Singapore legislation

Section 42

of Moneylenders Act 2008

Section 42

Offence to destroy, conceal, etc., records to prevent, delay, etc., audit of licensee’s accounts

Amended by7/20187/2018

(1)

Any individual who, with intent to prevent, delay or obstruct the carrying out of any examination or audit under section 39 or 40 —

(a)

destroys, conceals or alters any book relating to the business of a licensee; or

(b)

sends, or conspires with any other person to send, out of Singapore, any book or asset of any description belonging to, or in the possession or under the control of the licensee,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both.

Amended by7/2018

(2)

If, in any proceedings for an offence under subsection (1), it is proved that the individual charged with the offence —

(a)

destroyed, concealed or altered any book mentioned in subsection (1)(a); or

(b)

sent, or conspired to send, out of Singapore, any book or asset mentioned in subsection (1)(b),the onus of proving that, in so doing, the individual did not act with intent to prevent, delay or obstruct the carrying out of an examination or audit under section 39 or 40 lies on that individual.[24D

Amended by7/2018