Singapore legislation

Section 28A

of Building and Construction Industry Security of Payment Act 2004

Section 28A

Authorised nominating body to maintain trust account

Amended by47/201847/201847/201847/201847/201847/2018

(1)

An authorised nominating body must open and maintain a trust account with a bank for the purpose of holding the adjudicated amount mentioned in section 18(3).

Amended by47/2018

(2)

An authorised nominating body must not withdraw any money from a trust account except for the purpose of subsection (3) or making a payment under section 22(3).

Amended by47/2018

(3)

All interest earned from the maintenance of adjudicated amounts received in a trust account accrue to the authorised nominating body, which may dispose of the interest in such manner as the authorised nominating body considers fit.

Amended by47/2018

(4)

Money held in a trust account is not available for payment of the debts of an authorised nominating body or liable to be paid or taken in execution under the order or process of a court.

Amended by47/2018

(5)

Nothing in subsection (4) takes away or affects any lawful claim that a claimant or a respondent has against money held in a trust account.

Amended by47/2018

(6)

In this section —

Amended by47/2018

Definition

“bank” has the meaning given by the Banking Act 1970;

Definition

“trust account” means a current or deposit account maintained in the name of the authorised nominating body at a bank, in the title of which the words “BCISOPA ANB — Adjudicated Amount Client Account” appear.

Amended by47/2018
Section 28A — Building and Construction Industry Security of Payment Act 2004