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Singapore to work with The UN Member States to Bridge Digital Divide

The poorest in our society are the most affected class by covid 19 pandemic with minimum and no access to modern digital technologies including telephone, internet, television, and computers.  

The digital divide refers and reflects this existing gap and inequalities emphasizing the importance of bridging the digital divide by providing digital infrastructures, services, and applications with an all-inclusive approach and empowering unprivileged individuals and societies to effectively utilize the information and communication technologies. It is feared that expanding digital technology can heighten digital inequalities with disinformation, harassment, and abuse, especially to women and children.

For combating the covid pandemic with sustainable growth, the UN President of the General Assembly recently convened a virtual one-day High-level Thematic Debate on Digital Cooperation and Connectivity on Tuesday, 27 April 2021, in the UN’s General Assembly Hall headquartered in the USA. The meeting was headed by the UN general assembly president Volkan Bozkir and aired online with some international speakers delivering speeches.

Singapore Minister of communications and Information, Mr. Iswaran participated in this high-level thematic debate and noted that though covid 19 has speeded up the digital transformation drive through the world, it has also increased the danger of inequalities between “the digital haves and have-nots”.

As per Roland Berger’s Digital Inclusion index 2020, Singapore ranked first among 82 countries across the world and Mr. Iswaran highlighted the need for an “inclusive, innovative, and interoperable,” digital future and expressed Singapore’s willingness to work in unison with other member states of the UN.

The one-day thematic debate stressed the immediate need for political commitment at the highest levels to address the digital divide in the current Covid-19 situation. The debate was held in response to requests made by the member states and was represented by private and civil society sectors including participants from more than 60 countries.

“To ensure that digital transformation efforts are inclusive, countries around the world must recognize the diverse circumstances faced by nations”, Mr. Iswaran deliberated in his speech.

He also emphasized that the measures taken by different countries and the experiences gained can be shared on UN platforms such as Internet Governance Forum for a strong and focused approach on digital inclusion.

“The platform brings together various stakeholders from the private and public sectors to discuss public policy issues relating to the Internet. The UN Roadmap for Digital Cooperation, which was released in June last year, is also a good start,” said Mr. Iswaran.

The UN has come up with a road map for bridging the digital divide that includes achieving universal connectivity by 2030, creating a more equitable world by promoting digital public goods, digital inclusion for all including the most vulnerable sections, strong digital capacity building, protection of human rights, global cooperation on AI, improving digital security, and lastly, a strong and effective architecture for digital cooperation.                 

“Singapore has a Digital Readiness Blueprint that could serve as a useful reference for other countries in fostering digital inclusion”, Mr. Iswaran pointed out.

The Singapore digital readiness blueprint acts as a guide to equip all segments of society including children in lower-income households, senior citizens, micro, small and medium-sized enterprises with digital skills and access.

“Countries must also be innovative in their efforts to end the digital divide”, emphasized Mr. Iswaran.

“The accelerated pace of digital transformation has created opportunities but is also profoundly disruptive to some, and requires complex trade-offs,” Mr. Iswaran narrated.

“In Singapore, the Digital for Life movement that was launched in February will encourage ground-up projects that bridge the digital divide”, he emphasized. As per him, the move shall provide resources to enhance basic computer skills.

Singapore treats the ‘Bridge the Digital Divide’ initiative as corporate social responsibility and advocates a new company set up in Singapore upon the policy of partnerships and collaboration with non-profit organizations and individuals working together for this cause.

The Minister also highlighted the importance of an interoperable digital framework for a brighter global digital environment that would help individuals and businesses gain access to global opportunities.

“In Asian, initiatives like the ASEAN Data Management Framework will help to facilitate the flow of data across borders to unlock new business opportunities, especially for SMEs”, Mr. Iswaran remarked.

He also added that the data management framework shall promote data governance including management and protection of data.

The first ASEAN Digital Ministers’ Meeting held in January approved this initiative led by Singapore.

In an effort towards bridging the digital divide, the Singapore government solicits and encourages mobile, laptop, tablet, and other digital gadgets donations from investors looking for company registration in Singapore.

Verification of a Singapore Company

Growth in businesses prompts companies to enter new global markets. However, this expansion comes with increased regulatory challenges and involves additional statutory compliances such as money laundering, data privacy breaches, corruption, etc. Failure to comply with these regulations can impact businesses adversely and may even have legal complications.

Your prospective business partner with whom you intend to partner for Singapore company incorporation may provide you with incorrect information and something different from what has been lodged with government authorities.

WHY VERIFY

A business organization needs to verify a company before entering into any formal agreement and clearly understand the potential liabilities under anti-corruption laws and other legislations. The verification process allows you to make informed decisions about which partners you can do business with and in what capacities.

Initial verification and due diligence provide you with opportunities to know your prospective business partners better and gain insights on many aspects including

  • If the business entity exists and functional
  • If it is free of any fraudulent activities
  • If the entity makes timely disclosures and complies with all statutory requirements
  • If the entity has the good financial health
  • If the business enjoys a favorable opinion of the company auditors and directors for an effective administrative function and good business governance.
  • Business risks associated with the entity
  • Business opportunities and optimization potential
  • Mitigation planning that can lower the risks of working with the entity
  • Corporate registry data can provide you information on the owner’s percentage of shares, company structure including subsidiary and beneficiary companies.
  • If the entity has any legal or civil actions pending against it.


HOW
ACRA HELPS?

ACRA, the regulatory body for all Singapore registered companies establishes, administers, keeps, and maintains repositories of documents and information relating to business entities that are registered with it and to provide access to the public, suppliers, customers, and others stakeholders to such documents and information.

The information lodged with ACRA allows both the public and stakeholders to carry out checks on the background of the business entities including the persons involved as its policy to maintain and promote transparency and trust in the business environment and all business dealings.

Basic information on business entities registered in Singapore is available at ACRA’s online Business Directory Search service at BizFile+.

Information collected by ACRA is organized and maintained as several information resources as the business profile report. All reports are available at iShop@ACRA on making required payments and are sent to the requestor’s email.

The iShop@ACRA portal enables both businesses and the public to access information for decision-making purposes and business facilitation.

There are four authorized Information Service Providers (ISP) with ACRA for sharing value-added information to the public and are

CRIF BizInsights Pte. Ltd.

