Should a Director Go to Jail for Not Being Diligent? Singapore's Companies Act Section 157 raises a difficult question: where should we draw the line between director accountability and encouraging directors to take responsible business risks? Singapore directors should understand something important: diligence is not merely a matter of good practice. It is a legal duty. Under s157(1) of the Companies Act, a director must act honestly and use reasonable diligence in discharging the duties of office. A breach can also constitute a criminal offence under s157(3). You don't necessarily have to steal money, commit fraud or personally benefit. A failure to exercise the reasonable diligence required of a director can itself expose you to criminal liability. Nor does criminal liability under s157 necessarily depend on first establishing financial loss to shareholders. This makes Singapore noteworthy when compared with jurisdictions such as the UK and New Zealand, where breach of the ...
by Andy Ng at www.asiatrainers.com (Sales & Management Training) Tel: 65-93672286 Email: andythecoach@gmail.com