Singapore legislation

Section 35

of Accounting and Corporate Regulatory Authority Act 2004

Section 35

Regulations for this Part

Amended by18/201418/2014

(1)

The Minister may make any regulations that are necessary or expedient for carrying out the purposes of this Part.

Amended by18/2014

(2)

Without limiting subsection (1), such regulations may —

(a)

prescribe the individuals by or through whom a registered filing agent which carries out a transaction with the Registrar must act;

(b)

prescribe the persons to whom, and the transactions to which, the requirement under section 28(2) (that a person may carry out a transaction with the Registrar on behalf of another person only if the firstmentioned person is a registered filing agent) does not apply;

(c)

prescribe the criteria for qualified individuals;

(d)

prescribe the terms and conditions mentioned in sections 31(9) and 32(9) including —

(i)

the duties of registered filing agents and registered qualified individuals to —

(A)

ensure proper access and use of the electronic transaction system and (where applicable) supervise agents and employees of the registered filing agents for such purposes;

(B)

keep proper records in respect of transactions with the Registrar; and

(C)

give the Chief Executive information, access to premises and records, and other reasonable assistance, for the purposes of inspection and monitoring for compliance with such prescribed terms and conditions;

(ii)

requirements in relation to the detection and prevention of money laundering or the financing of terrorism, and for the recording and reporting of transactions suspected of involving money laundering or the financing of terrorism, including any term or condition necessary or expedient to give effect to any relevant FATF recommendation; and

(iii)

the duty of registered filing agents and registered qualified individuals to assess, and to report to the Chief Executive on, their compliance with such terms and conditions;

(e)

provide for the application of the terms and conditions prescribed for the purposes of sections 31(9) and 32(9) to transactions with the Registrar that are carried out by means other than through the electronic transaction system (whether because of a malfunction of the electronic transaction system or otherwise);

(f)

provide for the manner in which any or both of the following may be published:

(i)

any decision of, or action taken by, the Chief Executive under section 31 or 32;

(ii)

any determination of the Minister under section 33;

(g)

prescribe —

(i)

the fees payable for the purposes of this Part and not expressly provided for in section 27(5);

(ii)

the penalties payable for the late filing of any document; and

(iii)

the manner in which such fees and penalties are to be paid;

(h)

provide that any contravention of any provision of the regulations, other than a contravention of a term or condition mentioned in section 31(9) or 32(9), shall be an offence punishable with a fine not exceeding $50,000 or with imprisonment for a term not exceeding 3 years or with both;

(i)

prescribe anything which may be prescribed under this Part; and

(j)

contain any transitional and other supplementary and incidental provisions that appear to the Minister to be appropriate for carrying out the purposes of this Part.[28J

Amended by18/2014
Section 35 — Accounting and Corporate Regulatory Authority Act 2004