Punishment and protection - The disqualification of directors in Singapore

The ability to operate behind the shield of the corporate form, thereby benefiting from limited liability, is thought to be a privilege conferred by statute. This privilege is however, curtailed for certain individuals who are “proven misfits”. The removal, by disqualification, of these individuals...

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Main Author: KOH, Pearlie M. C.
Format: text
Language:English
Published: Institutional Knowledge at Singapore Management University 2013
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Online Access:https://ink.library.smu.edu.sg/sol_research/1916
https://ink.library.smu.edu.sg/context/sol_research/article/3868/viewcontent/SSRN_id2414233.pdf
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spelling sg-smu-ink.sol_research-38682017-04-10T06:47:43Z Punishment and protection - The disqualification of directors in Singapore KOH, Pearlie M. C. The ability to operate behind the shield of the corporate form, thereby benefiting from limited liability, is thought to be a privilege conferred by statute. This privilege is however, curtailed for certain individuals who are “proven misfits”. The removal, by disqualification, of these individuals from corporate management is intended to protect the shareholders and creditors of the companies concerned from the possibility of future instances of undesirable conduct by these same individuals. Thus, the Companies Act of Singapore provides for disqualification from holding directorships or from management of a company on a number of grounds. Disqualification may be automatic or dependent on a court making a disqualification order. There is also recognition that disqualification is punitive. Indeed, the effect of a disqualification, given its “substantial interference with the freedom of the individual”, is at least quasi-penal. 2013-12-01T08:00:00Z text application/pdf https://ink.library.smu.edu.sg/sol_research/1916 https://ink.library.smu.edu.sg/context/sol_research/article/3868/viewcontent/SSRN_id2414233.pdf http://creativecommons.org/licenses/by-nc-nd/4.0/ Research Collection Yong Pung How School Of Law eng Institutional Knowledge at Singapore Management University Commercial Law
institution Singapore Management University
building SMU Libraries
continent Asia
country Singapore
Singapore
content_provider SMU Libraries
collection InK@SMU
language English
topic Commercial Law
spellingShingle Commercial Law
KOH, Pearlie M. C.
Punishment and protection - The disqualification of directors in Singapore
description The ability to operate behind the shield of the corporate form, thereby benefiting from limited liability, is thought to be a privilege conferred by statute. This privilege is however, curtailed for certain individuals who are “proven misfits”. The removal, by disqualification, of these individuals from corporate management is intended to protect the shareholders and creditors of the companies concerned from the possibility of future instances of undesirable conduct by these same individuals. Thus, the Companies Act of Singapore provides for disqualification from holding directorships or from management of a company on a number of grounds. Disqualification may be automatic or dependent on a court making a disqualification order. There is also recognition that disqualification is punitive. Indeed, the effect of a disqualification, given its “substantial interference with the freedom of the individual”, is at least quasi-penal.
format text
author KOH, Pearlie M. C.
author_facet KOH, Pearlie M. C.
author_sort KOH, Pearlie M. C.
title Punishment and protection - The disqualification of directors in Singapore
title_short Punishment and protection - The disqualification of directors in Singapore
title_full Punishment and protection - The disqualification of directors in Singapore
title_fullStr Punishment and protection - The disqualification of directors in Singapore
title_full_unstemmed Punishment and protection - The disqualification of directors in Singapore
title_sort punishment and protection - the disqualification of directors in singapore
publisher Institutional Knowledge at Singapore Management University
publishDate 2013
url https://ink.library.smu.edu.sg/sol_research/1916
https://ink.library.smu.edu.sg/context/sol_research/article/3868/viewcontent/SSRN_id2414233.pdf
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