Singapore legislation
Section 13
Section 13
Approval before employing or engaging assistant, etc.
(1)
A licensee must not, without the written approval of the Registrar, employ or engage any assistant.
(2)
An application for the Registrar’s approval mentioned in subsection (1) must be made in the form and manner specified by the Registrar.
(3)
On an application by a licensee for the Registrar’s approval mentioned in subsection (1), the Registrar may —
grant the approval applied for; or
refuse to grant the approval applied for.
(4)
The Registrar must refuse to grant an approval under subsection (3)(b) if the Registrar is not satisfied that the person in respect of whom the approval is sought is of good character and is a fit and proper person.
(5)
Without limiting subsection (4), the Registrar may refuse to approve as an assistant any person who, whether before, on or after 30 November 2018 —
has been convicted of any offence involving dishonesty or moral turpitude;
has been convicted of any offence under sections 50 to 57 of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992, the Terrorism (Suppression of Financing) Act 2002 or any regulation made under the United Nations Act 2001;
is contravening or has contravened any provision of this Act or any corresponding previous written law;
has been convicted of any offence under this Act or any corresponding previous written law; or
has carried on any business of moneylending in Singapore or any foreign country or territory —
for which the licence has been revoked or suspended under this Act or any corresponding previous written law; or
the approval, authorisation, registration or licence of or for which has been withdrawn, cancelled or revoked by a regulatory authority in that foreign country or territory.
(6)
The Registrar may cancel any approval granted under subsection (3)(a) in respect of a person if the Registrar —
has reasonable grounds to believe that the approval has been obtained by fraud or misrepresentation;
is no longer satisfied that the person is of good character; or
is no longer satisfied that the person is a fit and proper person.
(7)
The Registrar must not refuse to grant an approval under subsection (3)(b) or cancel any approval under subsection (6) without giving the licensee concerned an opportunity to be heard.
(8)
Where an approval granted under subsection (3)(a) is cancelled under subsection (6), the Registrar must notify the licensee concerned and the person in respect of whom the approval was granted of the cancellation and the date on which the approval is cancelled.
(9)
Starting on the date after the date of cancellation of approval specified in the notice under subsection (8) —
the licensee must stop employing or engaging the person in respect of whom the approval was cancelled; and
the person in respect of whom the approval was cancelled must cease to act for the licensee.
(10)
Every licensee must submit to the Registrar, in the form and manner and at the time specified by the Registrar, the names and particulars of every assistant who, as at the date of the submission, is employed or engaged by the licensee.
(11)
Every licensee must notify the Registrar, in writing, when any person ceases to be employed or engaged by the licensee as an assistant, not later than 7 days after the cessation.
(12)
Any person who, without reasonable excuse, contravenes subsection (1), (9), (10) or (11) shall be guilty of an offence and shall be liable on conviction —
to a fine not exceeding $20,000; and
in the case of a continuing offence, to a further fine not exceeding $2,000 for every day or part of a day during which the offence continues after conviction.
(13)
Where —
in fulfilment of a condition of a licence imposed under section 5(5), a licensee has obtained, before 30 November 2018, the Registrar’s approval to employ or engage an assistant; and
the approval has not been cancelled,the licensee is, on or after that date, treated as having been granted the written approval of the Registrar under subsection (3)(a) to employ or engage the assistant.[11A