39
Division 4 – Control of Officers of Licensees
Approval of chief executive officers, partners and directors of licensees
35.—(1) Subject to subsection (3), a licensee must not appoint an individual as its chief
executive officer, director or partner (where the licensee is a partnership, including a limited
liability partnership), as the case may be, in Singapore unless it has applied for and obtained
the approval of the Authority.
(2)
An application for approval under subsection (1) shall be made in such form and
manner as the Authority may prescribe.
(3)
Without affecting any other matter that the Authority may consider relevant, the
Authority may —
(a)
in determining whether to grant its approval under paragraph (b), have regard to
such criteria as may be specified by notice in writing to the licensee; and
(b)
approve or refuse the application.
(4)
Where a licensee has obtained the approval of the Authority to appoint an individual as
its chief executive officer or director under subsection (3)(b), the person may, without the
approval of the Authority, be re‑appointed as chief executive officer or director (as the case
may be) of the a licensee immediately upon the expiry of the individual’s term of appointment.
(5)
Subject to subsection (6), the Authority must not refuse an application for approval of
an individual under subsection (1) without giving the licensee an opportunity to be heard.
(6)
The Authority may refuse an application for approval of an individual under subsection
(1) without giving the licensee an opportunity to be heard in any of the following
circumstances:
(a)
if the individual has been convicted, whether in Singapore or elsewhere, of an
offence committed before, on or after the date of commencement of this Act, being
an offence —
(i)
involving fraud or dishonesty;
(ii)
the conviction for which involved a finding that he or she had acted
fraudulently or dishonestly; or
(iii)
that is specified in the Third Schedule to the Registration of Criminals Act
(Cap. 268);
(b)
if the individual is an undischarged bankrupt, whether in Singapore or elsewhere;
(c)
if the individual has had execution against him or her in respect of a judgment debt
returned unsatisfied in whole or in part;
(d)
if the individual has, whether in Singapore or elsewhere, entered into a compromise
or scheme of arrangement with his or her creditors, being a compromise or scheme
of arrangement that is still in operation;
40
(e)
if the individual has had a prohibition order under section 59 of the Financial
Advisers Act (Cap. 110), section 35V of the Insurance Act (Cap. 142) or section
101A of the Securities and Futures Act (Cap. 289) made against him or her that is
still in force;
(f)
if the individual has been a director of, or directly concerned in the management
of, a regulated financial institution, whether in Singapore or elsewhere —
(i)
that is being or has been wound up by a court; or
(ii)
the approval, authorisation, designation, recognition, registration or licence
of which has been withdrawn, cancelled or revoked by the Authority or, in
the case of a regulated financial institution in a foreign country or territory,
by the regulatory authority in that foreign country or territory.
(7)
Where the Authority refuses an application for approval under subsection (3)(b), the
Authority need not give the individual who was proposed to be appointed an opportunity to be
heard.
(8)
Any licensee that, without reasonable excuse, contravenes subsection (1) shall be guilty
of an offence and shall be liable on conviction to a fine not exceeding $100,000.
(9)
In this section and section 36, unless the context otherwise requires —
“regulated financial institution” means a person that carries on a business, the conduct of
which is regulated or authorised by the Authority or, if it is carried on in Singapore,
would be regulated or authorised by the Authority;
“regulatory authority”, in relation to a foreign country or territory, means an authority of
the foreign country or territory exercising any function that corresponds to a regulatory
function of the Authority under this Act, the Monetary Authority of Singapore Act (Cap.
186) or any of the written laws set out in the Schedule to that Act.
Removal of chief executive officers, partners or directors of licensees
36.—(1) Despite the provisions of any other written law, where the Authority is satisfied
that a chief executive officer, director, or partner of a licensee incorporated, formed or
registered in Singapore, is not a fit and proper person to act as such chief executive officer,
director or partner, the Authority may, by notice in writing, direct the licensee to remove —
(a)
the chief executive officer from employment with the licensee;
(b)
the director as director of the licensee; or
(c)
the partner as partner of the licensee,
within such period as the Authority may specify in the notice.
(2)
Without affecting any other matter that the Authority may deem relevant, in assessing
whether to direct the licensee incorporated, formed or registered in Singapore to remove its
chief executive officer or director, or partner under subsection (1), the Authority may consider
whether the chief executive officer, director or partner —
Dostları ilə paylaş: |