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In forceAmended2020 Revised Edition

Part 7 · Powers of Control Over Banks, Etc.

53A. Appointment of chief executive officer and other persons

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Amended

Last amended by an amending law of 2016.

(1)

A bank incorporated in Singapore must obtain the prior approval of the Authority for the appointment of any of the following:

(a)

all directors;

(b)

the chairperson of the board of directors;

(c)

the chief executive officer and the deputy chief executive officer;

(d)

a person holding such appointment in the bank as may be prescribed.

(2)

A bank incorporated outside Singapore must obtain the prior approval of the Authority for the appointment of the following persons for its bank in Singapore:

(a)

the chief executive officer and the deputy chief executive officer;

(b)

a person holding such appointment in the bank as may be prescribed.

(3)

Without affecting any other matter that the Authority may consider relevant, the Authority, in determining whether to grant its approval under subsection (1) or (2), must have regard to whether the person is a fit and proper person to hold the office or appointment in accordance with the Guidelines on Fit and Proper Criteria.

(4)

The Authority may —

(a)

grant its approval under subsection (1) or (2), with or without conditions; and

(b)

at any time vary or revoke any existing condition or impose conditions or additional conditions.

(5)

Without limiting section 78, the Authority may prescribe —

(a)

the duties of a person appointed under subsection (1) or (2); and

(b)

the maximum term for which a person appointed under subsection (1) or (2) may hold such office or appointment.

(6)

A bank incorporated in Singapore must immediately inform the Authority after the bank becomes aware that a person who holds an office or appointment mentioned in subsection (1) is, in accordance with the Guidelines on Fit and Proper Criteria, no longer a fit and proper person to hold that office or appointment.

(7)

A bank incorporated outside Singapore must immediately inform the Authority after the bank becomes aware that a person who holds an office or appointment mentioned in subsection (2) is, in accordance with the Guidelines on Fit and Proper Criteria, no longer a fit and proper person to hold that office or appointment.

(8)

Any bank which contravenes subsection (1) or (2), or fails to comply with any condition imposed by the Authority under subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.

(9)

Any bank which contravenes subsection (6) or (7) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $250,000.

Report

Part 7A

Transfer of Business

Part 7B

Merchant Banks

Part 8

Credit Card and Charge Card Businesses

Part 9

Miscellaneous

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