Singapore legislation

Section 55ZE

of Banking Act 1970

Section 55ZE

Exposures and credit facilities resulting in concentration risk

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

(1)

The Authority may by written notice to a merchant bank in Singapore or a class of merchant banks in Singapore impose requirements that are necessary or expedient for the purposes of —

(a)

identifying any person or class of persons, where exposure of the merchant bank, or a merchant bank within the class of merchant banks, to the person or class of persons may result in concentration risk to the merchant bank; or

(b)

limiting the exposure of the merchant bank or a merchant bank within the class of merchant banks to any person or class of persons, where the exposure may result in concentration risk to the merchant bank.

Amended by1/2020

(2)

Without limiting subsection (1), the Authority may in a notice under that subsection —

(a)

specify the limit on any exposure;

(b)

exclude any exposure from any limit;

(c)

specify the manner in which and process by which —

(i)

any exposure is to be measured or aggregated; and

(ii)

a person or class of persons mentioned in subsection (1)(a) or (b) is to be identified;

(d)

exclude any merchant bank or class of merchant banks from any requirement imposed under subsection (1);

(e)

vary any limit in a particular case;

(f)

require the merchant bank in Singapore or a merchant bank within the class of merchant banks in Singapore to report its exposures to the Authority; and

(g)

specify the manner in which and the times at which the merchant bank in Singapore or a merchant bank within the class of merchant banks must report its exposures to the Authority.

Amended by1/2020

(3)

A merchant bank in Singapore must not grant any credit facility against the security of its own shares.

Amended by1/2020

(4)

Any merchant bank that fails to comply with —

(a)

any requirement imposed under subsection (1); or

(b)

subsection (3),commits 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

(5)

In this section, “exposure” has the meaning given in the Fifth Schedule as applied by section 55ZL.

Amended by1/2020