Singapore legislation
Section 123ZA
Section 123ZA
Objection to control of authorised benchmark administrator
(1)
The Authority may serve a written notice of objection on —
any person required to obtain the Authority’s approval or who has obtained the approval under section 123Z; or
any person who, whether before, on or after 8 October 2018, either alone or together with any connected person, holds, directly or indirectly, 20% or more of the issued share capital of the authorised benchmark administrator or controls, directly or indirectly, 20% or more of the voting power in the authorised benchmark administrator,if the Authority is satisfied that —
any condition of approval imposed on the person under section 123Z(4) has not been complied with;
the person is not or ceases to be a fit and proper person to have effective control of the authorised benchmark administrator;
having regard to the likely influence of the person, the authorised benchmark administrator is not able to or is no longer likely to conduct the activity of administering a designated benchmark prudently or to comply with the provisions of this Act or any direction made thereunder;
the person does not or ceases to satisfy such criteria as may be prescribed by regulations made under section 123ZZA;
the person has provided false or misleading information or documents in connection with an application under section 123Z; or
the Authority would not have granted its approval under section 123Z had it been aware, at that time, of circumstances relevant to the person’s application for such approval.
(2)
The Authority must not serve a notice of objection on any person without giving the person an opportunity to be heard, except in the following circumstances:
the person is in the course of being wound up or otherwise dissolved or, in the case of an individual, is an undischarged bankrupt whether in Singapore or elsewhere;
a receiver, a receiver and manager, a judicial manager or an equivalent person has been appointed, whether in Singapore or elsewhere, in relation to or in respect of any property of the person;
a prohibition order under section 123ZZC has been made by the Authority, and remains in force, against the person;
the person has been convicted, whether in Singapore or elsewhere, of any offence involving fraud or dishonesty or the conviction for which involved a finding that the person had acted fraudulently or dishonestly.
(3)
The Authority must, in any written notice of objection, specify a reasonable period within which the person to be served the written notice of objection must —
take such steps as are necessary to ensure that the person ceases to be a party to the arrangement described in section 123Z(2), ceases to hold 20% or more of the issued share capital of the authorised benchmark administrator in the manner described in subsection (1)(b), or ceases to control 20% or more of the voting power in the authorised benchmark administrator in the manner described in subsection (1)(b); or
comply with such other requirements as the Authority may specify in written directions.
(4)
Any person served with a notice of objection under this section must comply with the notice.
(5)
Any person who contravenes subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $150,000 or to imprisonment for a term not exceeding 3 years or to both.