Employment Pass (EP) holders are allowed to be directors of the company which their EP is tied to. An EP holder is only allowed to work for the employer specified on the EP. Thus, if the employer would like an EP holder from within the company to take on a directorship, he can do so. Here are the details for this application:
Applicant: The employer
Duration for application: Within 5 weeks
Documents required: EP holder’s directorship appointment letter
However, if an EP holder would like to be registered as a director of another company apart from the company that his EP is approved for, he will have to seek approval from the Ministry of Manpower (MOM). He needs to apply for a Letter of Consent (LOC) from MOM. He will also have to seek approval from his current employer to allow him to take on his directorship role in the secondary company. Only upon approval can this individual be registered as a director of the secondary company and the appointment can be lodged with ACRA.
The MOM will generally issue the LOC if:
a) the primary company which the EP is registered to is related by shareholding to the second one that he is applying to take up a directorship with.
b) the EP holder is taking up the secondary directorship for purposes related to his primary employment
Note: S Pass and Work Permit holders are not allowed to be directors of any company in Singapore.
When in doubt, seek legal advice or consult an experienced ACRA Filing Agent.
The editorial team at Acra Filing Agent
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