Singapore legislation

Regulation 14

of Banking (Corporate Governance) Regulations 2005

Regulation 14

Determination of independence of directors and assessment of qualification

Amended byS 754/2010 wef 09/12/2010S 754/2010 wef 09/12/2010S 754/2010 wef 09/12/2010

Subregulation 1

Amended byS 754/2010 wef 09/12/2010

Where a person is proposed to be appointed as a director, prior to his appointment, the Nominating Committee —

(a)

shall determine —

(i)

whether he is independent from management and business relationships with the bank; and

(ii)

whether he is independent from any substantial shareholder of the bank, using the criteria set out in regulation 6 or 7, as the case may be, and, where applicable, in accordance with regulation 8; and

(b)

shall maintain a record of its determination.

Subregulation 2

Amended byS 754/2010 wef 09/12/2010S 754/2010 wef 09/12/2010

Prior to every annual general meeting of a bank incorporated in Singapore, the Nominating Committee —

(a)

shall determine —

(i)

whether each existing director is independent from management and business relationships with the bank; and

(ii)

whether each existing director is independent from any substantial shareholder of the bank,using the criteria set out in regulation 6 or 7, as the case may be, and, where applicable, in accordance with regulation 8; (aa)shall review and assess whether each existing director remains qualified for the office using the criteria set out in regulation 13(3); and

(b)

shall maintain a record of its determination and its assessment, respectively.