Singapore legislation
Section 39A
Section 39A
Use of minimum cash balances in liquidity stress situation
(1)
Despite section 39 but subject to subsection (6), a bank may utilise its minimum cash balances, if the bank —
is in a liquidity stress situation;
is solvent immediately before, and will remain solvent after, the utilisation of its minimum cash balances; and
is permitted by a notice under subsection (2) to utilise its minimum cash balances.
(2)
The Authority may, by written notice to any bank in Singapore or class of banks in Singapore, permit the bank or a bank within the class to use its minimum cash balances in the event that it is in a liquidity stress situation.
(3)
When deciding whether to issue a notice under subsection (2) to a bank or class of banks, the Authority may have regard to —
the risks arising from the activities of the bank or class of banks; and
such other factors as the Authority considers relevant.
(4)
The Authority may in a notice under subsection (2) impose on the bank or a bank within the class requirements in relation to the utilisation by the bank of its minimum cash balances, including —
the procedures which the bank must comply with before or after utilising, or during the utilisation of, its minimum cash balances; and
the manner in which the bank may utilise its minimum cash balances.
(5)
A bank that has purportedly used its minimum cash balances in a liquidity stress situation must, within such time as may be specified by the Authority, provide such information as the Authority may require concerning —
the liquidity stress situation and the utilisation of its minimum cash balances; or
the bank’s compliance with any requirement imposed under subsection (4).
(6)
Where the Authority is of the opinion that —
a bank that has used or is about to use its minimum cash balance —
is not in a liquidity stress situation;
has failed to comply with any requirement imposed under subsection (4); or
is or is likely to become insolvent or unable to meet its obligations, or is about to suspend payments; or
it is otherwise in the public interest to do so,the Authority may by written notice to the bank direct the bank to do the applicable act or acts mentioned in subsection (7).
(7)
For the purposes of subsection (6), the acts are —
if the bank has already utilised its minimum cash balances, to comply with any requirement imposed under section 39(1) within such time as may be specified by the Authority in the notice; or
if the bank has not utilised or has not fully utilised its minimum cash balances, one or more of the following:
not to use the bank’s minimum cash balances;
to stop utilising the bank’s minimum cash balances;
to comply with any requirement imposed under section 39(1) within such time as may be specified by the Authority in the notice under subsection (6).
(8)
A bank which fails to comply with any direction or requirement of the Authority under subsection (4), (5) or (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $250,000 and, in the case of a continuing offence, to a further fine not exceeding $25,000 for every day or part of a day during which the offence continues after conviction.
(9)
In this section —
Definition
“liquidity stress situation” has the meaning given to it in the Fifth Schedule;
Definition
“minimum cash balances”, in relation to a bank, means its minimum cash balances maintained on deposit with the Authority under section 39.