Private Sector Service Article 19(4)(a), (b) or (c) of the Constitution |
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1. TYPE OF PRIVATE SECTOR SERVICE |
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I seek to rely on (tick only one box): |
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| Article 19(4)(c) (both periods under Article 19(4)(a)) |
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| Article 19(4)(c) (both periods under Article 19(4)(b)) |
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| Article 19(4)(c) (one period under Article 19(4)(a) and one period under Article 19(4)(b)) |
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If you rely on Article 19(4)(c) for 2 periods of service in 2 different entities, complete one copy of this Annex for each entity. |
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Unique entity number or any equivalent identification number |
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Country where entity is incorporated or constituted |
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Is the entity the parent of a group under the accounting standards it applies? |
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If you are relying on Article 19(4)(c), are you relying on Article 19(4)(a) or Article 19(4)(b) for your service in this entity? |
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3. PERIOD OF SERVICE RELIED ON |
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State the first and last day of the period of service in the entity that you are relying on to satisfy Article 19(4)(a), (b) or (c), as the case may be. |
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If you seek to satisfy Article 19(4)(b) for a 3‑year period, or for one or both of the periods under Article 19(4)(c), state the position in which you served and seek to rely on. |
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State all the periods where you served in the entity, in any position. Use a new row for every different position held and start from the most recent period. |
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| | | | Is position equivalent to chief executive? (Y/N) |
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5. FUNCTIONS AND RESPONSIBILITIES |
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Describe your functions and responsibilities in the periods during which you served in the position that you seek to rely on. |
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6. FINANCIAL INFORMATION SUBMITTED |
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(a) Financial statements: List all the financial years or financial periods during which you served in the position that you are relying on, and describe the financial statements (if any) you submitted for each financial year or financial period. Use one row for each financial year/financial period. Use financial periods only where the financial year is not over at the time of the application. |
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| First and last day of financial year/financial period |
| Describe the financial statements submitted for the financial year/financial period, including (a) whether the statements are consolidated; (b) whether the statements are audited; (c) if the statements are not audited, whether there are any other assurances of their reliability; (d) whether accepted accounting standards are used in preparing the statements and if not, whether the documents required under regulation 15(8) are submitted. |
| State the items in the financial statements you consider to be the equivalent of shareholders’ equity and profit after tax (put “N/A” if the financial statements are prepared under the Singapore Accounting Standards). |
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To the best of your knowledge and belief, does each set of financial statements described above (other than interim unaudited financial statements) comply with all the legal and regulatory requirements that apply in relation to it, including the legal and regulatory requirements that apply to the audit of the financial statements? |
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If no, provide the details of the non‑compliance, including the requirement that was not complied with and any sanction imposed for the non‑compliance. |
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(c) Explanation: Give an explanation if (a) you did not submit any document required under regulation 14 or 15 for any period of service; (b) you submitted a document that does not fully comply with the requirements of regulation 14 or 15; or (c) you did not submit any financial statements for any period of service. Put “N/A” if this is not applicable. |
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(d) Assurance: If you did not submit any financial statements at all for any period of service, sign in the signature block below. |
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I declare that, to the best of my knowledge and belief, nothing has occurred during any period of service for which I did not submit any financial statements that may negatively affect the financial position and financial performance of the entity *(and the group that the entity is the parent of) in a way that is material to this application. |
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................................. Signature |
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| State each financial year/financial period of the entity which ended during the qualifying period in Section 3, starting from the most recent financial year/financial period. |
Use financial periods only if the financial year is not over at the date of the application. |
| Shareholders’ equity (or equivalent) at the end of the financial period (in presentation currency), based on the financial statements submitted.# |
Put “N/A” if no financial statements are submitted. |
| Shareholders’ equity at the end of the financial period (converted to Singapore dollars). |
| State the exchange rates used and how they were obtained. |
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# | The financial statements used for this column must be financial statements prepared using any accepted accounting standards or converted to the Singapore Accounting Standards. |
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| State each financial year/financial period of the entity which ended during the period when you served in the position you are relying on. |
Use financial periods only if the financial year is not over at the date of the application. |
| Profit after tax (or equivalent) for the financial year/financial period (in presentation currency), based on the financial statements submitted.# |
Put “N/A” if no financial statements are submitted. |
| Profit after tax for the financial year/financial period (in Singapore dollars). |
Put “N/A” if the entity uses only one presentation currency. |
| If you served in the position you are relying on for only part of the financial year/financial period, state the first and last days of the financial year/financial period where you served as the chief executive. |
| If you served in the position you are relying on for only part of the financial year/financial period, state the pro‑rated profit for the financial year/financial period. |
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# | The financial statements used for this column must be financial statements prepared using any accepted accounting standards or converted to the Singapore Accounting Standards. |
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9. DECLARATION OF SOLVENCY |
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This section applies only if the applicant is relying on service in a company for the purposes of Article 19(4)(a) (including for one or both of the 2 periods under Article 19(4)(c)). |
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What is your last day of service in the position you are relying on, as at the date of the writ? |
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(b) Declaration: Sign against the applicable declaration |
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(1) | I declare that, within 3 years after my last day of service, the company has not been subject to any insolvency event within the meaning of regulation 32. |
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................................. Signature |
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(2) | I declare that, within 3 years after my last day of service, the company has been subject to an insolvency event within the meaning of regulation *32(2)(b)/(3)(a)/(3)(b), but its assets exceeded its liabilities at the time of the insolvency event. |
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................................. Signature |
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(3) | I declare that, from my last day of service to the date of the writ, the company has not been subject to any insolvency event within the meaning of regulation 32. |
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................................. Signature |
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(4) | I declare that, from my last day of service to the date of the writ, the company has been subject to an insolvency event within the meaning of regulation *32(2)(b)/(3)(a)/(3)(b), but its assets exceeded its liabilities at the time of the insolvency event. |
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................................. Signature |
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If you signed declaration (1) or (3), provide supporting documents (e.g. a company register search or a winding-up search) showing that the company has not been wound up at the relevant date. |
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(d) Details of insolvency event |
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If you signed declaration (2) or (4), provide details of the insolvency event and attach proof that the company’s assets exceeded its liabilities at the time of the insolvency event. |
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Fill in this section only if you are relying on Article 19(4)(b) for your service in this entity. |
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(a) Comparability of position: Explain, with reference to the position you are relying on, the size and complexity of the entity and your performance in the position, why you consider yourself to have experience and ability that is comparable to a person who has served as the chief executive of a typical company with at least $500 million in shareholders’ equity and who satisfies Article 19(4)(a). |
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(b) Experience and ability: Explain why you consider yourself to have the experience and ability to effectively carry out the functions and duties of the office of President, having regard to any matter you think is relevant. |
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