DC-Frontiers-Pte-Ltd ( Handshakes)

Dun-and-Bradstreet-Pte-Ltd ( Singapore)

Experian-Credit-Services-Singapore-Pte.-Ltd.

HOW TO VERIFY

Every business or company has its credit rating and legal status which are often verified by the stakeholders to assess its worthiness before establishing any business relationship.

You can run a background check of your prospective business partner either by yourself or by seeking the assistance of a third-party investigator or a company secretarial services or a law firm.

Any verification process must start with ACRA that provides both free online directory search and paid reports to the public for verifying a business entity with the name typed in the search file.

The steps involved are

  1. Going to ACRA’s free online directory search platform https://www.bizfile.gov.sg/
  2. Typing the “company name” that you need to verify
  3. Verifying the CAPTCHA verification code once prompted to ensure that you are naturally human and not a spam-sending computer or robot
  4. Displaying information related to the company.


The information displayed comprises of

1) The company’s name, address, UEN, and industry as well as the validity of the registered business address of the company and any other address than that displayed on the website should be a matter of concern raising suspicion about the company.

2) The status of the business entity will also be displayed and a “live” status will tell that the company presently exists and operating.

3) The legitimacy and company’s adherence to an annual filing with compliance rating will also be displayed with a green tick appearing that indicates the company complies with the annual filing requirements under the Singapore Companies Act. A red cross signifies non-compliance and raises a red flag about the company.

A green tick also means that the company has held its Annual General Meeting (AGM) on time with the latest accounts and financial statements presented at the AGM.

A green tick also confirms that the Annual Return filing has been submitted within 30 days of convening the AGM.

It is always advisable to hire a professional services team based in Singapore who can draw meaningful conclusions from reliable data with multi-level deep due diligence.

Everything You Want To Know About Singapore Tech.Pass 2021

In an attempt to boost the already developed technological ecosystem of Singapore, the Economic Development Board (EDB) on 12th November 2020 announced the official launching of Tech. Pass specifically targeting the founders, leaders and technical experts with proven experience in globally reputed and established high growth technology companies.

Tech. Pass is a Singapore work permit for foreigners that allows established global tech professionals to come to Singapore for spearheading technical innovations and training the local Singaporeans on the latest technologies. The Tech. Pass is an extension of the Tech@SG programme which was launched in 2019 as part of Singapore’s efforts to attract smart Industry 4 technical talents to promote Singapore’s position as one of the top technological hubs.

Tech. Pass is now included in the Singapore work pass schemes in Singapore, which include the Employment Pass in Singapore and Entrepreneur Pass (EntrePass) however with some differences in administering bodies, validities and fees.

Since the time of launch, the Tech@SG programme has been providing best in class technical talents to many companies in potential growth areas including digital, biotech, cleantech, agritech, fintech, medtech.

This programme has also been providing necessary access to business networks and facilitating employment pass in Singapore (EP) applications for the core technical team members comprising highly accomplished entrepreneurs, business leaders, or technical experts.to Singapore and provides them with flexibility in participating in a variety of activities that can contribute to the tech ecosystem.

However a Tech. Pass holder cannot be automatically eligible for the Tech@SG Programme unless their company meets the separate company eligibility conditions to qualify for the programme.


Tech. Pass offers multiple benefits over other Singapore work passes with greater flexibility in their participation in certain activities in Singapore including

  • Start and run one or more tech companies;
  • Become an employee in more than one Singapore-based companies
  • Become a board of director
  • Be a shareholder or investor
  • Engage in Singapore companies as advisor or mentor
  • Become a Lecturer/ Professor in a Technical Institute
  • Work as a corporate trainer
  • Bring a spouse, children, and parents on either a Dependant’s Pass (DP) or a Long-Term Visit Pass (LTVP).

Singapore has come up with a set of Criteria for Tech. Pass programme with a validity of two years allowing the holder to

  • Start and operate one or more tech companies
  • Be an employee in one or more Singapore-based companies at any time
  • Transit between employers or to an entrepreneur
  • Be a consultant or mentor, lecture in local institutions of higher learning, or be an investor and director in one or more Singapore based companies
  • Sponsor stay for spouse, children, and parents in Singapore on either a Dependant’s Pass (DP) or a Long-Term Visit Pass (LTVP) issued by MOM

Eligibility Criteria for Tech. Pass has been defined by EDB and to be eligible for the pass, applicants must satisfy any two of the following conditions:

  • Drawn a minimum fixed monthly salary (in the last 1 year) of SGD 20,000 or equivalent foreign currency
  • Possess minimum 5 cumulative years of experience and in a leading role in a tech company with a valuation/market cap of at least USD 500 million or at least USD 30million funding raised
  • Have at least five cumulative years of experience in a leading role with major contributions in the design development and deployment of a tech product with a minimum of 100,000 monthly active users or at least USD 100 million annual revenue generation
  • Business owners and any other candidates with annual income over SGD 240,000 or its equivalent in a foreign currency

Tech. Pass is renewable only one time for two years subject to fulfilling the following conditions

  1. An assessable income of SGD 240,000
  2. Assessment is done by the Inland Revenue Authority of Singapore for salaries and/or business income
  3. Proof of Annual business spending of minimum SGD 100,000
  4. Employing at least 1 local PME4 or 3 LQS5 and
  5. Performing a minimum of two roles mentioned in the two below columns and one of which should be from the first column as a minimum

First Column

  • Founded a company engaged in tech-based or tech-enabled products or services
  • Served a top role in a Singapore based Tech company such as Asia Pacific MD, CEO, CTO
  • Worked in at least two Singapore based Tech companies
  • Employed in a Singapore Tech company as a technical team leader and a particular tech field
  • Employed as a Technical Team leader in two or more Singapore based companies

Second Column

  • Served a Board of Director in a Singapore based company and not necessarily a Tech company
  • Worked in Singapore-based start-up as a mentor/advisor
  • Employed in Singapore Institute of Higher Learning (IHL) as a professor or lecturer or adjunct professor/lecturer
  • Engaged as a trainer in some form not covered by 2nd and 3rd points mentioned above such as workshops, corporate training classes etc.
  • An Investor in one or more Singapore based Tech companies.

