Singapore legislation

Section 27

of Banking Act 1970

Section 27

Information on exposures, etc., to related parties

Amended by1/20201/20201/20201/20201/20201/2020

(1)

The Authority may, by written notice, require any bank in Singapore or a bank within any class of banks in Singapore —

(a)

to prepare a statement in respect of each period of a duration specified by the Authority, in the form specified by the Authority, showing as at the end of that period —

(i)

all the credit facilities, or all the credit facilities of a specified type, from the bank or any branch or entity in its bank group to any person, branch, entity or head office set out in subsection (2);

(ii)

all the exposures, or all the exposures of a specified type, of the bank or any branch or entity in its bank group to any person, branch, entity or head office set out in subsection (2); and

(iii)

all the transactions, or all the transactions of a specified type, of the bank or any branch or entity in its bank group with any person, branch, entity or head office set out in subsection (2); and

(b)

to carry out other acts relating to a requirement mentioned in paragraph (a).

Amended by1/2020

(2)

The persons, branches, entities or head offices mentioned in subsection (1) are the following:

(a)

any person in a director group of the bank;

(b)

in the case of a bank incorporated in Singapore, any person in a substantial shareholder group of the bank;

(c)

any entity in a major stake entity group of the bank;

(d)

any branch, entity or head office in a related corporation group of the bank;

(e)

any person in a senior management group of the bank;

(f)

any person in a key credit approver group of the bank;

(g)

any person in which any of the directors of the bank has a direct or indirect interest, as declared under section 28 (other than credit facilities, exposures or transactions particulars of which have already been supplied under this section);

(h)

any person whose duties or interests are in conflict with the interests of the bank, as determined by the bank in accordance with a manner and process specified by the Authority by written notice to the bank;

(i)

any person specified by the Authority by written notice to the bank whose duties or interests are, in the opinion of the Authority, in conflict with the interests of the bank;

(j)

any other person or class of persons that is prescribed.

Amended by1/2020

(3)

Without limiting subsection (1)(b), a notice under that subsection may —

(a)

specify the manner in which and process by which any exposure is to be measured or aggregated;

(b)

require that a statement prepared for the purpose of subsection (1)(a) describes the manner in which and the process by which the bank calculated the exposures shown in that statement; and

(c)

require that a statement prepared for the purpose of subsection (1)(a) be accompanied by any document (including a legal opinion or a contract) relating to any credit facility, exposure or transaction shown in the statement.

Amended by1/2020

(4)

A statement under subsection (1)(a) —

(a)

must be prepared within the period specified by the Authority by written notice, after the period in respect of which it is to be prepared;

(b)

must —

(i)

in the case of a bank incorporated in Singapore, be brought up and read at the next meeting of its board of directors after it is prepared; and

(ii)

in the case of a bank incorporated outside Singapore, be submitted to the head office of the bank; and

(c)

must be submitted to the Authority within 7 days after the date on which it is read at the meeting of the board of directors or submitted to the head office of the bank, as the case may be.

Amended by1/2020

(5)

Any bank which fails to comply with subsection (4)(a), (b) or (c) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.

Amended by1/2020

(6)

In this section, “bank group”, “director”, “director group”, “exposure”, “key credit approver group”, “major stake entity group”, “related corporation group”, “senior management group”, “substantial shareholder group” and “transaction” have the meanings given in the Fifth Schedule.

Amended by1/2020
Section 27 — Banking Act 1970 | laws.sg