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“statutory body” means a board, commission, committee or similar body, whether
corporate or unincorporate, established under a written law;
“settlement institution” means a person who provides facilities for —
(a)
the participants of a payment system to hold funds; and
(b)
the settling of transactions between the participants;
“share” has the same meaning as in section 4(1) of the Companies Act (Cap. 50) and
includes an interest in a share;
“Singapore operator” means an operator which is incorporated in Singapore;
“Singapore settlement institution” means a settlement institution which is incorporated
in Singapore;
“unique identifier” means a combination of letters, numbers or symbols specified by the
payment service provider to the payment service user and is to be provided by the
payment service user in relation to a payment transaction in order to identify
unambiguously one or both of—
(a)
the other payment service user who is a party to the payment transaction;
(b)
the other payment service user’s payment account;
“virtual currency” means any digital representation of value that—
(a)
is expressed as a unit;
(b)
is not denominated in any currency;
(c)
is a medium of exchange accepted by the public or a section of the public, as
payment for goods or services or the discharge of a debt;
(d)
can be transferred, stored or traded electronically; and
(e)
satisfies such other characteristics as the Authority may prescribe,
but does not include such other digital representation of value that the Authority may
prescribe.
(2)
In any case where the functions of the operator or settlement institution of a payment
system are assumed by or shared among more than one operator or settlement institution, a
reference in this Act to the operator or settlement institution shall be read as a reference to each
of such operators or settlement institutions.
Purpose of Act
3. The purpose of this Act is to—
(a)
regulate—
(i)
licensees;
(ii)
exempt persons in relation to their provision of payment services;
(iii)
operators, settlement institutions and participants of designated payment
systems;
(b)
provide for the Authority’s oversight of payment systems and payment services
under this Act; and
(b)
regulate and provide for matters relating to or connected with the above.
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Application of Act
4.—(1) Subject to subsection (2), this Act does not apply to any public authority.
(2)
The Minister may by order declare that a public authority is one to which this Act
applies.
Appointment of Assistants
5.—(1) Subject to subsection (2), the Authority may appoint any person to exercise any of
its powers or perform any of its functions or duties under this Act, either generally or in any
particular case, except the power —
(a)
of appointment conferred by this subsection; and
(b)
to make subsidiary legislation.
(2)
The Authority may, by notification in the Gazette, appoint one or more of its officers
to exercise the power under a provision of this Act specified in the Third Schedule to grant an
exemption to a particular person, or to revoke any such exemption.
(3)
Any officer appointed by the Authority under subsection (1) or (2) is deemed to be a
public servant for the purposes of the Penal Code (Cap. 224).
PART 2
LICENSING OF PAYMENT SERVICE PROVIDERS
Division 1 – Licensing of payment service providers
Licensing of payment service providers
6.—(1) A person must not carry on business in providing any type of payment service in
Singapore unless the person is licensed by the Authority under this Act or exempted under
section 14 in respect of that type of payment service.
(2)
For the purpose of subsection (1), a person is deemed to be carrying on business in
providing a payment service if the provision of the payment service is incidental to any other
business which he carries on, whether it is related or not, to the other business which he carries
on.
(3)
Any person that contravenes this section shall be guilty of an offence and shall be liable
on conviction —
(a)
in the case of an individual, 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; or
(b)
in any other case, to a fine not exceeding $250,000 and, in the case of a continuing
offence, to a further fine not exceeding $25,000 for every day or part of a day during
which the offence continues after conviction.
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Application for licence
7.—(1) A person who desires to carry on business in providing one or more types of
payment service must be licensed in respect of that type of payment services and must apply
in writing to the Authority for a licence under this section, in such form and manner as the
Authority may require.
(2)
Subject to subsections (3), (4), (5) and (6), the person in subsection (1) may apply for
a—
(a)
money-changing licence;
(b)
standard payment institution licence; or
(c)
major payment institution licence.
(3)
A person must hold a money-changing licence if he carries on business in providing
money-changing services only.
(4)
A person must hold a standard payment institution licence or a major payment
institution licence if he carries on business in providing —
(a)
any one or more of the following payment services —
(i)
account issuance services;
(ii)
domestic money transfer services;
(iii)
cross border money transfer services;
(iv)
merchant acquisition services;
(v)
e-money issuance;
(vi)
virtual currency services; or
(b)
money-changing services and any one or more of the following payment services
—
(i)
account issuance services;
(ii)
domestic money transfer services;
(iii)
cross border money transfer services;
(iv)
merchant acquisition services;
(v)
e-money issuance;
(vi)
virtual currency services.
(5)
A person must hold a major payment institution licence if —
(a)
the person carries on business in one or more of the following payment services —
(i)
providing account issuance services;
(ii)
providing domestic money transfer services;
(iii)
providing cross border money transfer services;
(iv)
providing merchant acquisition services; or
(v)
providing virtual currency services,
and the average monthly transactions (including all payment transactions)
accepted, processed or executed by that person in a calendar year, in respect of the
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