The Tech. Pass Application Process involves

1. Pre-application activity include verification of eligibility and preparation of supporting documents
2. Applying for Tech. Pass by downloading the Tech. Pass application form for yourself and dependents if applicable
3. Filling up the soft copy of the application form and obtaining an auto-generated payment reference number
4. Taking print out of the application form and getting the form signed with relevant supporting documents specified in the application form
5. Making Payments of SGD 105 for each application via PayNow or Telegraphic Transfer
6. Uploading completed and signed application form with the following documents

  • Payment receipt
  • Travel documents and
  • Supporting documents for dependants confirming your relationship with the DP/LTVP applicant, verification of Vaccination Requirements document issued by HPB, as appropriate

7. Getting the Pass Issued

It usually takes around 8 weeks to process Tech. Pass applications unless there are requirements for additional documents and information.

Once approved, you will receive an IPA letter by email providing 6 months for coming and getting the pass issued for the start work or business activities in Singapore.

The Fees involved is SGD 225 for each pass and SGD 30 for each Multiple Journey Visa, whenever applicable. No extension to the IPA is granted.

The Tech. The pass has come into effect from January 2021 with a quota available for the first 500 applicants on a first come first serve basis.

Difference between Employment Pass and S Pass in Singapore

Employment Pass, often known as E Pass and the Skilled Pass known as S Pass are two separate work passes meant for professionals with high-level qualifications and technicians with mid-level skills respectively.

Though both are work passes, there are many differences between these two based on the following criteria.

Free Self-Assessment Tool Check Your Eligibility for EP or S Pass
Applicability

Employment Pass in Singapore applies to highly skilled professionals with high qualifications and job offers in Singapore. The Ministry of Manpower (MOM) specifies the standard occupations in this link.

S Pass is applicable for Mid-level skilled staff or technicians.

Eligibility and Minimum Salary Requirements

A foreigner having a university degree, professional qualifications, or specialized skills is eligible for E Pass provided he/she has a job offer in Singapore in a managerial, executive, or specialized capacity with a fixed monthly salary of at least SGD 5,000. Older and more experienced candidates need higher salaries.

S Pass is applicable for overseas workers with relevant experience and a degree, diploma, or other technical certificates in a minimum one-year full-time study course. He/she should earn a fixed monthly salary of a minimum of SGD 3,000 while older and more experienced applicants need higher salaries to qualify.

Find Out Your Foreign Employee Quota

Refer to this blog if you have any questions about Singapore E Pass & S Pass. We have covered all relevant details here.​

eligibility
The qualifying salary varies based on specific sectors and years of working experience.
Application for Passes
For both E Pass and S Pass, Singapore-registered employers or approved employment agencies can apply to MOM on behalf of employees. New employers need to apply for a new pass if an employee changes jobs.
Validity
The validity for E Pass and S Pass is the same and is up to 2 years for first-time applicants. These passes need to be renewed every 3 years.

With our experience and expertise, we can process your visa application quickly and reliably.

Levy

Levy, the pricing mechanism is applied to regulate the number of foreign workers in Singapore and its rates are periodically reviewed and revised.

For E Pass holders, Skills Development Levy (SDL) applies to both full-time and part-time foreign employees. Employers pay a levy up to the first SGD 5000 of the monthly salary @ 0.25% of 5000 or SGD 2, whichever is higher.                  

For S Pass holders, both foreign worker levy and Skills Development Levy apply and an employer must pay the levy for all S Pass holders. The levy is enforced from the day of S Pass issuance and only ends with cancellation and expiration of S Pass. For S Pass holders employed in the services sector, the levy rate is as under

  •  
 

% of total workforce

Monthly

Daily

 

Services Sector

Tier 1

Upto 10%

SGD 330

SGD 10.85

Tier 2

10%- 13%

SGD 650

SGD 21.37

 

Manufacturing Sectors

Tier 1

Upto 10%

SGD 330

SGD 10.35

Tier 2

10% – 18%

SGD 650

SGD 21.37 

 

Other Sectors

Tier 1

Upto 10%

SGD 330

SGD 10.85

Tier 2

10%-20%

SGD 650

SGD 21.37

The daily levy rate only applies to S Pass holders who don’t work for an entire calendar month.
Quota

No Quota applies for E Pass

For S Pass quota applies and is as under

For manufacturing sectors, the S Pass quota is reduced from 20% to 18% and applicable from January 2022. It is further reduced to 15% from January 2023.

You cannot hire more S Pass holders than 13% of the company’s total workforce in the services sector.

For construction, marine, shipyard, and process, the S Pass quota was reduced to 15% from 18% effective January 2023.

What is the Application Process for Employment Pass or S Pass?
  • Posting a job ad on a government-approved website matching the occupation as per Employment Pass / S Pass application.
  • Submitting the Employment Pass / S Pass application by the employer and must be the same as per the job advertised. The Ad must be open for at least 28 days after publication and another 28 days if changes are made.
Application-Process-for-E-pass-and-s-pass-in-singapore

On the expiry of the active Job ad, the Employment Pass / S Pass application can be initiated.

No Employment Pass / S Pass application is allowed if the employer takes more than 3 months to fill in the vacancy.

Requisite Documentation

In pursuing an S Pass or Employment Pass application, a collection of mandatory documents necessitates submission to the Ministry of Manpower (MOM). The prerequisites for each employment visa exhibit subtle variances, yet overall, the subsequent documents are requisite:

  • A duly filled-in application form
  • Detailed particulars of the applicant’s passport and academic credentials
  • An offer of employment encompassing particulars regarding job responsibilities, remuneration, and perks tendered to the applicant, in addition to the period stipulated in the employment accord
  • The curriculum vitae of the applicant, coupled with records delineating professional experience
  • The corporate profile of the employing company, along with fiscal declarations

It is crucial to bear in mind that MOM may make a requisition for supplementary documentation or data during the application procedure, contingent upon the unique circumstances of the application.

The S Pass and Employment Pass, while both designed for foreign PMETs in Singapore, adhere to distinctive criteria and serve disparate purposes. With a comprehensive comprehension of the regulations and meticulous groundwork, the engagement of foreign talents in Singapore can manifest as a constructive contribution to the expansion of commercial enterprises and the economic landscape.

Feel free to contact IMC Group to discover how we can assist you in establishing your team in Singapore. We eagerly anticipate the opportunity to provide expert guidance throughout the entire process.

Useful Links
How to Remove a Company Director in Singapore

Are you striving to look for a legal way of how to remove a director in Singapore? Or you are tired of covering the poor performance of your company’s director, and you are looking for a legal way to terminate him? Well, there is no need for you to worry about this legal issue anymore. We are here to guide you all about the standard procedures and requirements of removing a director in Singapore.

