Singapore legislation
Section 107
Section 107
Recovery, refund and remission of levies and late payment fees, etc.
(1)
The levy imposed on a person under section 104(3), (5) or (6), and any late payment fee imposed on the person under section 105(3), are both recoverable as a debt due from that person to the trustee of the resolution fund concerned.
(2)
The amount of levy that a market infrastructure is required to collect from its participants under section 106(2), and any late payment fee imposed on the market infrastructure under section 106(4), are both recoverable as a debt due from the market infrastructure to the trustee of the resolution fund concerned.
(3)
Where the trustee of a resolution fund has commenced any legal proceedings in a court in Singapore to recover any levy or late payment fee from a person, the trustee is entitled to claim costs on a full indemnity basis from that person.
(4)
All levies and late payment fees collected or recovered are to be paid into the resolution fund concerned.
(5)
Where a levy payer has paid an amount of levy that is in excess of the amount imposed on the levy payer under a notice under section 105, the trustee of the resolution fund concerned must make a withdrawal from the fund to refund the excess amount to the levy payer.
(6)
In any particular case other than the one to which subsection (5) applies, the trustee of a resolution fund may, with the approval of the Minister —
make a withdrawal from the fund to refund in whole or in part any levy paid by a levy payer; or
remit in whole or in part any levy payable by a levy payer.