribed number or proportion of its directors must be registered professional engineers or allied professionals who each has in force a practising certificate;
(d)
the business of the corporation, so far as it relates to such professional engineering work in Singapore, will be under the control and management of a director of the corporation who —
(i)
is a registered professional engineer who has in force a practising certificate; and
(ii)
is authorised under a resolution of the board of directors of the corporation to make all final engineering decisions on behalf of the corporation with respect to the requirements of this Act, the rules or any other law relating to the supply of professional engineering services by the corporation; and
(e)
the corporation is insured against professional liability in accordance with section 34 and the rules.
[4/95; 18/2003; 27/2005; 42/2005; 36/2017]
(2) Subject to the provisions of this Act, the Board may grant a licence to any unlimited corporation to supply professional engineering services relating to any of the prescribed branches of professional engineering work in Singapore if —
(a)
the memorandum of association of the corporation provides that a primary object of the corporation is to supply such professional engineering services;
(b)
the articles of association of the corporation provide that —
(i)
at least a prescribed number or proportion of its directors must be registered professional engineers or allied professionals who each has in force a practising certificate; and
(ii)
a person must not be registered as a member of that corporation unless the person is a director, a manager or an employee of the corporation; and
(c)
the business of the corporation, so far as it relates to such professional engineering work, will be under the control and management of a director of the corporation who —
(i)
is a registered professional engineer who has in force a practising certificate;
(ii)
is a member, or a registered owner of at least one share, of the corporation; and
(iii)
is authorised under a resolution of the board of directors of the corporation to make all final engineering decisions on behalf of the corporation with respect to the requirements of this Act, the rules or any other law relating to the supply of professional engineering services by the corporation.
[4/95; 18/2003; 27/2005; 36/2017]
(3) Subject to the provisions of this Act, the Board may grant to any partnership not consisting wholly of registered professional engineers a licence to supply professional engineering services relating to any of the prescribed branches of professional engineering work in Singapore if —
(a)
the partnership is one in which only —
(i)
registered professional engineers who each has in force a practising certificate authorising him or her to engage in professional engineering work to which those services relate; and
(ii)
allied professionals who each has in force a practising certificate,
have a beneficial interest in the capital assets and profits of the partnership; and
(b)
the business of the partnership, so far as it relates to such professional engineering work in Singapore, will be under the control and management of a partner who —
(i)
is a registered professional engineer; and
(ii)
has in force a practising certificate authorising the partner to engage in such professional engineering work.
[18/2003; 27/2005; 36/2017]
(4) Subject to the provisions of this Act, the Board may grant a licence to any limited liability partnership to supply professional engineering services relating to any of the prescribed branches of professional engineering work in Singapore if —
(a)
the statement lodged by the partners of the limited liability partnership with the Registrar of Limited Liability Partnerships under section 19(1) of the Limited Liability Partnerships Act 2005 provides that a primary nature of the business of the limited liability partnership is to supply such professional engineering services;
(b)
the partners in the limited liability partnership consist only of persons who satisfy any requirements that the Board may, with the approval of the Minister, prescribe;
(c)
at least one of the partners of the limited liability partnership is a registered professional engineer who has in force a practising certificate;
(d)
the business of the limited liability partnership, so far as it relates to such professional engineering work in Singapore, will be under the control and management of a partner who —
(i)
is a registered professional engineer who has in force a practising certificate; and
(ii)
is authorised under a resolution of the partners of the limited liability partnership to make all final engineering decisions on behalf of the limited liability partnership with respect to the requirements of this Act, the rules or any other law relating to the supply of professional engineering services by the limited liability partnership; and
(e)
the limited liability partnership is insured against professional liability in accordance with section 34 and the rules.
[27/2005; 36/2017]
(5) Any application for a licence under this section must be in such form and must be made in such manner as may be prescribed.
(6) The Board may refuse to grant a licence under this section to any corporation (whether unlimited or not), partnership or limited liability partnership if, in the opinion of the Board, the past conduct of any director, manager or employee of the corporation or any partner, manager or employee of the partnership or limited liability partnership provides reasonable grounds for believing that the corporation, partnership or limited liability partnership (as the case may be) will not supply professional engineering services in accordance with any written law and with honesty and integrity.
[27/2005]
(7) Every licence granted under this section is, unless earlier revoked, valid for such period as may be specified in the licence.
(8) Any person whose application for a licence has been refused by the Board may, within 30 days after being notified of the refusal, appeal to the Minister whose decision is final.
(9) In subsections (1) and (2), “prescribed number or proportion of directors” means —
(a)
where no number or proportion is specified under paragraph (b) — a majority of the directors; or
(b)
where a number or proportion is specified by the Minister for the purposes of subsections (1) and (2) by notification in the Gazette — such number or proportion of directors as may for the time being be so specified.