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Contents

Long Title

Part I PRELIMINARY

Part II NATURE OF LIMITED LIABILITY PARTNERSHIP

Part III REGISTRATION

Part IV CONVERSION TO LIMITED LIABILITY PARTNERSHIP

Part V MANAGEMENT AND ADMINISTRATION

Part VI RECEIVERSHIP AND WINDING UP

Part VII MISCELLANEOUS

FIRST SCHEDULE Default Provisions for Limited Liability Partnerships

SECOND SCHEDULE Conversion from Firm to Limited Liability Partnership

THIRD SCHEDULE Conversion from Private Company to Limited Liability Partnership

FOURTH SCHEDULE Receivers and Managers

FIFTH SCHEDULE Winding Up

Legislative Source Key

Legislative History

Comparative Table

 
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On 18/05/2013, you requested for the version in force on 18/05/2013 incorporating all amendments published on or before 18/05/2013. The closest version currently available is that of 01/03/2010.
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Annual declaration of solvency or insolvency
24.
—(1)  Every limited liability partnership shall lodge with the Registrar a declaration by one of its managers that in that manager’s opinion, the limited liability partnership either —
(a)
appears as at that date to be able to pay its debts as they become due in the normal course of business; or
(b)
does not appear as at that date to be able to pay its debts as they become due in the normal course of business.
(2)  The declaration referred to in subsection (1) shall be lodged not later than 15 months after the registration of the limited liability partnership and subsequently once in every calendar year at intervals of not more than 15 months.
(3)  Notwithstanding subsection (2), the Registrar may, on application by a limited liability partnership and if he thinks fit, grant an extension of time for the lodging of the declaration referred to in subsection (1).
(4)  If a limited liability partnership fails to lodge the declaration referred to in subsection (1) within the time or extended time referred to in subsections (2) and (3), the limited liability partnership shall be —
(a)
guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000; and
(b)
paragraph 3(2)(d) of the Fifth Schedule shall apply.
(5)  A manager who makes a declaration referred to in subsection (1)(a) without having reasonable grounds for his opinion, shall be guilty of an offence and shall be liable on conviction —
(a)
in the case where the manager is an individual, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both; and
(b)
in any other case, to a fine not exceeding $5,000.
(6)  Any person who, in connection with a declaration made under this section, makes a statement or furnishes information (whether directly or indirectly) to a manager that is false or misleading in a material particular, when he knows or ought reasonably to have known that the statement or information is false or misleading in a material particular, shall be guilty of an offence and shall be liable on conviction —
(a)
in the case where the person is an individual, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both; and
(b)
in any other case, to a fine not exceeding $10,000.
(7)  If an offence under this section is committed with intent to defraud creditors of the limited liability partnership or for a fraudulent purpose, the offender shall be liable on conviction —
(a)
in the case where the offender is an individual, to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 3 years or to both; and
(b)
in any other case, to a fine not exceeding $15,000.
[Companies 1994 Ed., ss. 293 (4), 204 (3)]