A director is a crucial functional person of a company. All companies in Singapore must have at least 1 local director who must be Singapore Citizen or Permanent Resident and there is no maximum limit on directorship however one must check its company’s constitution for any restriction on maximum number of director.

As per the law of the land, a business can execute the removal of a director in Singapore in three ways, and they are as follows:

  1.  Resignation
  2. Termination
  3. Disqualification


1. Resignation of A Director

The other legal manner of removing a director is when a director submits his resignation by himself. In case a director voluntarily submits his resignation from the directorship, then it can be deemed valid in the following conditions:

  • If the resignation procedure is reasonable and is by the constitution of the company.
  • The company shall have another director residing in Singapore.


Required Procedure of Resignation on the Part of Company

When the company receives the resignation of a director who voluntarily wants to resign from the directorship or if the director is deemed as disqualified, then in both such conditions, the company shall file a notification of cessation.

This procedure must be followed for 14 days only from the date of such change. i.e., the date of disqualification or the date of resignation. For submitting the notification with ACRA shall be accompanied and prepared with some relevant documents. Such documents are as follows:

  • In the cast of disqualification of a director, a bankruptcy statement or a lawful court order must be accompanied when is applicable.
  • In the case of voluntary resignation from directorship, the director’s resignation and the acknowledgment of the board of directors must be accompanied.

The former director shall notify the ACRA voluntarily in the following cases:

  • When the former director believes that the company might not inform the ACRA regarding his disqualification or resignation.
  • The former director knows that no other officers are competent or are in the company to notify the ACRA regarding his disqualification or resignation.


Failure to Comply with Procedure

In case the company and the former director fails to notify the ACRA regarding the company’s changes. Such non-compliance of the disclosure can be deemed an offense under section 165 of the Company Act.

As per Section 165 of the Company Act, the director or the chief executive officer may incur a personal liability and pay a fine amounting to $15,000 or liable for imprisonment up to 3 years. Unless the notification of cessation is submitted and is updated, the cessation shall not occur, and the former director will still be liable and responsible for managing the company’s affairs. In case the offense of non-disclosure is a continuing offense. The director or chief executive officer shall be liable for a fine amount to $1,000 for every day if the violation continues after conviction.


2. Termination of a Director

An individual working as a director can also be terminated but only based on a lawful and valid reason.


Termination of a Director on What Basis

The termination of a director can be made on various grounds such as:

  • A company can terminate a director from his crucial position for his poor performance over significant months.
  • Moreover, a director can also be released from the breach or non-compliance of his duties.
  • A director can also be directly removed or terminated if he has been involved in any corporate scandal or
  • Due to his poor management skills or leading skills, that are leading to low corporate performance.


Who has the Power to Terminate

The law of the land specifies the legal procedure to remove a director in Singapore. As per the law, the lawful process of removing a director is defined in section 158 of the companies Act. As per Section – 158 subsections, 8 of the companies act, a director in a company can only be terminated or removed by shareholders only.


The Procedure Of Removing A Director

In a Private Company

The basic rule of the land states that everything must be by the law of the land. The company needs to remove the director through lawful procedures only and according to its constitution. As per section 152 subsection 9 of the company act, only the company’s shareholders can remove or terminate a company’s director through a lawful and valid vote.

The director’s removal is a fundamental matter of the company, so the case goes to the board, and in a meeting, all the shareholders decide to vote for or against the motion. In the forum, at least 50% of votes are required to terminate or remove the director.

Moreover, for the requirement of a lawful removal of directors in Singapore, the shareholders have to give a written notice for 14 days. However, this requirement can also be waived off by putting it to the vote if more than 95% of voters favor not giving the 14 day’s notice.

As per the company’s constitution, a requirement of special resolution is specified, and more than 75% of votes are necessary for the removal of a director in favor of the motion. However, if the company has adopted the model constitution, then such a company can initiate the director’s removal through an ordinary resolution with accompanying 14 days of notice. If your company has adopted the Model Constitution in total, a director may be removed by standard resolution with at least 14 days of notice. However, as the initial process, all the company shareholders have to convene a general meeting to discuss whether they want to remove the company’s director and vote upon it.

If the shareholders decide to go for the director’s removal, they have to convene another meeting to pass the resolution. Moreover, on the other hand, the company’s constitution may also decide upon a clause to be included regarding the director’s termination in some specific situations. For instance, if a director does some immoral conduct or has a terminal disease. In such cases, the company will not be required to convene a meeting to pass a special resolution to remove the director. In case it is specifically required by the company’s constitution, then it is a necessity.

In a Public Company

The lawful procedure of removing a director from a public company is specified in Section 152 of the Company Act. Section 152 of the company act states the following requirement for making a lawful termination. The requirement of a legal procedure is as follows:

  • A public company’s shareholders can remove a director by convening a meeting and passing an ordinary resolution. Moreover, for giving the resolution, at least more than 50% of votes must be in favor of removing the director.
  • As per the legal procedure laid down in the company act, the shareholders shall convene a general meeting to start the process of terminating a director and must give special notice at least 28 days before the public forum; however, if it is not practicable, then at least 14 days before the date of convening the meeting.

When is a Director Officially Removed?

As per Section 152 sub-section 1 of the Company Act, the director’s termination shall not come to effect unless the company appoints a successor director to replace the former director. The removal of a director takes place and is made official only after the particulars of a new director have been updated in Accounting and Corporate Regulatory Authority.


3. Disqualification of a Director

In case of disqualification of a director, he shall not be allowed to manage any company’s affairs. The restriction of participating as a director shall remain unless the director takes permission from the General Division of the High Court or Official Assignee.

Disqualification of a Director on What Basis

The director can be disqualified from the company for numerous reasons, and they are as follows:

  • In case the director announces that he is bankrupt.
  • In case the court gives the order of disqualification of the director. For instance, an unfit director of an insolvent company or if a company is winding up due to national security or the director has been charged with offenses in Singapore.
  • In case the director is convicted for the offense of fraud or dishonesty.
  • If the director has been charged with offenses of three or more filing offenses under the Company Act within the last five years.
  • In case the director has three or more of is companies struck off from the register by ACRA in the period of last five years
  • In case the director has three or more orders from the General Division of the High Court against him for compelling or obstructing the inspection of the company’s registers, minutes books, or documents under section 399 of the Company Act or the provision to make returns under section 13 of the Act.

