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(b)
the matters contained in the advertisement were not, wholly or in part, devised or
selected by him or by any person under his direction or control; and
(c)
he did not know and had no reason for believing that the publication of the
advertisement would constitute an offence.
Annual fees of licensees
11.—(1) A licensee must pay to the Authority such prescribed annual fee in the manner
that the Authority specifies.
(2)
The Authority may prescribe different annual fees for different classes or categories of
licensees depending on the type and number of payment services they are licensed to carry on,
their volume of transactions and all other factors which the Authority may consider relevant.
(3)
The Authority may, where it considers appropriate in a particular case, waive, refund
or remit the whole or any part of any annual fee paid or payable to it.
Lapsing, surrender, revocation and suspension of licence
12.—(1) A licence lapses —
(a)
if the licensee is wound up or otherwise dissolved, whether in Singapore or
elsewhere;
(b)
if the licensee is an individual, on the date the licensee dies, becomes mentally
incapacitated or has been adjudicated a bankrupt; or
(c)
upon the occurrence of such event as may be prescribed.
(2)
The Authority may revoke a licence of a licensee if —
(a)
it appears to the Authority that the licensee or any of the following persons of the
licensee are not fit and proper persons in accordance with the Guidelines on Fit and
Proper Criteria:
(i)
its officers, partners (where the licensee is a partnership including a limited
liability partnership) and employees;
(ii)
its substantial shareholders, 12% controllers, 20% controllers and indirect
controllers, as defined in section 27(2);
(b)
it appears to the Authority that —
(i)
the financial standing of the licensee; or
(ii)
the manner in which the licensee’s business is being conducted,
is not satisfactory;
(c)
the licensee is contravening or has contravened any provision of this Act, or any
condition or restriction imposed or any notice issued by the Authority under this
Act;
(d)
the licensee is contravening or has contravened any notice issued by the Authority
under the Monetary Authority of Singapore Act (Cap. 186);
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(e)
it appears to the Authority that the licensee is failing or has failed to satisfy any of
its obligations under or arising from —
(i)
this Act; or
(ii)
any notice issued by the Authority under this Act;
(f)
the licensee has provided to the Authority any information or document required
under this Act that is false or misleading;
(g)
it appears to the Authority that the licensee, or any of its officers, partners (where
the licensee is a partnership including a limited liability partnership or employees,
has not performed its or his or her duties under this Act honestly or fairly;
(h)
it appears to the Authority that it would be contrary to the public interest for the
licensee to continue its operations;
(i)
the licensee fails to pay the annual fee mentioned in section 11(1);
(j)
the licensee fails or ceases to carry on business in any type of any payment service
for which it is licensed; or
(k)
the licensee fails or ceases to have an executive director who is a Singapore citizen
or a Singapore permanent resident.
(3)
The Authority may, if it considers it desirable to do so —
(a)
suspend the licence of a licensee for a specified period instead of revoking the
licence under subsection (2); and
(b)
at any time —
(i)
extend the suspension for a specified period; or
(ii)
revoke the suspension.
(4)
Subject to subsection (5), the Authority must not revoke a licence under subsection (2)
or suspend a licence under subsection (3) without giving the licensee an opportunity to be
heard.
(5)
The Authority may, without giving the licensee an opportunity to be heard, revoke or
suspend a licence of a licensee in any of the following circumstances:
(a)
the licensee is in the course of being wound up or otherwise dissolved, whether in
Singapore or elsewhere;
(b)
a receiver, a receiver and manager, a judicial manager or an equivalent person has
been appointed, whether in Singapore or elsewhere, for or in respect of any
property of the licensee;
(c)
where—
(i)
the licensee;
(ii)
any of the licensee’s partners, where the licensee is a partnership (including
a limited liability partnership);
(iii)
the individual, where the licensee is an individual; or
(iv)
any of the licensee’s directors or substantial shareholders as defined in
section 27(2), where the licensee is a corporation,
has been convicted —
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(A)
whether in Singapore or elsewhere; and
(B)
whether before, on or after the date of commencement of this Act,
of an offence involving fraud or dishonesty, or the conviction involved a finding
that the licensee, partner, individual, director, or substantial shareholder as the case
may be, had acted fraudulently or dishonestly.
(6)
A licensee whose licence has lapsed, or is revoked or suspended, must cease to carry
on business in any type of payment service from the date it lapses, or the date the revocation
or suspension takes effect.
(7)
Despite the lapse or revocation of the licence, and unless the Authority otherwise
directs, sections 17, 38, 74, 75 and 76 continue to apply in relation to the former licensee in
respect of matters that occurred before the lapse or revocation as if it had not occurred.
(8)
Any person that contravenes subsection (6) 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 of a day during which the offence
continues after conviction.
(9)
A licensee may surrender his licence with a written notice of surrender, in such form as
may be specified by the Authority.
(10)
Any lapsing, surrender, revocation or suspension of a licence shall not operate so as to
—
(a)
avoid or affect any agreement, transaction or arrangement relating to the licensee’s
business in respect of the provision of any payment service, entered into by such
licensee, whether the agreement, transaction or arrangement was entered into
before or after the lapsing, surrender, revocation, or suspension of the licence, as
the case may be;
(b)
affect any right, obligation or liability arising under any such agreement,
transaction or arrangement.
Right of appeal
13.—(1) Any person who is aggrieved —
(a)
by the refusal of the Authority to grant a licence to it; or
(b)
by the revocation or suspension of its licence by the Authority,
may, within 30 days after having been informed of the refusal, revocation or suspension, appeal
in writing to the Minister whose decision shall be final and shall be given effect to by the
Authority.
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