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when the Authority or statutory manager is in control of the payment entity’s relevant business
under section 80(2)(c)—
(a)
the act or purported act of the individual is invalid and of no effect; and
(b)
the individual shall be guilty of an offence.
(9)
During the period when the Authority or statutory manager is in control of a payment
entity’s relevant business —
(a)
if there is any conflict or inconsistency between —
(i)
a direction or decision given by the Authority or statutory manager (including
a direction or decision given to a person or body of persons mentioned in sub
‑paragraph (ii)); and
(ii)
a direction or decision given by any chief executive officer, director,
member, executive officer, employee, agent, office‑holder, or the board of
directors, of the payment entity, or any trustee for the payment entity,
the direction or decision mentioned in sub‑paragraph (i) prevails over the direction
or decision mentioned in sub‑paragraph (ii) to the extent of the conflict or
inconsistency; and
(b)
a person must not exercise any voting or other right attached to any share in the
payment entity in any manner that may defeat or interfere with any duty, power or
function of the Authority or statutory manager, and any such act or purported act
is invalid and of no effect.
(10)
Any individual who is guilty of an offence under subsection (7) or (8) shall be liable on
conviction to a fine not exceeding $125,000 or to imprisonment for a term not exceeding 3
years or to both and, in the case of a continuing offence, to a further fine not exceeding $12,500
for every day or part of a day during which the offence continues after conviction.
Other provisions concerning control
83.—(1) The Authority must cease to be in control of a payment entity’s relevant
business when the Authority is satisfied that the reasons for its assumption of control of the
relevant business have ceased to exist.
(c)
A statutory manager is treated to have assumed control of a payment entity’s relevant
business on the date of the statutory manager’s appointment as a statutory manager.
(2)
Without affecting the generality of section 80(4)(a), the Authority may at any time
revoke the appointment of a statutory manager in relation to a payment entity’s relevant
business —
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(a)
if the Authority is satisfied that the reasons for the appointment have ceased to
exist; or
(b)
on any other ground.
(3)
The statutory manager must cease to be in control of the relevant business upon
revocation of its appointment under subsection (3) or section 80(4)(a).
(4)
The Authority must publish in the Gazette the date, and such other particulars as it
thinks fit, of —
(a)
its assuming control of a payment entity’s relevant business;
(b)
the cessation of its control of a payment entity’s relevant business;
(c)
the appointment of a statutory manager in relation to a payment entity’s relevant
business; and
(d)
the revocation of a statutory manager’s appointment in relation to a payment
entity’s relevant business.
Responsibilities of directors, officers, etc., of the payment entity
84.—(1) During the period when the Authority or statutory manager is in control of a
payment entity’s relevant business —
(a)
the High Court may, on an application of the Authority or statutory manager, direct
any former or current relevant person of the payment entity to pay, deliver, convey,
surrender or transfer to the Authority or statutory manager, within such period as
the High Court may specify, any property or book of the payment entity that —
(i)
forms part of or relates to the business of the payment entity; and
(ii)
is in the person’s possession or control; and
(b)
any former or current relevant person of the payment entity must provide the
Authority or statutory manager such information as the Authority or statutory
manager may require to —
(i)
discharge its duties or functions; or
(ii)
exercise its powers,
in relation to the payment entity, within such time and in such manner as the
Authority or statutory manager may specify.
(2)
Any person who —
(a)
without reasonable excuse, fails to comply with subsection (1)(b); or
(b)
in purported compliance with subsection (1)(b), knowingly or recklessly provides
any information or document that is false or misleading in a material particular,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding
$50,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case
of a continuing offence (if applicable), to a further fine not exceeding $5,000 for every
day or part of a day during which the offence continues after conviction.
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(3)
In this section, “relevant person”, in relation to a payment entity, means a chief
executive officer, director, executive officer, employee, agent, banker, auditor or office‑holder
of, or trustee for, the payment entity.
Remuneration and expenses of Authority and others in certain cases
85. The Authority may at any time fix the remuneration and expenses to be paid by a
payment entity —
(a)
to a statutory adviser or statutory manager appointed in relation to the payment
entity, whether or not the appointment has been revoked; and
(b)
where the Authority has assumed control of any business of a payment entity under
section 80(2)(c), to the Authority and any person appointed by the Authority under
section 5 in relation to its assumption of control of such business, whether or not
the Authority has ceased to be in control of such business.
PART 6
ASSISTANCE TO FOREIGN REGULATORY AUTHORITIES
Interpretation of this Part
86. In this Part, unless the context otherwise requires —
“enforce” means enforce through criminal or administrative proceedings;
“enforcement” means the taking of any action to enforce a law or regulatory requirement
against a specified person, being a law or regulatory requirement that relates to the
payment systems or payment services of the foreign country of the regulatory
authority concerned;
“foreign country” means a country or territory other than Singapore;
“investigation” means an investigation to determine if a specified person has contravened
or is contravening a law or regulatory requirement, being a law or regulatory
requirement that relates to the payment systems or payment services of the foreign
country of the regulatory authority concerned;
“prescribed written law” means this Act, or any of the following written laws and
subsidiary legislation made thereunder:
(a)
Banking Act (Cap. 19);
(b)
Finance Companies Act (Cap. 108);
(c)
Financial Advisers Act (Cap. 110);
(d)
Financial Holding Companies Act (Cap);
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