Term of Disqualification Period

The disqualification tenure of the director entirely relies on the reason for his disqualification. However, the general tenure of the director’s disqualification is five years.


What Does the End of Disqualification Period Mean for a Former Director?

Once the disqualification tenure of a former director is completed, a person may be appointed as a director of his former company or a new company. When the re-appointment of a former disqualified director is made, the company shall notify the ACRA of the appointment within 14 days from such appointment.

Singapore Enters into Digital Economy Partnership Act (DEPA) With New Zealand And Chile

Singapore’s Digital Economy Partnership Agreement (DEPA) with New Zealand and Chile came into effect on January 7, 2021.

DEPA is a digital-only trade agreement, which aims to establish new ways and collaborations in digital trade issues, promote interoperability of different countries and address new issues caused by digitalization.

First signed in June last year, DEPA is the world’s first of its kind digital trade agreement that establishes a common set of digital trade rules and digital economy collaborations for the removal of digital barriers, fostering a new form of economic engagement especially at a time when many business activities have gone online.

Singapore has been aiming to build on its network of digital cooperation agreements and international frameworks to support businesses and SMEs engaging in cross-border digital trade and e-commerce. Additionally, DEPA will encourage greater cooperation in newly developed areas such as artificial intelligence and provide organizations the capacity to try new technologies across different countries with lower operating costs and better data protection.

Besides this year’s DEPA with New Zealand and Chile, Singapore has also signed DEPA with Australia through the Singapore-Australia Digital Economy Agreement (SADEA), in December 2020. The country is also in exploratory talks with South Korea and the UK to develop a similar bilateral Digital Partnership Agreement.

The Government of Singapore’s DEPA initiatives is in pursuit of further strengthening its footprint as a global leader in technology and e-commerce including the promotion of the country’s extensive free trade agreement (FTA) network for Singapore company formation by foreign investors.

Key Features and Benefits of DEPA

DEPA will establish new and innovative ways to digital trade issues that will help foreign business owners lower the costs of their operations and improve market access with the added advantage for Singapore company incorporation.

Paperless trade

A key feature of DEPA is that it will encourage paperless trade and reduce document transit and cargo clearance time improving business effectiveness.

An exporter in Singapore can easily apply for an e-certificate of origin with an electronic SPS certification for onward transfer to the customs of the destination country.

Paper trades drastically reduce the cost competitiveness and operational efficiency due to the cost of papers and higher waiting time.

Fintech and e-payments

DEPA advocates greater acceptance of payments due to increased interoperability between different payment systems enabling cross-border payments much easier for NBFCs such as fintech firms.

It was in early December last year when Singapore issued its first digital banking license enabling non-bank entities to offer similar services as conventional banks.

Electronic invoicing

DEPA will ensure e-invoices in Singapore are recognized in Chile and New Zealand for shorter invoice processing time, faster payments, and cost savings by embracing similar e-invoicing standards.

Pan-European Public Procurement On-Line (PEPPOL) e-invoicing solutions will also be available in Singapore SMEs.

Digital identities

DEPA will enable countries to develop safe and secure mutually recognizable digital identities that can streamline many business processes such as opening a bank account, registering a company, etc.

Partners within DEPA can facilitate initiatives that promote the compatibility of different digital identity regimes. In doing so, procedures such as Know-Your-Client (KYC) checks by banks can be done more efficiently and in any DEPA partner country, since the bank only requires the company’s digital identity. This due diligence process currently can take over three months to complete.

Data innovation and artificial intelligence

Parties in DEPA will allow data to flow freely across borders which, in turn, facilitates a conducive environment for businesses to develop new products and services from data-driven innovations.

This includes the use of AI for which there will be the adoption of an ethical AI governance framework. This will ensure that DEPA partner countries responsibly harness AI.

Furthermore, this digital agreement means businesses can pilot and commercialize their data-driven products and services with overseas counterparts from DEPA, therefore accelerating cross-border innovation.

Personal data protection

DEPA will ensure greater personal data protection during the transfer of data across borders by developing mechanisms based on international frameworks.

Business organizations in Singapore can now opt for Asia Pacific Economic Cooperation Cross Border Privacy Rules (APEC CBPR) certification and once certified, can demonstrate the company’s strong data protection and security policies consistent with the APEC Privacy norms.

Besides, the CBPR certified companies can exchange data with other certified companies in Singapore’s DEA network, as well as with other regimes which are already certified as per APEC CBPR System.

DEPA will build trust in digital systems facilitating opportunities for participation in the digital economy and promoting the adoption of AI governance framework and responsibly utilizing AI.

Everything You Need to Know While Changing Your Company Secretary in Singapore

The company law in Singapore mandates that as a business owner, you must appoint a Company Secretary responsible for compliance with all applicable laws and regulations. The Secretary also keeps all the company board members informed of their legal responsibilities towards the company and provides directions on how they should operate. Commonly termed as the compliance officer of a business entity, how to change corporate secretary Singapore calls for a well thought out judgment.

There are times when as a business owner you are not happy with the performance of your company secretary and are forced to replace him/her with someone better. Though unpleasant, you might need to dispense your company secretary and engage someone else. The procedures involved in changing your Singapore company secretary are sometimes long and tedious and it is always your best option to take external help from company secretary services Singapore.

When does the need for changing your Singapore company secretary arise?

It is not uncommon for companies to consider how to change corporate secretary Singapore. There may be many reasons that compel you to change your company secretary however the main ones are

  1. The company secretary is not dedicated and often unreachable after office hours.
  2. The secretary can not handle compliance and administration simultaneously and effectively.
  3. The company secretary can not keep the company functions aware of their impending company law deadlines e.g. accounts not informed timely on filing returns to regulatory authorities.
  4. The information given on company-related matters is incomplete and inaccurate.
  5. The secretary fails to maintain appropriate documentation and compliance on company legal matters.
  6. The remuneration of a company secretary is high and unreasonable.

What are the procedural requirements for changing your Singapore company secretary?

Before arriving at your final decision on how to change corporate secretary Singapore, it would be a wise move to directly communicate with your company secretary for understanding his/ her points and resolving the issues. Also, take the views of other management professionals of your company about the performance including collecting procedural information from company secretarial services Singapore. The decision for removal shouldn’t be subjective, rather needs to be founded on facts and figures.

