Singapore legislation

Section 16

of Moneylenders Act 2008

Section 16

Notification of certain events

Amended by7/20187/20187/201840/201840/20197/20187/2018

(1)

If any of the events in subsection (3) occurs on or after 30 November 2018, the licensee in question must notify the Registrar in writing of the occurrence not later than 7 days after the licensee becomes aware of the event concerned.

Amended by7/2018

(2)

A licensee must, within the period of 30 days after 30 November 2018, notify the Registrar in writing of the occurrence of any of the events in subsection (3), if the event occurred within the period of one year immediately preceding 30 November 2018 and the licensee is aware of the occurrence.

Amended by7/2018

(3)

The events mentioned in subsections (1) and (2) are the following:

(a)

the making of an application to the General Division of the High Court for a bankruptcy order against any director or substantial shareholder of the licensee;

(b)

the making of an application to the General Division of the High Court under the Companies Act 1967 to summon a meeting of the creditors or members of —

(i)

the licensee; or

(ii)

any substantial shareholder of the licensee;

(c)

the making of an application to the General Division of the High Court under the Insolvency, Restructuring and Dissolution Act 2018 or any previous written law for the court to approve a compromise or arrangement between —

(i)

the licensee; or

(ii)

any substantial shareholder of the licensee,and the creditors of the licensee or substantial holder (as the case may be) or any class of those creditors, without any meeting of the creditors or class of creditors;

(d)

the making of an application to the General Division of the High Court under the Insolvency, Restructuring and Dissolution Act 2018 or any previous written law to place under judicial management —

(i)

the licensee; or

(ii)

any substantial shareholder of the licensee;

(e)

the lodgment of a written notice of the appointment of an interim judicial manager under section 94(5)(a) of the Insolvency, Restructuring and Dissolution Act 2018 in respect of —

(i)

the licensee;

(ii)

any partner or substantial shareholder of the licensee; or

(iii)

any manager of the licensee, where the licensee is a limited liability partnership;

(f)

the making of an order under the Insolvency, Restructuring and Dissolution Act 2018 or any previous written law or the Limited Liability Partnerships Act 2005, appointing a receiver or manager, or a receiver and manager, of the property of —

(i)

the licensee; or

(ii)

any substantial shareholder of the licensee;

(g)

the passing of a resolution under the Insolvency, Restructuring and Dissolution Act 2018 or any previous written law or the Limited Liability Partnerships Act 2005, for the voluntary winding up of —

(i)

the licensee; or

(ii)

any substantial shareholder of the licensee;

(h)

the making of an application to the General Division of the High Court under the Insolvency, Restructuring and Dissolution Act 2018 or any previous written law or the Limited Liability Partnerships Act 2005, for winding up by an order of the court of —

(i)

the licensee; or

(ii)

any substantial shareholder of the licensee;

(i)

the making of a statutory declaration under the Companies Act 1967 or the Limited Liability Partnerships Act 2005, in respect of —

(i)

the licensee; or

(ii)

any substantial shareholder of the licensee.

Amended by7/201840/201840/2019

(4)

When a licensee notifies the Registrar of an event under subsection (1) or (2) —

(a)

the Registrar may require the licensee to notify the Registrar of any further event in relation to that event; and

(b)

the licensee must notify the Registrar of the further event no later than 7 days after the licensee becomes aware that the further event has occurred.

Amended by7/2018

(5)

Any licensee who, without reasonable excuse, contravenes subsection (1), (2) or (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000.[11D

Amended by7/2018
Section 16 — Moneylenders Act 2008 | laws.sg