65
shall be guilty of an offence.
(3)
Any person convicted of an offence under subsection (2) shall be liable on conviction
—
(a)
in the case of an individual, to a fine not exceeding $125,000 or to imprisonment
for a term not exceeding 3 years or to both and, in the case of a continuing offence
(if applicable), to a further fine not exceeding $12,500 for every day or part of a
day during which the offence continues after conviction; or
(b)
in any other case, to a fine not exceeding $250,000 and, in the case of a continuing
offence (if applicable), to a further fine not exceeding $25,000 for every day or part
of a day during which the offence continues after conviction.
(4)
Where a person is charged with an offence in respect of a contravention of section
60(1), (2) or (6), it is a defence for the person to prove that —
(a)
the person was not aware that the person had contravened section 60(1), (2) or (6),
as the case may be; and
(b)
within 14 days after becoming aware of the contravention, the person —
(i)
notified the Authority of the contravention; and
(ii)
within such time as may be determined by the Authority, took such action in
relation to the person’s shareholding or control of the voting power in the
Singapore operator as the Authority may direct.
(5)
Where a person is charged with an offence in respect of a contravention of section
60(1), it is also a defence for the person to prove that, even though the person was aware of the
contravention —
(a)
the contravention occurred as a result of an increase in the shareholding as
described in section 59(3)(a) of, or in the voting power controlled by, any of the
person’s associates described in section 59(3)(c)(i) of;
(b)
the person had no agreement or arrangement, whether oral or in writing and
whether express or implied, with that associate with respect to the acquisition,
holding or disposal of shares or other interests in, or under which they act together
in exercising their voting power in relation to, the Singapore operator; and
(c)
within 14 days after the date of the contravention, the person —
(i)
notified the Authority of the contravention; and
(ii)
within such time as may be determined by the Authority, took such action in
relation to the person’s shareholding or control of the voting power in the
Singapore operator as the Authority may direct.
(6)
Except as provided in subsections (4) and (5), it is not a defence for a person charged
with an offence in respect of a contravention of section 60(1), (2) or (6) to prove that the person
did not intend to or did not knowingly contravene that provision.
66
Appeals
66. Any person that is aggrieved by a decision of the Authority under section 60, 61 or 62
may, within 30 days after receiving the decision of the Authority, appeal in writing to the
Minister whose decision shall be final and shall be given effect to by the Authority.
Division 7 – Control of Officers of Operators and Settlement Institutions of Designated
Payment Systems
Approval of chief executive officers and directors of operators
67.—(1) Subject to subsection (3), an operator of a designated payment system must not
appoint an individual as its chief executive officer or director, as the case may be, in Singapore
unless it has applied for and obtained the approval of the Authority.
(2)
An application for approval under subsection (1) must be made in such form and
manner as the Authority may prescribe.
(3)
Without affecting any other matter that the Authority may consider relevant, the
Authority may —
(a)
in determining whether to grant its approval under paragraph (b), have regard to
such criteria as may be specified by notice in writing to the operator; and
(b)
approve or refuse the application.
(4)
Where an operator has obtained the approval of the Authority to appoint an individual
as its chief executive officer or director under subsection (2)(b), the person may, without the
approval of the Authority, be re‑appointed as chief executive officer or director (as the case
may be) of the operator immediately upon the expiry of the individual’s term of appointment.
(5)
Subject to subsection (6), the Authority must not refuse an application for approval of
an individual under subsection (1) without giving the operator an opportunity to be heard.
(6)
The Authority may refuse an application for approval of an individual under subsection
(1) without giving the operator an opportunity to be heard in any of the following
circumstances:
(a)
if the individual 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 or she had acted
fraudulently or dishonestly; or
67
(iii)
that is specified in the Third Schedule to the Registration of Criminals Act
(Cap. 268);
(b)
if the individual is an undischarged bankrupt, whether in Singapore or elsewhere;
(c)
if the individual has had execution against him or her in respect of a judgment debt
returned unsatisfied in whole or in part;
(d)
if the individual has, whether in Singapore or elsewhere, entered into a compromise
or scheme of arrangement with his or her creditors, being a compromise or scheme
of arrangement that is still in operation;
(e)
if the individual 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 or her that is
still in force;
(f)
if the individual has been a director of, or directly concerned in the management
of, a regulated financial institution, whether in Singapore or elsewhere —
(i)
that 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.
(7)
Where the Authority refuses an application for approval under subsection (3)(b), the
Authority need not give the individual who was proposed to be appointed an opportunity to be
heard.
(8)
The operator of a designated payment system shall, as soon as practicable, give written
notice to the Authority of the resignation or removal of its chief executive officer or director.
(9)
Any operator that, without reasonable excuse, contravenes subsection (1) shall be guilty
of an offence and shall be liable on conviction to a fine not exceeding $250,000.
(10)
In this section and section 68, unless the context otherwise requires —
“regulated financial institution” means a person that carries on a business, the conduct of
which is regulated or authorised by the Authority or, if it is carried on in Singapore,
would be regulated or authorised by the Authority;
“regulatory authority”, in relation to a foreign country or territory, means an authority of
the foreign country or territory exercising any function that corresponds to a regulatory
function of the Authority under this Act, the Monetary Authority of Singapore Act (Cap.
186) or any of the written laws set out in the Schedule to that Act.
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