Is it a mutually agreed separation with your Singapore company secretary?

It becomes easier and simpler when the company secretary is convinced and agrees to the decision of being removed from the company. It is then a straightforward process with any concern about how to change corporate secretary Singapore and only needs some documents to be organized.

  • The resignation letter from your Singapore company secretary.
  • A resolution in black and white from the Director.


Once these requirements are arranged, ACRA needs to be notified about the resignation. The transition including shifting over the responsibilities and sharing g of administrative records can take place at a later date.

Is it a forced separation with your Singapore company secretary?

As the business owner, you possess the right to dispense with your appointed Singapore company secretary, even when she/he may not agree and refuse to leave. This may lead to some complications and turns unpleasant when a secretary has to be removed without his/her consent.

Before deciding on how to change corporate secretary Singapore, it would be better to inform the company secretary in advance about your decision to remove him/her. The removal necessitates passing a board resolution to remove the company secretary. Once the resolution is done, you need to inform ACRA about the removal of the company’s secretary. It is also necessary and important to file a cessation within 14 days after the removal. ACRA will impose a late lodgement fee in case the company fails to update timely and within the prescribed time frame.

Conclusion:

A Singapore company secretary is crucial to your businesses in Singapore as ACRA attaches a lot of importance to company secretary policies. Hence, any decision on how to change corporate secretary Singapore must be made at the right time and place as it wouldn’t be prudent to remove him/her during AGM preparations and other important business proceedings.

New Regulation on Dependant Pass (DP) Holders Introduced: DP Holders will now Need Formal Work Pass to Work in Singapore from May 1

Effect of New Regulation on Existing DP Holders

From May 1, 2021, foreigners staying in Singapore on Dependant’s Passes shall need a work pass to work here instead of a Letter of Consent (LOC) issued from the Ministry of Manpower (MOM).

This new rule will need the employers of DP holders to apply for either an Employment Pass (EP) or S Pass or work permit for them as the case may be, subject to similar requirements applicable to other foreigners as relevant qualifying salary, dependency ratio ceiling and levies. For spouses and family members already working in Singapore, this new rule of work pass requirement will come into force once their current letter of consent expires. On the expiration of LOC, employers of DP holders must apply for an applicable work pass if they wish to continue hiring them.

Reasons for Introducing New Regulation

Manpower Minister Josephine Teo announced the change on Wednesday, 3rd March 2021 during the parliamentary debate on her ministry’s budget, saying that it is “for consistency with recent work pass moves” facilitating the transition to work pass and alignment with other foreign workers. The move is intended to bring consistency to the work pass framework, said the ministry.

Mrs. Teo also set out her ministry’s priorities in managing the foreign workforce and balancing the need for foreigners in some sectors while strengthening the Singaporean core, which several MPs had asked about. The Local Qualifying Salary used by MOM is aimed at determining if local workers are meaningfully employed and not just given token salaries and allow the employer to hire foreign workers.

She said: “Our fundamental objective is always to serve the interests of Singaporean workers. Access to foreign workers is meant to help grow a larger economic pie than we otherwise can. Therefore, the foreign workforce must act as a complement to our local workforce.”

Minister Josephine Teo noted, “We will provide sufficient time for existing DP holders working on a LOC, as well as their employers, to transit to this new arrangement. Most of them meet prevailing work pass criteria. Those that do not will have to cease working in Singapore.” She also highlighted that most of the DP holders do not work during their stay in Singapore and represent only about 1 percent of all work pass holders.

As for skilled foreigners on Employment Passes, MOM aims to ensure.

  • Foreign professionals complement locals, and
  • Employers practice fair hiring and improve the diversity of their foreign professionals, managers, executives, and technicians.
As of June 2020, there were about 1.1 million work pass holders in Singapore, excluding foreign domestic workers, which suggests there were about 11,000 Dependant’s Pass holders working on letters of consent.

Existing Regulation

An Employment Pass or S Pass holder must earn a fixed monthly salary of at least SGD 6,000 to bring their spouse or unmarried children under 21 years old to Singapore on Dependant’s Passes.

Presently, dependents of S Pass holders only need to apply for a relevant work pass if they want to work in Singapore, while dependents of skilled foreign professionals or entrepreneurs on Employment Passes, EntrePasses, or Personalised Employment Passes can apply for a LOC.

Effect of New Regulation on Existing DP Business Owners

With this new rule coming into force, only DP holders belonging to the ‘business owners category’ can work using a LOC, and only if.

  • They own at least 30 percent of the company shares as a sole proprietor, partner, or company director and
  • Their business creates local employment. They must employ at least one Singaporean or permanent resident earning at least the prevailing local qualifying salary of SGD 1,400 and make contributions to the employee’s Central Provident Fund accounts for at least three months.
If DP holders own businesses but can not meet the above-mentioned criteria, they will not be able to run their businesses once the existing LOC expires. As noted by MOM they may, at best, apply for a one-off extension of their LOC until 30 April 2022 for the next renewal of their DP and after that, they must fulfill the above criteria.

Effect on ‘Would Be’ Business Owners

Would-be business owners desirous to start their businesses may temporarily apply for a LOC however they should be mindful that it is now mandatory to fulfill the conditions mentioned above. Some businesses may be waived off from these mandatory requirements as mentioned by MOM however, such details may be available at a later date and possibly beyond 1st May 2021.

Applying for an Employment Pass (EP)

Applying and receiving an EP pass to work in Singapore include the following.

  • You need to secure a job offer first
  • The employer puts an application online on behalf of you for the EP with supporting documents
  • Approval and Issuance of EP in your name
  • Renewal of EP after 2 years for the first time and then subsequent renewals every 3 years
Increased Salary Requirements for EP

The salary requirements for Employment Pass holders were raised two times last year, from SGD 3900 to 4500 and at least SGD 5000 for individuals working in the financial sector in a bid to tighten the framework. The S Pass qualifying salaries were also raised.

The qualifying salaries for older and experienced EP applicants in the age bracket of 40 years and above were also raised to almost double the minimum qualifying salaries of younger EP applicants.

The MOM has also tightened other rules on family members of foreigners discouraging them to come to Singapore on DPs or long-term visit passes, according to Straits Times.

The S Pass policy has been tightened in the previous two years with sectoral quotas being curtailed and the qualifying salary raised twice last year.

