Singapore Government
Link to AGC Website
Home | Search | Browse | Results | My Preferences
 
Contents

Long Title

Part I PRELIMINARY

Part II PROVISIONS RELATING TO AUTHORITY

Part III LICENSING SCHEME

Part IV BROADCASTING SERVICES

Part V BROADCASTING APPARATUS

Part VI FREQUENCY PLANNING

Part VII BROADCASTING CONDITIONS

Part VIII FOREIGN BROADCASTING SERVICES

Part IX DECLARED FOREIGN BROADCASTING SERVICES

Part X OWNERSHIP AND CONTROL OF BROADCASTING COMPANIES

Part XI OFFENCES AND PENALTIES

Part XII MISCELLANEOUS PROVISIONS

FIRST SCHEDULE Broadcasting Apparatus

SECOND SCHEDULE Licensable Broadcasting Services

THIRD SCHEDULE Relevant Licensable Broadcasting Service

Legislative History

Comparative Table

 
Slider
Left Corner
Print   Link to In-Force Version
On 16/09/2014, you requested the version in force on 16/09/2014 incorporating all amendments published on or before 16/09/2014. The closest version currently available is that of 31/08/2012.
Slider
Control of shareholdings and voting power in broadcasting companies
36.
—(1)  No person shall, on or after 2nd September 20023, become —
3   Date of commencement of the Singapore Broadcasting Authority (Amendment) Act 2002 (Act 19 of 2002).
(a)
a 12% controller; or
(b)
an indirect controller,
of a broadcasting company without first obtaining the approval of the Minister.
[19/2002]
(2)  Subject to section 37(4), no person who, immediately before 2nd September 2002, is —
(a)
a 12% controller; or
(b)
an indirect controller,
of a broadcasting company shall continue to be such a controller unless he has, within 6 months after 2nd September 2002 or such longer period as the Minister may allow, applied to the Minister for approval to continue to be such a controller.
[19/2002]
(3)  In subsections (1)(a) and (2)(a), “12% controller” means a person who alone or together with his associates —
(a)
holds not less than 12% of the shares in the broadcasting company; or
(b)
is in a position to control voting power of not less than 12% in the broadcasting company.
[19/2002]
(4)  For the purposes of subsection (3) —
(a)
a person holds a share if —
(i)
he is deemed to have an interest in that share under section 7(6) to (10) of the Companies Act (Cap. 50); or
(ii)
he otherwise has a legal or an equitable interest in that share except for such interest as is to be disregarded under section 7(6) to (10) of the Companies Act;
(b)
a reference to the control of a percentage of the voting power in a broadcasting company is a reference to the control, whether direct or indirect, of that percentage of the total number of votes that might be cast in a general meeting of the broadcasting company; and
(c)
a person, A, is an associate of another person, B, if —
(i)
A is the spouse or a parent, step-parent or remoter lineal ancestor, or a son, step-son, daughter, step- daughter or remoter issue, or a brother or sister, of B;
(ii)
A is a corporation whose directors are accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of B, or where B is a corporation, of the directors of B;
(iii)
B is a corporation whose directors are accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of A, or where A is a corporation, of the directors of A;
(iv)
A is a person who is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of B;
(v)
B is a person who is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of A;
(vi)
A is a related corporation of B;
(vii)
A is a corporation in which B, alone or together with other associates of B as described in sub-paragraphs (ii) to (vi), is in a position to control not less than 20% of the voting power in A;
(viii)
B is a corporation in which A, alone or together with other associates of A as described in sub-paragraphs (ii) to (vi), is in a position to control not less than 20% of the voting power in B; or
(ix)
A is a person with whom B has an agreement or arrangement, whether oral or in writing and whether express or implied, to act together with respect to the acquisition, holding or disposal of shares or other interests in, or with respect to the exercise of their voting power in relation to, the broadcasting company.
[19/2002]
(5)  In subsections (1)(b) and (2)(b), “indirect controller” means any person, whether acting alone or together with any other person and whether with or without holding shares or controlling voting power in a broadcasting company —
(a)
in accordance with whose directions, instructions or wishes the directors of the broadcasting company are accustomed or under an obligation, whether formal or informal, to act; or
(b)
who is in a position to determine the policy of the broadcasting company,
but does not include any person —
(i)
who is a director or other officer of the broadcasting company whose appointment has been approved by the Authority; or
(ii)
in accordance with whose directions, instructions or wishes the directors of the broadcasting company are accustomed to act by reason only that they act on advice given by the person in his professional capacity.
[19/2002]