Licence for multi-discipline and corporate practice
20.—(1) Subject to the provisions of this Act, the Board may grant to a limited corporation a licence to supply architectural services in Singapore if —
(a)
the memorandum of association of the corporation provides that a primary object of the corporation is to supply architectural services;
(b)
at least $1 million of the authorised capital of the corporation is paid up;
(c)
the articles of association of the corporation provide that a prescribed number or proportion of directors shall be registered architects or allied professionals;
[18/2003 wef 01/01/2004]
(d)
the business of the corporation, so far as it relates to the supply of architectural services, will be under the control and management of a director of the corporation who —
(i)
is a registered architect who has in force a practising certificate; and
[18/2003 wef 01/01/2004]
(ii)
is authorised under a resolution of the board of directors of the corporation to make all final architectural 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 architectural services by the corporation; and
[18/2003 wef 01/01/2004]
[28/2005 wef 01/12/2005]
(e)
the corporation is insured against professional liability in accordance with section 24 and the rules.
[3/95]
(2) Subject to the provisions of this Act, the Board may grant a licence to any unlimited corporation to supply architectural services in Singapore if —
(a)
the memorandum of association of the corporation provides that a primary object of the corporation is to supply architectural services;
(b)
the articles of association of the corporation provide that —
(i)
no person shall be a director of the corporation unless he is a registered architect or an allied professional; and
(ii)
no person shall be registered as a member of that corporation —
(A)
unless he is a registered architect or an allied professional and a director, a manager or an employee of the corporation; or
(B)
if he is a nominee of a person who is not a registered architect or an allied professional; and
(c)
the business of the corporation, so far as it relates to the supply of architectural services, will be under the control and management of a director of the corporation who —
(i)
is a registered architect who has in force a practising certificate;
[18/2003 wef 01/01/2004]
(ii)
is a member, or a registered owner of at least one share, of the corporation; and
[18/2003 wef 01/01/2004]
(iii)
is authorised under a resolution of the board of directors of the corporation to make all final architectural 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 architectural services by the corporation .
[18/2003 wef 01/01/2004]
[28/2005 wef 01/12/2005]
(3) Subject to the provisions of this Act, the Board may grant to a partnership not consisting wholly of registered architects a licence to supply architectural services in Singapore if —
(a)
the partnership is one in which only registered architects, each of whom shall have in force a practising certificate, and allied professionals 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 the supply of architectural services in Singapore, will be under the control and management of a partner who is a registered architect and has in force a practising certificate.
(4) Subject to the provisions of this Act, the Board may grant to any corporation (whether unlimited or not), or a partnership not consisting wholly of registered architects, a licence to supply architectural services in Singapore if the corporation or partnership has in force a licence granted under section 17 of the Land Surveyors Act (Cap. 156) or section 20 of the Professional Engineers Act (Cap. 253) and —
(a)
in the case of an unlimited corporation, the corporation complies with the requirements set out in subsection (2)(b) and (c);
(b)
in the case of any other corporation, the corporation complies with the requirements set out in subsection (1)(b), (c), (d) and (e); or
(c)
in the case of a partnership, the partnership complies with the requirements set out in subsection (3).
[3/95]
(5) Any application for a licence under this section shall be in such form and shall be made in such manner as may be prescribed.
(6) The Board may refuse to grant a licence to any corporation (whether unlimited or not) or 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, affords reasonable grounds for believing that the corporation or partnership, as the case may be, will not supply architectural services in Singapore in accordance with the written law and with honesty and integrity.
(7) Every licence granted under this section shall, unless earlier revoked, be valid for such period as may be specified therein.
(8) Any person whose application for a licence has been refused by the Board may, within 30 days after being notified of such refusal, appeal in the prescribed manner to the Minister whose decision shall be final.
(9) In subsection (1), “prescribed number or proportion of directors” means —
(a)
a majority of the directors, where no number or proportion is specified under paragraph (b); or
(b)
where a number or proportion is specified by the Minister for the purposes of subsection (1) by notification in the Gazette, such number or proportion of directors as may for the time being be so specified.