The qualifying salary for EP holders was raised twice during last year, and the ministry will explore possible refinements, Mrs.Teo added.

Enhancement of Capability Transfer Programme to further boost Skill Transfer to Locals

An extension of the Capability Transfer Programme has been planned for another three years, until end-September 2024, to ensure effective skills transfer to locals.

The program was originally launched in 2017 and provides up to 90 percent funding for a company or industry projects to bring in foreign specialists to train locals or send local workers on overseas training attachments especially in the areas Singapore doesn’t have much expertise.

About SGD 5 million has been budgeted so far to support projects in 20 sectors, noted Mrs. Teo, also adding that the program remains a useful complement to other schemes that support company transformation and the development of local Singaporeans.

In his last month’s Budget speech, DPM Heng announced this extension of the capability transfer program. He highlighted that as at the end of last year, more than 140 companies and over 970 Singaporeans and permanent residents have benefited, or are expected to benefit, from 40 projects under this scheme.

Mrs. Teo also said that the purpose of this program extension is to encourage greater take-up of the program however adding that the Government reviews all of its business support schemes from time to time to streamline them.

Likely Modifications to S Pass and Employment Pass in Recent Future

For the S Pass holders earning a fixed monthly salary of at least SGD 2,500, the employers should expect further changes to rules over this decade, said Mrs. Teo.

S Pass policy has been tightened over the last two years, with sector quotas being cut and the qualifying salary being raised twice last year. Deputy Prime Minister Heng Swee Keat declared a cut in the manufacturing sector S Pass quota from 20 percent to 15 percent by 2023 in the Budget speech last month.

She said that MOM will focus instead on helping companies become more manpower-lean while strengthening their Singaporean core.

She remarked that periodic adjustments will continue to be made to the local qualifying salary, as the minimum salary for locals to count towards a firm’s headcount in calculating the work permit and S Pass quota, to ensure locals are not hired on a token salary. It will not be increased this year to give firms time to recover from the impact of the Covid-19 pandemic.

The salary threshold is by no means a perfect gatekeeper of quality, but it is easy to understand and administer,” she said.

She explained that this method is favored over an EP quota, which would limit Singapore’s ability to compete for the most cutting-edge investments amid the worldwide shortage of tech and digital skills, hurting Singaporeans’ longer-term career prospects.

She added that implementing levy charges for EP holders, as Non-Constituency MP Leong Mun Wai of the Progress Singapore Party called for last week, may not be useful either since companies can employ overseas knowledge workers remotely.

Mr. Leong asked during the budget session whether Singaporean workers have been disadvantaged because foreigners do not have to make Central Provident Fund contributions, and there is no requirement for succession planning when firms apply for grants.

Mrs. Teo replied that last year, amid the pandemic, the foreign workforce contracted by over 180,000 in number and the local workforce grew modestly.

Incorporate Your Company Using Virtual Office Space

Are you already thinking of expanding or starting your business in Singapore? What is the first thing that pops in your mind? A modern office space with a neat lobby and beautiful interiors? Everything beautiful has its price. Why pay exorbitant rental bills for office space when you can support your business from the comfort of your home?

Nonetheless, for incorporating your company in Singapore, the most important credential is a registered business address. People who are just starting or expanding to new locations in Singapore must read on to know the answer to all their questions.

How can I incorporate without going for physical office space?

We all know that Singapore has a space crunch, and not all businesses can afford a physical office because of very little revenue to spend on an expense that can be so easily avoided. We recommend going for virtual office spaces.

Virtual office spaces are not only manageable financially, but they also give a boost to your business when employees can work from their homes from any corner of the world. IMC can help you attain one such space for your business. There are various packages for such a subscription, and it generally includes a registered business address, communication services like phone and receptionist services, mailboxes, and mailing address.

If you plan to incorporate without a physical address, then virtual office spaces might be the answer. You can own a physical space without coming to the office and paying rent for the entire office space. Meanwhile, you can also carry out all your business using the internet. Whenever a communication arrives at your mailing address, we will let you know.

Is Virtual Office considered for Incorporating a company in Singapore?

A virtual office with a registered business address is as real as a physical office space in Singapore. You might have many doubts because we understand that it might be difficult to buy what we are saying. To strengthen what we are saying, we will state the ACRA’s criteria for your business’s physical space.

  • The address of the office must be a physical location situated within Singapore
  • The physical office space should be accessible by anybody for at least 5 hours every day
There are various communications to be done after we bring about the company setup in Singapore. The various regulating agencies might need to communicate with you regarding changes in policies and annual filings with the government from time to time. Any communications done to your mailing address would automatically be communicated to you via our services from the comfort of your home.

Guide to Incorporating Your Business in Singapore: Essential Checklist

Tips on Choosing the best virtual office space

There can be various perks while choosing to go for a virtual office space. It offers multiple advantages, but a virtual office space might not always be the most appropriate choice for your business. Below are highlighted some of the pointers which can help you to decide if going for virtual office space is suitable for your business or not.

1. Rental costs on a physical space

Saving costs on a rental space can be the top of your mind priority if you start small. If you have an internet business with digital services only, then a virtual office space might do wonders for you. On the other hand, if you are a business that needs most of your staff to be present in the office to conduct business, then a virtual office space might not be of use to you.

Moreover, while selecting your virtual office space package (which can range from a few hundred dollars to thousands of dollars), read the services offered to you in the package. Companies that do not provide the mailing address as a part of the package and ask you to top it up with these services with extra charges applied.

2. Work from home is a choice, not a necessity

If most of your staff is very comfortable working from home, virtual office space is for you. There are already established software platforms that come ready to use for all your business needs ranging from managing your projects to contacting clients. Moreover, it is an added advantage for the business to operate from home. You can directly cut down on redundant expenditures like electricity, water, rents, etc. Your business will be more eco-friendly, and people would be able to spend quality time with their families and will be able to work from any corner of the world.

3. If you want a work culture that should be flexible even when your business is small and still growing

Normally, you will observe that for a company’s culture to get ingrained into the employees; it usually takes years. So, these virtual office spaces can help you create a healthy work culture right from the very start. If people typically work from home but sometimes they might need to be more productive, then your business can rent out desks and workstations too. Similarly, holding meetings and carrying other business activities is possible very quickly by making reservations in advance.

