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Electronic service
108.—(1) The Authority may provide an electronic service for the service of any document
that is required or authorised by this Act to be served on any person.
(2)
For the purposes of the electronic service, the Authority may assign to any person —
(a)
an authentication code; and
(b)
an account with the electronic service.
(3)
Despite section 107, where a person has given consent for any document to be served
on the person through the electronic service —
(a)
the Authority may serve the document on that person by transmitting an electronic
record of the document to that person’s account with the electronic service; and
(b)
the document is treated as having been served at the time when an electronic record
of the document enters the person’s account with the electronic service.
(4)
In this section —
“account with the electronic service”, in relation to any person, means a computer
account within the electronic service that is assigned by the Authority to the person for
the storage and retrieval of electronic records relating to the person;
“authentication code”, in relation to any person, means an identification or identifying
code, a password or any other authentication method or procedure that is assigned to
the person for the purposes of identifying and authenticating the access to and use of
the electronic service by the person;
“document” includes a notice and order;
“electronic record” has the same meaning as in section 2(1) of the Electronic
Transactions Act (Cap. 88).
Amendment of Schedules
109.—(1) The Minister may from time to time, by order published in the Gazette, amend,
add to or vary the First, Second or Third Schedule.
(2)
The Minister may, in any order made under subsection (1), make such incidental,
consequential or supplementary provisions as may be necessary or expedient.
(3)
Any order made under subsection (1) is to be presented to Parliament as soon as
possible after publication in the Gazette.
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FIRST SCHEDULE
Section 2 and 109 and Second Schedule
REGULATED ACTIVITIES
PART I
TYPE OF PAYMENT SERVICES
The following are payment services for the purposes of this Act:
1.
providing account issuance services;
2.
providing domestic money transfer services;
3.
providing cross border money transfer services;
4.
providing merchant acquisition services;
5.
e-money issuance;
6.
providing virtual currency services;
7.
providing money-changing services.
PART II
INTERPRETATION
1.
In this Schedule —
“direct debit” means the act of debiting the payer’s payment account where a payment
transaction is initiated by the payee on the basis of consent given by the payer to the
payee, to the payee’s payment service provider or to the payer’s own payment service
provider;
“dealing in virtual currency” means—
(a)
buying virtual currency; or
(b)
selling virtual currency,
in exchange for another virtual currency or for any currency, but does not include—
(i)
facilitating the exchange of virtual currency;
(ii)
accepting virtual currency as a means of payment for the provision of goods
or services; or
(iii)
using virtual currency as a means of payment for the provision of goods or
services.
“e-money issuance” means issuing e-money in Singapore or to persons in Singapore;
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“facilitating the exchange of virtual currency” means the establishment or operation of a
virtual currency exchange where the person who establishes or operates the virtual
currency exchange comes into possession (whether in advance or otherwise) of money
or virtual currency in respect of any offer or invitation to exchange, buy or sell virtual
currency;
“financial institution” means—
(a)
any person that is licensed, approved, registered or regulated by the Authority
under any written law and includes any person that is exempted under the
relevant law from being licensed, approved, registered or regulated; or
(b)
any person that is licensed, approved, registered or otherwise regulated under
any law administered by a corresponding authority in a foreign country to
carry on any financial activities in that country, or that is exempted from such
licensing, approval, registration or regulation for the carrying on of any
financial activities in that country.
“providing account issuance services” means—
(a)
issuing a payment account to any person in Singapore; or
(b)
providing in Singapore services in relation to any of the operations required
for operating a payment account, including—
(i)
services enabling money to be placed on a payment account; or
(ii)
services enabling money to be withdrawn from a payment account.
other than providing domestic money transfer services.
“providing domestic money transfer services” means accepting money for the purpose of
executing or arranging for the execution of one or more of the following payment
transactions in Singapore, where the payment service user is not a financial
institution—
(a)
payment transactions executed from, by way of or through a payment
account;
(b)
direct debits including one-off direct debits through a payment account;
(c)
credit transfers, including standing orders through a payment account; or
(d)
accepting any money from any person (A) for transfer to another person’s
(B) payment account , where both A and B are not the same person.
“providing cross border money transfer services” means, whether as principal or agent—
(a)
accepting moneys in Singapore for the purpose of transmitting, or arranging
for the transmission, of moneys to any person in another country or territory
outside Singapore; or
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(b)
receiving for, or arranging for the receipt by, any person in Singapore,
moneys from a country or territory outside Singapore,
but does not include such other services that the Authority may prescribe.
“providing merchant acquisition services” means contracting with a merchant to accept
and process payment transactions, which result in a transfer of money to the merchant,
whether or not the payment service provider comes into possession of money in
respect of the payment transactions, where the merchant carries on business in
Singapore, is incorporated, formed or registered in Singapore, or the contract is
entered into in Singapore.
