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Contents

Part I PRELIMINARY

Part II CONTROL OF DEPOSIT-TAKING ACTIVITIES

Part IIA EXCLUSION OF LIMITS ON EQUITY INVESTMENTS

Part III EXCLUSION OF CERTAIN PRIVATE EQUITY AND VENTURE CAPITAL INVESTMENTS

Part IV PROPERTY SECTOR EXPOSURE

Part V APPLICATION OF SECRECY PROVISIONS TO MERCHANT BANKS

Part VI EXCLUSION OF NON-BENEFICIAL INTERESTS IN OR RIGHTS OVER IMMOVABLE PROPERTY

Part VII COMPUTATION OF MAJOR STAKES

Part VIII LIMITATION OF MUTUAL SHAREHOLDINGS

Part IX PRESCRIBED BUSINESSES

Part X EXPOSURES AND CREDIT FACILITIES

Part XI TRANSFER OF BUSINESS AND SHARES AND RESTRUCTURING OF BANK

Part XII DEPOSIT LIABILITIES OF BANK

Part XIII compoundable offences

FIRST SCHEDULE Quarterly Reporting for Section 35, Banking Act

SECOND SCHEDULE Secrecy Provisions Applicable to Merchant Banks

THIRD SCHEDULE Exceptions to Secrecy Obligation of Merchant Banks

Legislative History

 
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On 22/05/2013, you requested for the version in force on 22/05/2013 incorporating all amendments published on or before 22/05/2013. The closest version currently available is that of 11/08/2008.
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Prescribed persons
24.
—(1)  For the purposes of section 29(1)(d) of the Act, the Authority may, by notice in writing to a bank or a class of banks, impose requirements for the purpose of limiting the exposure of the bank or the class of banks to the following:
(a)
any officer (other than a director) or employee of the bank or other person who receives remuneration from the bank other than for services rendered to the bank or any company connected with the bank; and
(b)
a group of persons —
(i)
who are financially dependent on one another; or
(ii)
where one person (referred to in this regulation as the controlling person) controls every other person in that group,
and where at least one of the persons is a counterparty to the bank.
[S 238/2007 wef 11/06/2007]
(2)  For the purposes of paragraph (1)(a), a company is connected with a bank if —
(a)
it is treated as part of the bank’s group of companies for accounting purposes according to Accounting Standards; and
(b)
in the case of a bank incorporated outside Singapore, it is also reflected as an investment in the books of the bank in Singapore in relation to its operations in Singapore.
[S 238/2007 wef 11/06/2007]
(3)  For the purposes of paragraph (1)(b)(i), a person A is financially dependent on another person B if by virtue of a contractual or other relationship between them, A will or is likely to be unable to meet A’s financial obligations if B is unable to meet B’s financial obligations.
[S 238/2007 wef 11/06/2007]
(4)  For the purposes of paragraph (1)(b)(ii), a person is controlled by the controlling person if the person is —
(a)
a person in which the controlling person holds more than half of the total number of issued shares, whether legally or beneficially;
(b)
a person in which the controlling person controls more than half of the voting power;
(c)
a person in which the controlling person controls the composition of the board of directors;
(d)
a subsidiary of a person described in sub-paragraph (a), (b) or (c); or
(e)
a person the policies of which the controlling person is in a position to determine.
[S 238/2007 wef 11/06/2007]
(5)  Any reference in this regulation to the controlling person shall, if he is an individual, include a reference to his family member.
[S 238/2007 wef 11/06/2007]