50
(a)
an intention to make a material change to the nature of the operating rules,
settlement procedures or activities of the designated payment system;
(b)
an event or irregularity that impedes or prevents access to, or impairs the usual
operations of the designated payment system or its settlement operations, as the
case may be;
(c)
any material function of the operator or the settlement institution that is outsourced;
(d)
any civil or criminal proceeding instituted against the operator or the settlement
institution, whether in Singapore or elsewhere;
(e)
the operator or settlement institution is becoming, or is likely to become, insolvent
or unable to meet any of its financial, statutory, contractual or other obligations;
(f)
any disciplinary action taken against the operator or settlement institution, as the
case may be, by any regulatory authority, whether in Singapore or elsewhere, other
than the Authority;
(g)
any significant change to the regulatory requirements imposed on the operator or
settlement institution, as the case may be, by any regulatory authority, whether in
Singapore or elsewhere, other than the Authority;
(h)
any other event that the Authority may prescribe or specify by notice in writing
from time to time.
(2) Without affecting subsection (1), an operator and a settlement institution of a designated
payment system must notify the Authority within 14 days after the occurrence of any of the
following events:
(a)
any change of any of its executive officers other than a director or the chief
executive officer of the operator or settlement institution of a designated payment
system;
(b)
any other event that the Authority may prescribe or specify by notice in writing
from time to time.
(3) Any person that contravenes subsection (1) or (2) shall be an offence and shall be liable
on conviction to a fine not exceeding $250,000.
Obligation of operator to submit periodic reports
50.—(1) An operator of a designated payment system must submit to the Authority such
reports or returns in such form, manner and frequency as the Authority may specify by notice
in writing.
(2) Any person that contravenes subsection (1) 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 of a day during which the offence
continues after conviction.
51
Obligation of operator to notify Authority of businesses and acquisition of corporations
51.—(1) An operator of a designated payment system must notify the Authority as soon
as practicable after the occurrence of any of the following events:
(a)
the carrying on of any business by the operator of the designated payment system
other than —
(i)
the business of operating a payment system;
(ii)
a business incidental to operating a payment system; or
(iii)
such business or class of businesses as the Authority may prescribe;
(b)
the acquisition by the operator of the designated payment system of a substantial
shareholding in a corporation which does not carry on —
(i)
the business of operating a payment system;
(ii)
a business incidental to operating a payment system; or
(iii)
such business or class of businesses as the Authority may prescribe.
(2) An operator of a designated payment system must, within 2 months after the designation
of the payment system, notify the Authority of its substantial shareholding in a corporation
which does not carry on —
(a)
the business of operating a payment system;
(b)
a business incidental to operating a payment system; or
(c)
such business or class of businesses as the Authority may prescribe.
(3) Without affecting the generality of section 104(1), the Authority may, at any time after
receiving the notification referred to in subsection (1) or (2), issue directions to the operator of
the designated payment system —
(a)
where the notification relates to a matter referred to in subsection (1)(a) —
(i)
to cease carrying on the first-mentioned business referred to in subsection
(1)(a); or
(ii)
to carry on the first-mentioned business referred to in subsection (1)(a) on
such conditions or restrictions as the Authority may impose, if the Authority
is of the opinion that this is necessary for any of the purposes referred to in
section 104(1); or
(b)
where the notification relates to a matter referred to in subsection (1)(b) or (2) —
(i)
to dispose of the shareholding referred to in subsection (1)(b) or (2); or
(ii)
to exercise its rights relating to such shareholding on such conditions or
restrictions as the Authority may impose, if the Authority is of the opinion
that this is necessary for any of the purposes referred to in section 104(1),
and the operator of the designated payment system must comply with such directions.
(4) Any person who contravenes subsection (1) or (2) or any direction issued by the Authority
under subsection (3) 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.
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