Singapore legislation

Section 93

of Moneylenders Act 2008

Section 93

Rules

Amended by7/20187/20187/20187/2018

(1)

The Minister may make rules for carrying out the purposes and provisions of this Act.

(2)

Without limiting subsection (1), the Minister may make rules —

(a)

to prescribe the maximum amount that may be lent by a moneylender to a borrower or to any borrower belonging to any class or description of borrowers;

(b)

to prescribe the maximum aggregate amount that may be lent by all moneylenders to a borrower or to any borrower belonging to any class or descriptions of borrowers;

(c)

to prohibit a moneylender from granting to a borrower a loan of an amount that would, together with any other loan granted to the borrower by the moneylender or any other moneylender that remains outstanding, exceed the prescribed maximum aggregate amount that may be lent at any one time by all moneylenders to the borrower or to a class or description of borrowers to which the borrower belongs;

(d)

to prescribe the class or description of borrowers to which a moneylender may grant a loan, or a loan above a specified amount, either generally or in specified circumstances;

(e)

to prescribe the circumstances under which a moneylender is prohibited or restricted from granting a loan to a borrower;

(f)

to regulate the use of advertisements by or on behalf of any moneylender, or any solicitation or canvassing for business by or on behalf of any moneylender;

(g)

to prescribe the types of activities and services that a moneylender may not engage in or provide;

(h)

to specify the places where a moneylender may conduct the business of moneylending;

(i)

to require a moneylender to keep particular accounts or records relating to loans;

(j)

to prescribe the manner in which accounts and records are to be kept and the particulars to be entered therein;

(k)

to regulate the conduct of the business of moneylending, or specific types of moneylending activities or services;

(l)

to provide for the detection and prevention of money laundering or the financing of terrorism, or for the reporting of transactions suspected of involving money laundering or terrorism financing;

(m)

to discharge or facilitate the discharge of any obligation binding on Singapore by virtue of a decision of the Security Council of the United Nations;

(n)

to prescribe the forms for the purposes of this Act;

(o)

to prescribe the fees to be paid in respect of any matter required for the purposes of this Act and the refund and remission, whether wholly or in part, of those fees; and

(p)

to prescribe all matters and things which by this Act are required or permitted to be prescribed or which are necessary or expedient to be prescribed to give effect to this Act.

Amended by7/2018

(3)

Rules made under this section may —

(a)

relate to any moneylender, whether the moneylender is a licensee or is exempted from all or any of the provisions of this Act;

(b)

relate to all or any class or description of moneylenders, borrowers or loans; and

(c)

make different provisions for different classes or descriptions of moneylenders, borrowers or loans.

Amended by7/2018

(4)

Rules made under this section may provide that a contravention of any specified provision of the rules is an offence, and —

(a)

in respect of the rules referred to in subsection (2)(l) or (m), may provide for penalties not exceeding a fine of $100,000; and

(b)

in respect of any other rules, may provide —

(i)

in a case where the offender is an individual, for penalties not exceeding a fine of $20,000 or imprisonment for a term not exceeding 12 months or both for each offence; or

(ii)

in any other case, for penalties not exceeding a fine of $50,000 for each offence.

(5)

Subsection (6) applies where rules prohibit a moneylender from granting to a borrower a loan of an amount that would, together with any other loan granted to the borrower by the moneylender or any other moneylender that remains outstanding, exceed the prescribed maximum aggregate amount that may be lent at any one time by all moneylenders to the borrower or to a class or description of borrowers to which the borrower belongs.

Amended by7/2018

(6)

The aggregate amount of the loans granted to a borrower by one or more moneylenders that is set out in the credit report delivered under section 74(1) or (3) as outstanding is presumed (unless proven otherwise) to be the aggregate amount of the loans granted to a borrower by all moneylenders that is outstanding as at the date the credit report is delivered.[37

Amended by7/2018
Section 93 — Moneylenders Act 2008 | laws.sg