Reckless or Fraudulent Trading

Want to know how to fulfil your statutory duties and to avoid criminal liability? It is recommended that you seek advice from our Singapore Commercial Lawyers at Gloria James-Civetta!

If in the winding up of a company or in any proceeding against the company…
Section 339(3) of the Companies Act

It appears that an officer of the company knowingly incurs debts where there is no reasonable expectation of repayment.

Who is an officer of the court?

  • Any director or secretary;
  • A person employed in an executive capacity;
  • A recivever annd manager of any part of the undertaking of the cooerperation
  • Any liquidator of a company appointed in a voluntary winding up.

Sentence: Fine not exceeding $15,000 and imprisonment for up to 7 years

Section 340(1) & (5) of the Companies Act

Any person who was knowingly a party to the carrying on of any business of the company…

  • With the intent to defraud creditors of the company;
  • With the intent to defraud creditors of any other person;
  • For any fraudulent purpose.

Sentence: Fine not exceeding $2,000 or imprisonment for up to 3 months.

Need help?

Are you facing criminal charges or under investigation? The trial process is often a mentally draining and challenging experience. You should seek a criminal defence lawyer to help you to present your case to the court in the best way possible. Not having a defence lawyer will put you at a great disadvantage. Should you have any questions or require legal representation, kindly contact Singapore criminal lawyers Gloria James-Civetta & Co on 6337-0469 for a free consultation, or email us at consult@gjclaw.com.sg.

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