“providing money-changing services” means buying or selling foreign currency notes;
“providing virtual currency services” means—
(a)
dealing in virtual currency;
(b)
facilitating the exchange of virtual currency; or
(c)
such other service relating to virtual currency as the Authority may prescribe,
in Singapore or providing such services to persons in Singapore but does not include such
other service relating to virtual currency as the Authority may prescribe.
“virtual currency exchange” means a place at which, or a facility (whether electronic or
otherwise)—
(a)
by means of which offers or invitations to exchange, buy or sell virtual
currency in exchange for another virtual currency or for any currency are
regularly made on a centralised basis,
(b)
where the offers or invitations that are made are intended or may reasonably
be expected to result, whether directly or indirectly, in the acceptance or
making, respectively, of offers to exchange, sell or buy virtual currencies;
and
(c)
where the persons making the offers or invitations to exchange buy or sell
virtual currency are different from the persons accepting the offers or making
the offers, to exchange, sell or buy virtual currencies,
but does not include a place or facility used by only one person—
(i)
to regularly make offers or invitations to sell, purchase or exchange virtual
currencies; or
(ii)
to regularly accept offers to sell, purchase or exchange virtual currencies;
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2.
For the purposes of this Schedule, a person is deemed to be—
(a)
carrying on cross border money transfer if he offers to transmit money on
behalf of any person to another person resident in another country and this
includes offers to transmit money on behalf of any person in a country or
territory outside of Singapore to a person resident in Singapore; and
(b)
providing money-changing services if he offers to buy or sell any foreign
currency notes.
SECOND SCHEDULE
Section 2 and 109
EXCLUDED SERVICES
PART I
EXCLUDED PAYMENT SERVICES
The following are excluded payment services for the purposes of this Act:
1.
Payment transactions between the payer and payee executed through a commercial
agent authorised to negotiate or conclude the sale or purchase of goods or services on
behalf of the payer or the payee, but does not include payment transactions executed on
an online marketplace.
2.
The professional physical transport of currency, including their collection, processing
and delivery.
3.
Payment transactions consisting of non-professional currency collection and delivery
as part of a not-for-profit or charitable activity.
4.
Payment transactions based on any of the following documents drawn on a person with
a view to placing money at the disposal of the payee—
(a)
cheques, cashiers’ orders, drawing vouchers, dividend warrants, demand
drafts, remittance receipts, travellers cheques or gift cheques; or
(b)
paper postal orders.
5.
Payment transactions carried out within a payment or securities settlement system
between payment service providers and settlement agents, central counterparties,
clearing houses, central banks or other participants in the system.
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6.
Any service provided by any technical service provider, which supports the provision of
payment services, where the provider does not at any time enter into possession of the
money to be transferred, including—
(a)
the processing and storage of data;
(b)
trust and privacy protection services;
(c)
data and entity authentication;
(d)
information technology;
(e)
communication network provision; and
(f)
the provision and maintenance of terminals and devices used for payment
services.
7.
Payment transactions carried out between payment services providers, or their agents or
branches, for their own account.
8.
Payment transactions between or among related corporations as defined in section 4 of
the Companies Act (Cap. 50), where there is no intermediary intervention by any
payment service provider unless the payment service provider is one of the related
corporations.
9.
Any payment service provided by any person licensed approved, registered or regulated,
including a person exempted from licensing, approval, registration or regulation, under
any of the following Acts:
(a)
Securities and Futures Act (Cap. 289);
(b)
Financial Advisers Act (Cap. 110);
(c)
Trust Companies Act (Cap. 336);
(d)
Insurance Act (Cap. 142),
where such payment service is solely incidental to or solely necessary for the person’s
carrying on of the business in any regulated activity under the respective Act or Acts.
10.
Dealing in central bank virtual currency carried out by a central bank or financial
institution.
11.
Facilitating the exchange of central bank virtual currency carried out by a central bank
or financial institution.
12.
Any payment service provided by any person in respect of limited purpose e-money only.
13.
Dealing in limited purpose virtual currency.
14.
Facilitating the exchange of limited purpose virtual currency.
