48
Prohibition on holding out as designated payment system
44.—(1) A person must not hold himself out as the operator or settlement institution of a
designated payment system unless the payment system has been designated by the Authority
under section 43.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be
liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not
exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not
exceeding $10,000 for every day or part thereof during which the offence continues after
conviction.
Power of Authority to impose conditions or restrictions
45.—(1) The Authority may, by notice in writing, impose on a participant, an operator or
a settlement institution of a designated payment system such conditions or restrictions as the
Authority may think fit.
(2) The Authority may, at any time, by notice in writing to a participant, an operator or a
settlement institution of the designated payment system, vary any condition or restriction as
the Authority may think fit.
(3) Without affecting the generality of subsection (1) or (2), the conditions or restrictions that
the Authority may impose include conditions or restrictions relating to any of the following—
(a)
the activities that the operator or settlement institution of the designated payment
system may undertake;
(b)
standards to be maintained by the operator or settlement institution of the
designated payment system, as the case may be, and
(c)
the requirement for the operator or settlement institution of the designated payment
system to operate as a corporation.
(4) Any participant, operator or settlement institution of a designated payment system which
fails to comply with any condition or restriction imposed under subsection (1) or (2) shall be
guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 and, in
the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part
thereof during which the offence continues after conviction.
Withdrawal of designation of payment system
46.—(1) The Authority may, by order published in the Gazette, withdraw the designation
of any designated payment system at any time if the Authority is of the opinion that the
considerations in section 43(1) are no longer valid or satisfied.
(2) The Authority must not withdraw the designation of any designated payment system
without giving the operator and the settlement institution an opportunity to be heard.
49
Exemptions applicable to an operator, participant and settlement institution of a payment
system designated to ensure efficiency or competitiveness
47.—(1) Section 51, Divisions 4 to 8 of this Part and Part 5 shall not apply to an operator
of a designated payment system that is designated under section 43(1)(c).
(2) Division 4 of this Part shall not apply to a participant of a designated payment system that
is designated under section 43(1)(c).
(3) Section 45, 104, 105, Divisions 3 to 8 of this Part and Parts 4 to 5 shall not apply to a
settlement institution of a designated payment system designated under section 43(1)(c).
Division 3 – Obligations of Operators and Settlement Institutions of Designated Payment
Systems
Obligation of operator and settlement institution to have a place of business or registered
office
48.—(1) An operator and settlement institution of a designated payment system must,
within 14 days after the date the order in section 43(1) is published in the Gazette or such longer
period as the Authority may specify by notice in writing, establish a permanent place of
business or a registered office in Singapore.
(2) An operator or settlement institution must appoint a person to be present at the permanent
place of business or registered office, as the case may be, of the operator or settlement
institution, as the case may be, on the days and at the hours during which the permanent place
of business or registered office is to be accessible to the public to address any queries or
complaints from any customer of the operator or settlement institution.
(3) An operator and settlement institution must keep, or cause to be kept, at the permanent
place of business or registered office, as the case may be, books of all its transactions in relation
to the designated payment system.
(4) The operator or settlement institution of the designated payment system must notify the
Authority of any change in address of its place of business or registered office within 14 days
of such change or such longer period as the Authority may specify by notice in writing.
(5) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall
be liable on conviction to a fine not exceeding $100,000 and, in the case of a continuing
offence, to a further fine not exceeding $10,000 for every day or part thereof during which the
offence continues after conviction.
Obligation of operator and settlement institution to notify Authority of certain events
49.—(1) An operator and a settlement institution of a designated payment system must
notify the Authority as soon as practicable after the occurrence of any of the following events:
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