68
Removal of executive officers or directors of operators and settlement institutions
68.—(1) Despite the provisions of any other written law, where the Authority is satisfied
that —
(a)
an executive officer of an operator or a settlement institution of a designated
payment system; or
(b)
a director of a Singapore operator or a Singapore settlement institution,
is not a fit and proper person to act as such executive officer or director, the Authority may, by
notice in writing, direct the operator or settlement institution to remove —
(i)
the executive officer from employment with the operator or settlement institution,
as the case may be; or
(ii)
the director as director of the Singapore operator or Singapore settlement
institution, as the case may be,
within such period as the Authority may specify in the notice.
(2)
Without affecting any other matter that the Authority may deem relevant, in assessing
whether to direct the operator or settlement institution to remove its executive officer or
director under subsection (1), the Authority may consider whether the executive officer or
director —
(a)
has been convicted, whether in Singapore or elsewhere, of an offence committed
before, on or after the date of commencement of this Act, being an offence —
(i)
involving fraud or dishonesty;
(ii)
the conviction for which involved a finding that he had acted fraudulently or
dishonestly; or
(iii)
that is specified in the Third Schedule to the Registration of Criminals Act
(Cap. 268);
(b)
is an undischarged bankrupt, whether in Singapore or elsewhere;
(c)
has had execution against him in respect of a judgment debt returned unsatisfied in
whole or in part;
(d)
has, whether in Singapore or elsewhere, entered into a compromise or scheme of
arrangement with his creditors, being a compromise or scheme of arrangement that
is still in operation;
(e)
has had a prohibition order under section 59 of the Financial Advisers Act (Cap.
110), section 35V of the Insurance Act (Cap. 142) or section 101A of the Securities
and Futures Act (Cap. 289) made against him that remains in force;
(f)
has been a director of, or directly concerned in the management of, a regulated
financial institution, whether in Singapore or elsewhere —
(i)
which is being or has been wound up by a court; or
(ii)
the approval, authorisation, designation, recognition, registration or licence
of which has been withdrawn, cancelled or revoked by the Authority or, in
the case of a regulated financial institution in a foreign country or territory,
by the regulatory authority in that foreign country or territory;
69
(g)
has wilfully contravened or wilfully caused the operator or settlement institution to
contravene any provision of this Act;
(h)
has, without reasonable excuse, failed to secure the compliance of the operator or
settlement institution with this Act, the Monetary Authority of Singapore Act (Cap.
186) or any of the written laws set out in the Schedule to that Act;
(i)
has failed to discharge any of the duties of his or her office or employment; or
(j)
needs to be removed in the public interest.
(3)
Subject to subsection (4), before directing an operator or a settlement institution to
remove its chief executive officer or director under subsection (1), the Authority must give –
(a)
the operator or settlement institution, as the case may be; and
(b)
the individual concerned,
an opportunity to be heard.
(4)
The Authority may direct an operator or settlement institution to remove a person from
his office or employment under subsection (1) on any of the following grounds without giving
the operator or settlement institution an opportunity to be heard:
(a)
the person is an undischarged bankrupt, whether in Singapore or elsewhere;
(b)
the person has been convicted, whether in Singapore or elsewhere, of an offence
committed before, on or after the date of commencement this Act —
(i)
involving fraud or dishonesty, or the conviction for which involved a finding
that he had acted fraudulently or dishonestly; and
(ii)
punishable with imprisonment for a term of 3 months or more.
(5)
Without affecting the Authority’s power to impose conditions under section 45, the
Authority may at any time, by notice in writing to an operator or a settlement institution impose
a condition requiring the operator or settlement institution to notify the Authority of a change
to any specified attribute (such as residence and nature of appointment) of its chief executive
officer or director, and vary any such condition.
(6)
Any operator or settlement institution that, without reasonable excuse —
(a)
fails to comply with a direction under subsection (1); or
(b)
contravenes any condition imposed under subsection (5),
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000.
(7)
No criminal or civil liability shall be incurred by an operator or a settlement institution
of a designated payment system, or any person acting on behalf of the operator or settlement
institution, in respect of anything done (including any statement made) or omitted to be done
with reasonable care and in good faith in the discharge or purported discharge of the obligations
of the operator or settlement institution under this section.
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