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PART II
INTERPRETATION
In this Schedule—
“central bank virtual currency” means virtual currency that is issued by a central bank or
by any entity that a central bank delegates the power, function or duty to issue such
virtual currency to;
“commercial agent” means any person who carries on a business acting as an authorised
agent on behalf of another person for the purposes of negotiating or concluding the
sale or purchase of goods or services on behalf of that other person;
“financial institution” has the same meaning as in the First Schedule;
“financial product” means any product or service that is provided by a financial
institution;
“franchise” means a written agreement or arrangement between 2 or more persons by
which —
(a)
a party (referred to in this definition as the franchisor) to the agreement or
arrangement authorises or permits another party (referred to in this definition
as the franchisee), or a person associated with the franchisee, to exercise the
right to engage in the business of offering, selling or distributing goods or
services in Singapore under a plan or system controlled by the franchisor or
a person associated with the franchisor;
(b)
the business carried on by the franchisee or the person associated with the
franchisee, as the case may be, is capable of being identified by the public as
being substantially associated with a trade or service mark, logo, symbol or
name identifying, commonly connected with or controlled by the franchisor
or a person associated with the franchisor;
(c)
the franchisor exerts, or has authority to exert, a significant degree of control
over the method or manner of operation of the franchisee’s business;
(d)
the franchisee or a person associated with the franchisee is required under the
agreement or arrangement to make payment or give some other form of
consideration to the franchisor or a person associated with the franchisor; and
(e)
the franchisor agrees to communicate to the franchisee, or a person associated
with the franchisee, knowledge, experience, expertise, know-how, trade
secrets or other information whether or not it is proprietary or confidential;
“in-game assets” means any digital representation of value that—
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(a)
is purchased or otherwise acquired by a person (referred to in this definition
as the game player);
(b)
is not denominated in any currency;
(c)
is issued by an issuer as part of an online game; and
(d)
is used by the game player for payment of or exchange for virtual objects or
services in the online game.
“online marketplace” means an electronic facility by means of which, offers or
invitations to exchange, sell or purchase goods or services are regularly made on a
centralised basis, being offers or invitations that are intended or may reasonably be
expected to result, whether directly or indirectly, in the acceptance or making,
respectively, of offers to exchange, sell or purchase goods or services through the
facility;
“limited purpose e-money” means any one or more of the following:
(a)
electronically stored monetary value in any payment account that is, or is
intended to be, used only in Singapore—
(i)
for payment or part payment of the purchase of goods from the issuer
or use of services of the issuer, or both; or
(ii)
for payment of or part payment of the purchase of goods from a limited
network of goods or service providers who have a commercial
arrangement with the issuer or use of services of a limited network of
goods or service providers who have a commercial arrangement with
the issuer, or both;
(b)
electronically stored monetary value in any payment account, that is or is
intended to be, used only in Singapore and—
(i)
all the monetary value stored in the payment account is issued by a
public authority; or
(ii)
that a public authority has undertaken to be fully liable for or provided
a guarantee in respect of, all the monetary value stored in the payment
account, in the event of default by the issuer.
(c)
electronically stored monetary value in any payment account, that—
(i)
is denominated in any currency;
(ii)
is issued by an issuer as part of a scheme, the dominant purpose of
which is to promote the purchase of goods from, or the use of services
of, the issuer, or by such merchants as may be specified by the issuer;
(iii)
is issued to a user as a result of the user purchasing goods from, or using
the services of, the issuer, or such merchants as may be specified by
the issuer;
(iv)
is used for payment or part payment of the purchase of goods or use of
services, or both;
(v)
is not part of a financial product;
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(vi)
cannot be withdrawn by the user from the payment account in exchange
for currency; and
(vii)
cannot be refunded entirely to the user where the electronically stored
monetary value is more than S$100, unless the issuer identifies and
verifies the identity of the user requesting the refund.
“limited purpose virtual currency” means the following digital representations of value:
(a)
non-monetary customer loyalty points or non-monetary customer reward
points;
(b)
in-game assets; or
(c)
any digital representation of value similar to sub-paragraphs (a) or (b) above,
where each of sub-paragraphs (a) to (c) above—
(i)
must not be returnable, transferrable or capable of being sold to any person
in exchange for money;
(ii)
is a medium of exchange that is, or is intended to be, as the case may be—
(A)
used only for payment of or part payment of, or exchange for, goods or
services, or both, provided by the issuer of the digital representation of
value, or provided by such merchants as may be specified by the issuer;
or
(B)
used only for the payment of or exchange for virtual objects or virtual
services, or any similar thing within, or as part of, or in relation to an
online game.
“limited network of goods or service providers” means the following networks:
(a)
all parties to a franchise which an issuer is a party to; or
(b)
the issuer and all its related corporations as defined in section 4 of the
Companies Act (Cap. 50).
“non-monetary customer loyalty points” or “non-monetary customer reward points”
means any digital representation of value, by whatever name called, that—
(a)
is not denominated in any currency;
(b)
is issued by an issuer as part of a scheme, the dominant purpose of which is
to promote the purchase of goods from, or the use of services of, the issuer,
or by such merchants as may be specified by the issuer;
(c)
is issued to a person as a result of the person purchasing goods from, or using
the services of, the issuer, or such merchants as may be specified by the
issuer;
(d)
is used for payment or part payment of, or exchange for, goods or services,
or both goods and services; and
(e)
is not part of a financial product.
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THIRD SCHEDULE
Section 5(2) and 109
SPECIFIED PROVISIONS
1.
Section 14(3)
2.
Section 102
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