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A Singapore citizen and a wholly Singapore-owned Singapore company are not foreign persons

A worked RES examination question on foreign ownership rpa, from our Paper 2 bank — with the rule it turns on, and why each of the four options is right or wrong.

Paper 2Lesson 3Foreign ownership RPAFree — no sign-up

The question

A conveyancing team is checking, for the Residential Property Act, which of several prospective buyers of a landed house count as a "foreign person" who would need approval before buying.

Consider the following statements.

  1. (i) A Singapore citizen is a foreign person under the Act.
  2. (ii) A Singapore Permanent Resident is a foreign person under the Act.
  3. (iii) A company incorporated in Singapore and wholly owned by Singaporeans is a foreign person under the Act.
  4. (iv) A company with foreign shareholders is a foreign person under the Act.
  1. A. (iv) only
  2. B. (ii), (iii) and (iv) only
  3. C. (ii) and (iv) only
  4. D. (i), (ii) and (iv) only

The answer, and why

Answer: C

The rule. Under the Residential Property Act a "foreign person" is anyone who is not a Singapore citizen, a Singapore company, a Singapore LLP or a Singapore society. A Singapore Permanent Resident is a foreign person, and so is a company with any foreign shareholders. A Singapore citizen and a wholly Singapore-owned Singapore company are not foreign persons.

Why C is correct. (ii) the SPR and (iv) the company with foreign shareholders are foreign persons. (i) is false (a citizen is not) and (iii) is false (a wholly Singapore-owned company is not).

The other options.

  • B adds the false (iii), the Singapore-owned company as foreign.
  • A drops (ii), the SPR.
  • D adds the false (i), the citizen as foreign.

Exam note. SPR = foreign person under the RPA; a citizen and a wholly Singapore-owned company are not.

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