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Exempt persons
14.—(1) Subject to subsection (7), the following persons shall be exempted from the
requirement to hold a licence to carry on business in respect of any payment service:
(a)
a bank licensed under the Banking Act (Cap. 19);
(b)
a merchant bank approved as a financial institution under the Monetary Authority
of Singapore Act (Cap. 186);
(c)
a finance company licensed under the Finance Companies Act (Cap. 108);
(d)
a person licensed to carry on the business of issuing credit cards or charge cards in
Singapore under section 57B of the Banking Act (Cap. 19); and
(e)
such other persons or classes of persons as may be prescribed.
(2)
Subject to the provisions of this Act, section 16, 17, 18, 19, 20, 23, and 24 and Division
5 of this Part shall apply, with the necessary modifications, to an exempt person (other than a
person referred to in subsection (1)(e)) in respect of its business of providing the relevant
payment service as if it is a licensee.
(3)
The Authority may, on the application of an exempt person, exempt the exempt person
from complying with any of the provisions referred to in subsection (2).
(4)
The Authority may prescribe or specify by notice in writing the provisions of this Act
that apply to the persons referred to in subsection (1)(e).
(5)
An exemption granted under subsection (3) need not be published in the Gazette.
(6)
The Authority may prescribe or specify in notice in writing such conditions or
restrictions as may be imposed on an exempt person in carrying on business in any type of
payment service as the Authority thinks fit.
(7)
The Authority may withdraw an exemption granted to any person under this section if
—
(a)
he contravenes any other provision of this Act; or
(b)
the Authority considers it necessary in the public interest.
(8)
Where the Authority withdraws an exemption granted to any person under this section,
the Authority need not give the person an opportunity to be heard.
(9)
An exempt person which is aggrieved by the decision of the Authority to withdraw an
exemption granted to it under this section may, within 30 days of the decision, appeal in writing
to the Minister whose decision shall be final and shall be given effect to by the Authority.
(10)
A withdrawal under subsection (7) of an exemption granted to any person shall not
operate so as to —
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(a)
avoid or affect any agreement, transaction or arrangement, relating to any payment
service provided by the person, whether the agreement, transaction or arrangement
was entered into before or after the withdrawal of the exemption; or
(b)
affect any right, obligation or liability arising under any agreement, transaction or
arrangement referred to in paragraph (a).
(11)
Any exempt person which contravenes any condition or restriction imposed under
subsection (6) shall be guilty of an offence and shall be liable on conviction 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 thereof during which the offence continues after conviction.
(12)
The Authority may at any time add to, vary or revoke any of the conditions imposed
under this section.
(13)
In this section, “relevant payment service” —
(a)
in relation to an exempt person under subsection (1)(a) means the following:
(i)
providing account issuance services which is not solely incidental to the
conduct of deposit-taking business or banking business under the Banking
Act (Cap. 19);
(ii)
providing domestic money transfer services which is not solely incidental to
the conduct of deposit-taking business or banking business under the
Banking Act (Cap. 19);
(iii)
e-money issuance;
(iv)
providing virtual currency services;
(b)
in relation to an exempt person under subsection (1)(b) means the following:
(i)
providing account issuance services which is not solely incidental to the
conduct of the business of receiving money on current or deposit account,
and the making of advances to customers, as permitted under the Guidelines
for Operation of “Merchant” Banks;
(ii)
providing domestic money transfer services which is not solely incidental to
the conduct of the business of receiving money on current or deposit account,
and the making of advances to customers, as permitted under the Guidelines
for Operation of “Merchant” Banks;
(iii)
e-money issuance;
(iv)
providing virtual currency services;
(c)
in relation to an exempt person under subsection (1)(c) means the following:
(i)
providing account issuance services which is not solely incidental to the
conduct of financing business under the Finance Companies Act (Cap. 108);
(ii)
providing domestic money transfer services which is not solely incidental to
the conduct of financing business under the Finance Companies Act (Cap.
108);
(iii)
e-money issuance;
(iv)
providing virtual currency services;
(d)
in relation to an exempt person under subsection (1)(d) means the following:
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