Licence for multi-discipline and corporate practice
20.—(1) Subject to the provisions of this Act, the Board may grant a licence to any limited corporation to supply any professional engineering services 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;
[42/2005 wef 30/01/2006]
(c)
the articles of association of the corporation provide that at least a prescribed number or proportion of its directors shall be registered professional engineers or allied professionals who each has in force a practising certificate;
[27/2005 wef 01/12/2005]
(d)
[Deleted by Act 4/95 wef 01/04/1995]
(e)
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
[18/2003 wef 01/01/2004]
(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
[18/2003 wef 01/01/2004]
(iii)
[Deleted by Act 4/95 wef 01/04/1995]
(f)
the corporation is insured against professional liability in accordance with section 24 and the rules.
[18/2003 wef 01/01/2004]
(2) Subject to the provisions of this Act, the Board may grant a licence to any unlimited corporation to supply any professional engineering services 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;
[4/95 wef 01/04/1995]
(b)
the articles of association of the corporation provide that —
(i)
at least a prescribed number or proportion of its directors shall be registered professional engineers or allied professionals who each has in force a practising certificate; and
(ii)
no person shall be registered as a member of that corporation unless he is a director, a manager or an employee of the corporation; and
[27/2005 wef 01/12/2005]
(c)
the business of the corporation, so far as it relates to 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;
[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 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.
[18/2003 wef 01/01/2004]
(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 any professional engineering services 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 to engage in professional engineering work to which those services relate; and
(ii)
allied professionals who each has in force a practicing certificate,
have a beneficial interest in the capital assets and profits of the partnership; and
[27/2005 wef 01/12/2005]
(b)
the business of the partnership, so far as it relates to professional engineering work in Singapore, will be under the control and management of a partner who —
(i)
is a registered professional engineer; and
[18/2003 wef 01/01/2004]
(ii)
has in force a practising certificate authorising the partner to engage in such professional engineering work.
(4) Subject to the provisions of this Act, the Board may grant a licence to any limited liability partnership to supply professional engineering services in Singapore if —
(a)
the statement lodged by the partners of the limited liability partnership with the Registrar of Limited Liability Partnerships under section 15(1) of the Limited Liability Partnerships Act 2005 (Act 5 of 2005) provides that a primary nature of the business of the limited liability partnership is to supply professional engineering services;
(b)
the partners in the limited liability partnership consist only of persons who satisfy such requirements as 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 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 24 and the rules.
[27/2005 wef 01/12/2005]
(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 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 affords 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 wef 01/12/2005]
(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 to the Minister whose decision shall be final.
(9) In subsections (1) and (2), “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 subsections (1) and (2) by notification in the Gazette, such number or proportion of directors as may for the time being be so specified.