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(3)
The Authority must consider any written representations it receives before the date
mentioned in subsection (2)(b) for the purpose of determining whether to issue a written notice
of objection.
(4)
The Authority must, in any written notice of objection, specify a reasonable period
within which the person that has been served the written notice of objection must —
(a)
take such steps as are necessary to ensure that the person ceases to be a party to the
agreement or arrangement described in section 28(2) or (3), as the case may be;
(b)
cease to be —
(i)
a substantial shareholder;
(ii)
a 12% controller;
(iii)
a 20% controller; or
(iv)
an indirect controller,
of the licensee incorporated in Singapore, as the case may be; or
(c)
comply with such direction as the Authority may make under section 30,
and the person must comply with that notice.
Power to make directions in this Division
30.—(1) If the Authority is satisfied that a person has contravened section 28(1), (2), (3) or
(7) or has failed to comply with any condition imposed under section 28(5), or if the Authority
has served a written notice of objection under section 29, the Authority may, by notice in
writing —
(a)
direct the transfer or disposal of all or any of the shares in the licensee incorporated
in Singapore held by the person or any of the person’s associates (called in this
section the specified shares) within such time or subject to such conditions as the
Authority considers appropriate;
(b)
restrict the transfer or disposal of the specified shares; or
(c)
make such other direction as the Authority considers appropriate.
(2)
In the case of any direction made under subsection (1)(a) or restriction made under
subsection (1)(b), until a transfer or disposal is effected in accordance with the direction or
until the restriction on the transfer or disposal is removed, as the case may be —
(a)
no voting rights may be exercised in respect of the specified shares unless the
Authority expressly permits such rights to be exercised;
(b)
no shares of the licensee incorporated in Singapore may be issued or offered
(whether by way of rights, bonus or otherwise) in respect of the specified shares
unless the Authority expressly permits such issue or offer; and
(c)
except in a liquidation of the licensee incorporated in Singapore, no payment may
be made by the licensee incorporated in Singapore of any amount (whether by way
of dividends or otherwise) in respect of the specified shares unless the Authority
expressly authorises such payment.
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(3)
Subsection (2) has effect despite any provision of the Companies Act (Cap. 50) or
anything contained in the constitution of the licensee incorporated in Singapore.
(4)
Any offer or issue of shares in contravention of subsection (2)(b) shall be deemed to be
null and void, and a person to whom a direction has been issued under subsection (1)(a) or
(1)(b) must immediately return those shares to the licensee incorporated in Singapore, upon
which the licensee incorporated in Singapore must return to the person any payment received
from him in respect of those shares.
(5)
Any payment made by the licensee incorporated in Singapore in contravention of
subsection (2)(c) shall be deemed to be null and void, and a person to whom a direction has
been issued under subsection (1)(a) or (1)(b) must immediately return the payment he has
received to the licensee incorporated in Singapore.
Power of Authority to obtain information relating to this Division
31.—(1) The Authority may, by notice in writing, direct a licensee incorporated in
Singapore to obtain from any of its shareholders, and to provide to the Authority, any
information relating to the shareholder that the Authority may require for the purpose of —
(a)
ascertaining or investigating into the control of shareholding or voting power in the
licensee incorporated in Singapore; or
(b)
exercising any power or function under section 28, 29, 30, 32 or 33.
(2)
Without affecting the generality of subsection (1), the notice in subsection (1) may
require the licensee incorporated in Singapore to obtain and provide the following information:
(a)
whether the shareholder has an interest in any share in licensee incorporated in
Singapore as beneficial owner or as trustee;
(b)
if the shareholder holds the interest in the share as trustee, to indicate as far as that
shareholder is able to —
(i)
the person for whom that shareholder holds the interest (either by name or by
other particulars sufficient to enable that person to be identified); and
(ii)
the nature of that person’s interest.
(3)
The Authority may, by notice in writing, require any shareholder (X) of a licensee
incorporated in Singapore, or any person (Y) that appears from information provided to the
Authority under subsection (1) or this subsection to have an interest in any share in the licensee
incorporated in Singapore, to provide to the Authority any information relating to X or Y, as
the case may be, that the Authority may require for the purpose of —
(a)
ascertaining or investigating into the control of shareholding or voting power in the
licensee incorporated in Singapore; or
(b)
exercising any power or function under section 28, 29, 30, 32 or 33.
(4)
Without affecting the generality of subsection (3), the notice in subsection (3) may
require X or Y to provide the following information:
(a)
whether X or Y holds that interest as beneficial owner or as trustee;
(b)
if X or Y holds the interest as trustee, to indicate as far as X or Y can —
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