Banking Act 1970 · 2020 Revised Edition · Part 3 · Licensing of Banks
9A. Capital requirements for qualifying subsidiaries
Feedback & supportLast amended by an amending law of 2020. 2 amendments in all.
Despite section 9, a company incorporated in Singapore which is a qualifying subsidiary may be granted a bank licence under section 7 if its paid‑up capital is at least $100 million.
company
“company” means any company defined in any written law for the time being in force relating to companies, any company formed pursuant to any Royal Charter or Letters Patent, and any company incorporated or registered under any written law in force in Singapore and includes any body corporate or unincorporate, whether incorporated, formed or established in or outside Singapore;
A bank which is a qualifying subsidiary must not reduce its paid‑up capital, or purchase or otherwise acquire shares issued by the bank if such shares are to be held as treasury shares, without the approval of the Authority.
bank
“bank” means any company which holds a valid bank licence under section 7 or 79;
A bank which is a qualifying subsidiary must maintain capital funds of at least $100 million unless the Authority approves otherwise.
qualifying subsidiary
“qualifying subsidiary” means a company which is a subsidiary of a bank incorporated in Singapore where such bank meets the requirements under section 9(1);
Subject to subsection (3B), the paid‑up capital and capital funds of a bank which is a qualifying subsidiary must be denominated in Singapore dollars or any currency approved by the Authority, and must be in ordinary shares.
capital funds
“capital funds” means —(a)in the case of a bank incorporated in Singapore —(i)in sections 31 and 33, its capital used for the purposes of complying with the capital adequacy requirements imposed under section 10; or(ii)in other sections of the Act, the aggregate of its paid‑up capital (excluding any amount represented by treasury shares) and its published reserves (excluding such reserves as the Authority may specify by written notice), deduction having been made for any loss appearing in the accounts of the bank;(b)in the case of a bank incorporated outside Singapore or a merchant bank incorporated outside Singapore, such net head office funds and such other liabilities as the Authority may, by written notice, specify; or(c)in the case of a merchant bank incorporated in Singapore, the aggregate of its paid‑up capital (excluding any amount represented by treasury shares) and its published reserves (excluding any reserves that the Authority may specify by written notice), deduction having been made for any loss appearing in the accounts of the merchant bank;
Any amount of paid-up capital or capital funds of a bank which is a qualifying subsidiary above the amount mentioned in subsection (1), or such other amount as may be prescribed by the Authority in substitution, may be denominated in any currency, and may be in any type of shares.
[Deleted by Act 1 of 2020]
Any bank which fails to comply with any requirement under subsection (3) or (3A) must immediately notify the Authority.
Where a bank fails to comply with any provision of this section or any condition imposed by the Authority under this section, the Authority may, without affecting subsection (6A), by written notice to the bank —
restrict or suspend the operations of the bank; or
give such directions to the bank as it considers appropriate and the bank must comply with such directions.
Any bank which fails to comply with —
subsection (2), (3), (3A) or (5); or
any restriction or suspension imposed by the Authority, or any direction of the Authority, under subsection (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.
In this section, “paid-up capital” does not include any amount that is represented by treasury shares.