Singapore legislation
Section 55ZE
Section 55ZE
Exposures and credit facilities resulting in concentration risk
(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 —
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
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.
(2)
Without limiting subsection (1), the Authority may in a notice under that subsection —
specify the limit on any exposure;
exclude any exposure from any limit;
specify the manner in which and process by which —
any exposure is to be measured or aggregated; and
a person or class of persons mentioned in subsection (1)(a) or (b) is to be identified;
exclude any merchant bank or class of merchant banks from any requirement imposed under subsection (1);
vary any limit in a particular case;
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
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.
(3)
A merchant bank in Singapore must not grant any credit facility against the security of its own shares.
(4)
Any merchant bank that fails to comply with —
any requirement imposed under subsection (1); or
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.
(5)
In this section, “exposure” has the meaning given in the Fifth Schedule as applied by section 55ZL.