Singapore legislation

Section 58

of Moneylenders Act 2008

Section 58

Cancellation of designation by Registrar

Amended by7/20187/20187/20187/20187/20187/20187/20187/20187/2018

(1)

The Registrar may, by written notice, cancel the designation of the designated credit bureau if —

(a)

the Registrar is not satisfied with —

(i)

the financial standing of the designated credit bureau; or

(ii)

the manner in which the designated credit bureau’s business is being conducted;

(b)

the designated credit bureau is contravening or has contravened any provision of this Part, or any direction or notice issued, or any condition imposed, by the Registrar under this Part;

(c)

it appears to the Registrar that the designated credit bureau is failing or has failed to satisfy any of its obligations under or arising from this Part, or any direction or notice issued, or any condition imposed, by the Registrar under this Part;

(d)

the designated credit bureau has provided to the Registrar any information or document required under this Part that is false or misleading; or

(e)

the designated credit bureau, or any of its officers or employees, has not performed its or the officer’s or employee’s duties under this Part honestly.

Amended by7/2018

(2)

Subject to subsection (3), the Registrar must not cancel the designation of the designated credit bureau without giving the designated credit bureau an opportunity to be heard.

Amended by7/2018

(3)

The Registrar may, without giving the designated credit bureau an opportunity to be heard, cancel the designation of the designated credit bureau in any of the following circumstances:

(a)

the designated credit bureau is insolvent, becomes unable to meet its obligations, or suspends payments;

(b)

the designated credit bureau informs the Registrar that it is or is likely to become insolvent, or that it is or is likely to become unable to meet its obligations, or that it has suspended or is about to suspend payments;

(c)

the Registrar is of the opinion that the designated credit bureau —

(i)

is carrying on its business in a manner likely to be detrimental to the confidentiality, security or integrity of any data held by the designated credit bureau; or

(ii)

is or is likely to become insolvent, is or is likely to become unable to meet its obligations, or is about to suspend payments;

(d)

the designated credit bureau is wound up or otherwise dissolved, whether in Singapore or elsewhere; (e)it appears to the Registrar that it would be contrary to the public interest for the designated credit bureau to continue its operations.

Amended by7/2018

(4)

The cancellation of the designation of a designated credit bureau takes effect on the date specified by the Registrar in the written notice mentioned in subsection (1), being a date not earlier than the date that the notice is served on the designated credit bureau.

Amended by7/2018

(5)

Despite subsection (4), if the Registrar is of the view that it is necessary —

(a)

for the cancellation of the designation of the designated credit bureau to take effect on a later date, pending the designation of a subsequent designated credit bureau; or

(b)

for the cancellation of the designation of the designated credit bureau to take effect on an earlier date so that a subsequent designated credit bureau can be designated,the Registrar may, by a further written notice to the designated credit bureau, specify a different date (being a date not earlier than the date that the further notice is served on the designated credit bureau) on which the cancellation of the designation is to take effect, and the cancellation takes effect on the date specified in the further notice.

Amended by7/2018

(6)

Notice of the cancellation of the designation must be published in the Gazette.

Amended by7/2018

(7)

If the designated credit bureau or former designated credit bureau is aggrieved by the Registrar’s decision under subsection (1) or (3), the designated credit bureau or former designated credit bureau may appeal in writing to the Minister within 14 days after the written notice mentioned under subsection (1) or (5) is served.

Amended by7/2018

(8)

Despite the lodging of an appeal under subsection (7), the cancellation of the designation takes effect —

(a)

on the date stated in the written notice under subsection (1); or

(b)

if a further written notice mentioned in subsection (5) is served, on the date specified in that notice,unless the cancellation of the designation is withdrawn by the Registrar before the date mentioned in paragraph (a) or (b), whichever is applicable.

Amended by7/2018

(9)

The Minister’s decision on an appeal lodged under subsection (7) is final.[30F

Amended by7/2018
Section 58 — Moneylenders Act 2008 | laws.sg