Singapore legislation

Section 54

of Moneylenders Act 2008

Section 54

Interpretation of this Part

Amended by7/2018

In this Part, unless the context otherwise requires —“borrower information”, in relation to a licensee, means —

(a)

any information relating to a person or a loan applied for or granted to that person, that is in the possession or under the control of the licensee;

(b)

any information relating to a person or a loan, that is obtained by the licensee under section 66;

(c)

the prescribed information mentioned in section 68(1)(a) relating to the repayment of a loan granted by the licensee, or any instalment of such repayment; or

(d)

the prescribed information mentioned in section 68(1)(b) relating to any writing off of any debt arising from a loan granted by the licensee,but excludes any information that is not referable to any named person or named group of persons;“chief executive officer”, in relation to the designated credit bureau, means an individual, by whatever name described, who —

(a)

is in the direct employment of, or acting for or by arrangement with, the designated credit bureau; and

(b)

is principally responsible for the management and conduct of the business of the designated credit bureau;“credit report” means a report prepared by the designated credit bureau under section 74 using borrower information provided by at least one licensee for the purposes of —

(a)

enabling a licensee to assess the creditworthiness of a person, including —

(i)

information about the person’s history in relation to loans with one or more licensees;

(ii)

information about the person’s capacity to repay loans granted by one or more licensees to the person; and

(iii)

any other information relating to the person’s creditworthiness; and

(b)

enabling a licensee to comply with any restriction imposed under this Act as to the maximum amount that may be lent to a borrower or to a class or description of borrowers to which a borrower belongs;“data” means —

(a)

borrower information of a licensee;

(b)

any information in a credit report;

(c)

any information in a loan information report; or

(d)

any information relating to a person or a loan, that is processed by the designated credit bureau in the course of preparing, providing or maintaining a credit report or loan information report;“designated credit bureau” means the person that is for the time being designated under section 56(1) as the designated credit bureau;“employee” includes an individual seconded from another employer;“executive officer”, in relation to the designated credit bureau, means any individual, by whatever name described, who —

(a)

is in the direct employment of, or acting for or by arrangement with, the designated credit bureau; and

(b)

is concerned with or takes part in the management of the designated credit bureau on a day-to-day basis;“information technology system”, in relation to the designated credit bureau, means computer servers and network equipment operated, maintained or used by the designated credit bureau in the performance of its duties under this Part, and any other electronic device that contains data;“integrity”, in relation to data, means that the data is accurate, complete, current and not misleading;“loan information report” means a report prepared by the designated credit bureau under section 77 using borrower information provided by at least one licensee;“officer”, in relation to a licensee or the designated credit bureau, means any director, chief executive officer, manager, secretary or other similar officer of the licensee or designated credit bureau, and includes any person purporting to act in any such capacity;“process”, in relation to data, means to carry out any operation or set of operations in relation to the data, and includes any of the following:

(a)

to collect or record the data;

(b)

to hold the data;

(c)

to organise, combine, adapt or alter the data;

(d)

to retrieve or transmit the data;

(e)

to use the data;

(f)

to disclose or report the data;

(g)

to erase or destroy the data;“public agency” means —

(a)

the Government, including any ministry, department and agency of the Government;

(b)

any statutory body; or

(c)

any Organ of State;“relevant business”, in relation to the designated credit bureau, means any of its business in relation to which a statutory manager has been appointed under section 61(2)(d);“statutory manager” means a statutory manager appointed under section 61(2)(d);“subsequent designated credit bureau” means a company that is designated by the Registrar under section 56(1) in place of a designated credit bureau which designation has been cancelled under section 58 or 59.[30B

Definition

“borrower information”, in relation to a licensee, means —

(a)

any information relating to a person or a loan applied for or granted to that person, that is in the possession or under the control of the licensee;

(b)

any information relating to a person or a loan, that is obtained by the licensee under section 66;

(c)

the prescribed information mentioned in section 68(1)(a) relating to the repayment of a loan granted by the licensee, or any instalment of such repayment; or

(d)

the prescribed information mentioned in section 68(1)(b) relating to any writing off of any debt arising from a loan granted by the licensee,but excludes any information that is not referable to any named person or named group of persons;

Definition

“chief executive officer”, in relation to the designated credit bureau, means an individual, by whatever name described, who —

(a)

is in the direct employment of, or acting for or by arrangement with, the designated credit bureau; and

(b)

is principally responsible for the management and conduct of the business of the designated credit bureau;

Definition

“credit report” means a report prepared by the designated credit bureau under section 74 using borrower information provided by at least one licensee for the purposes of —

(a)

enabling a licensee to assess the creditworthiness of a person, including —

(i)

information about the person’s history in relation to loans with one or more licensees;

(ii)

information about the person’s capacity to repay loans granted by one or more licensees to the person; and

(iii)

any other information relating to the person’s creditworthiness; and

(b)

enabling a licensee to comply with any restriction imposed under this Act as to the maximum amount that may be lent to a borrower or to a class or description of borrowers to which a borrower belongs;

Definition

“data” means —

(a)

borrower information of a licensee;

(b)

any information in a credit report;

(c)

any information in a loan information report; or

(d)

any information relating to a person or a loan, that is processed by the designated credit bureau in the course of preparing, providing or maintaining a credit report or loan information report;

Definition

“designated credit bureau” means the person that is for the time being designated under section 56(1) as the designated credit bureau;

Definition

“employee” includes an individual seconded from another employer;

Definition

“executive officer”, in relation to the designated credit bureau, means any individual, by whatever name described, who —

(a)

is in the direct employment of, or acting for or by arrangement with, the designated credit bureau; and

(b)

is concerned with or takes part in the management of the designated credit bureau on a day-to-day basis;

Definition

“information technology system”, in relation to the designated credit bureau, means computer servers and network equipment operated, maintained or used by the designated credit bureau in the performance of its duties under this Part, and any other electronic device that contains data;

Definition

“integrity”, in relation to data, means that the data is accurate, complete, current and not misleading;

Definition

“loan information report” means a report prepared by the designated credit bureau under section 77 using borrower information provided by at least one licensee;

Definition

“officer”, in relation to a licensee or the designated credit bureau, means any director, chief executive officer, manager, secretary or other similar officer of the licensee or designated credit bureau, and includes any person purporting to act in any such capacity;

Definition

“process”, in relation to data, means to carry out any operation or set of operations in relation to the data, and includes any of the following:

(a)

to collect or record the data;

(b)

to hold the data;

(c)

to organise, combine, adapt or alter the data;

(d)

to retrieve or transmit the data;

(e)

to use the data;

(f)

to disclose or report the data;

(g)

to erase or destroy the data;

Definition

“public agency” means —

(a)

the Government, including any ministry, department and agency of the Government;

(b)

any statutory body; or

(c)

any Organ of State;

Definition

“relevant business”, in relation to the designated credit bureau, means any of its business in relation to which a statutory manager has been appointed under section 61(2)(d);

Definition

“statutory manager” means a statutory manager appointed under section 61(2)(d);

Definition

“subsequent designated credit bureau” means a company that is designated by the Registrar under section 56(1) in place of a designated credit bureau which designation has been cancelled under section 58 or 59.[30B

Amended by7/2018
Section 54 — Moneylenders Act 2008 | laws.sg