4. The quality of services provided

While choosing the virtual space office, you must check the testimonials and look after the details of the services offered. The quality of the services provided will affect how smoothly your business runs. For instance, if the virtual workplace’s internet services are not good, that can severely hamper your business online. Moreover, if there are telephone services included in your package, then the staff’s quality, which attends to those calls from your customers and clients, can impact the business.
5. Privacy
It is vital to ensure that the virtual office provider’s services should keep your information confidential. The internet should be secure, and enterprises should enable WPA2 encryption for security. If the security type is “No authentication,” then there are chances that the internet is not secure. Companies have a term in their agreement to sell your data when they go bankrupt, so you must look out for these terms.
Going for virtual office space might sound lucrative initially, but things can spin out of control if precautions are not taken. The above tips will help you evaluate if you need such an arrangement for your business. If you need more information or wish to enquire about our services further, you can contact us.
What counts as deductible or non-deductible business expenses in Singapore

To run a business effectively, the owner needs to make certain changes, adaptations, and improvisations from time to time. These changes give rise to expenditures. Apart from these, businesses also have to bear certain fixed costs. So, business expenses are those that one needs to pay for running the business smoothly. While preparing the annual returns, most organizations calculate their expenses that encompasses all the business expenditures, fixed or variable, to make sure that the total income is minimized.

However, most of our expenditures cannot be recognized as deductible expenses. Before discussing the list of deductible or non-deductible expenses, you should know the basic difference between the two.

So, all the expenses that can be deducted from a business’s income before it is subjected to taxation are known as deductible expenses. Whereas all the expenses that cannot be subtracted from a business’s income before taxation are known as non-deductible expenses. 

Deductible expenses help in reducing one’s tax liability. A non-deductible expense, on the other hand, does not affect your tax bill. Expenses that are always deductible include investment losses, charitable contributions, etc. A business can claim a tax deduction only if the expenses are exclusively and wholly incurred in income production. Still there, are some complexities to comprehend the distinguishment in expenses.

For expenses to fit into the category of deductible expenses, it needs to satisfy the following conditions:

  • Expenses that are solely incurred in the production of income.
  • Expenses that are not a contingent liability, i.e. it is not dependent on any event that may or may not occur in the coming future. In other words, expenses must be incurred. An expense is said to be ‘incurred’ only when the legal liability to pay such expense has arisen, regardless of the actual payment date.
  • Expenses that are revenue, and not capital, in nature.
  • Expenses that aren’t specifically prohibited from deduction under any provisions of the Income Tax Act.


Non-deductible business expenses are those which do not fulfill the above-mentioned conditions. This includes your personal expenses like travel, leisure,  entertainment, basically that are not related to the running of your business, and capital expenses that are expenses incurred for incorporating a company’s purchase of fixed assets. A vast majority of your personal spendings are non-tax-deductible. The tax authority considers does not consider natural expenditures in favor of a reduction in the amount of money you are having at your disposal. Deductible expenses, for example, a loss resulting from office embezzlement or stock trading, for instance, are considered to actually reduce the amount of income you effectively earn, thereby resulting in a lower base of tax.

Deductions considered as context-specific

Several expenses can be deducted from your income only under specific cases. Like, money spent on clothing expenses is deductible, only up to a certain specified limit, if it can be deemed a business expense. Healthcare spending is a deductible expense, only up to the extent where it doesn’t exceed 7.5 percent of your adjusted gross income. The canvas, brushes, and oil you purchased for your paintings are deductible only if you can demonstrate that you were treating the art of painting as a money-making venture and not a hobby, for instance.

Therefore, tax-filers usually must necessarily go through the relevant section of the tax code or consult a professional tax accountant before they can actually determine if a particular expense is deductible or not.

Itemizing Your Deductions

Note that even if you have deductible expenses, itemizing your deductions is crucial before subtracting these from your actual taxable income. For individual filers, this implies filling out Schedule A, where you are required to list and add up all of your deductible expenses for the financial year you are filing the return for. The Internal Revenue Service of Singapore permits you to take a “standard deduction” if you have decided not to itemize your deductible expenses.

The standard deduction assumes that even those filers who don’t wish to take the time and effort for itemizing deductions will most likely have deductible expenses and allows them to reduce their gross income by some standard amount depending upon their marital status and age. It is an extremely convenient solution for those filers whose itemized deductions would fall below or only slightly exceed the standard deduction.

Let’s consider certain examples of Deductible and non-deductible expenses.

Deductible Expenses
  • Accounting fee
  • Administrative expenses
  • Advertisement
  • Auditors’ remuneration
  • Commission
  • CPF, foreign workers’ levy, skills development levy
  • Directors’ fees
  • Directors’ remuneration
  • Employee Equity-based Remuneration (EEBR) Scheme
  • Employment Assistance Payment (EAP)
  • Entertainment
  • Exchange loss (revenue and trade in nature)
  • Exhibition expense
  • Periodicals & newspapers
  • Postage
  • Printing and stationery
  • Property tax
  • Provision for doubtful and bad debts
  • Provision for obsolete stocks (specific)
  • Secretarial fees
  • Staff remuneration (Salary, bonus, and allowance)
  • Staff training
  • Staff Welfare/Benefits
  • Statutory and regulatory expenses
  • Stock obsolescence
  • Supplementary retirement scheme

Non-deductible expenses
  • Amortization
  • Bad debts (non-trade debtors)
  • Certificate of Entitlement (COE) for vehicles
  • Depreciation (you can claim capital allowances in its place)
  • Dividend payments made on preference shares
  • Donation
  • Impairment loss on non-trade debts
  • Singapore income tax and any tax levied on an income from a country outside Singapore
  • Installation of fixed assets
  • Interest expenses on non-income-producing assets(Interest adjustment)
  • Legal and professional fees (capital or Non-trade transactions)
  • Medical expense (amount exceeding 1%/2% of total remuneration if a company is under PMBS or TMIS
  • Motor vehicle expenses (RU-Plated and S-plated cars)
  • Penalties
  • Prepaid expenses (not concerning the relevant basis period)
  • Domestic and Private expenses (which are not incurred for business purpose)
  • Private hire car
  • Provision for bad and doubtful debts (Note impairment loss on trade)
  • Provision of obsolete stocks (general)
  • Ex-gratia retrenchment payments and outplacement support cost, where there is a complete business cessation.
  • Transport (S-plated and RU-plated cars)

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