Singapore legislation

Section 40

of Banking Act 1970

Section 40

Asset maintenance requirement

Amended by5/20165/2016

(1)

The Authority may, from time to time, by written notice to any bank in Singapore or any class of banks in Singapore, impose requirements in relation to the minimum amount or amounts of assets in Singapore that the bank or each bank in the class is to hold, for the purpose of meeting its liabilities.

Amended by5/2016

(2)

Without limiting subsection (1), the Authority may, in a notice issued under that subsection, specify —

(a)

the types of liabilities in respect of which assets are to be maintained and held in Singapore;

(b)

the types of assets that are to be treated as assets maintained and held in Singapore and the minimum amount or amounts in respect of each asset for the purpose of any requirement of the Authority under that subsection; and

(c)

the method for the valuation of assets maintained and held in Singapore, including any deductions to be made in respect of the assets.

(3)

Where the Authority issues a notice under subsection (1) to a class of banks, the Authority may impose different requirements on different banks, having regard to the financial soundness of each bank, the risk profile of each bank, and such other factors as the Authority may consider relevant.

Amended by5/2016

(4)

Any bank which fails to comply with any requirement of the Authority under subsection (1) 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.

Section 40 — Banking Act 1970 | laws.sg