Singapore legislation

Regulation 10

of Banking (Credit Card and Charge Card) Regulations 2013

Regulation 10

New credit card or charge card

Amended byS 261/2017 wef 01/06/2017

Subregulation 1

Subject to paragraph (2), a card issuer shall not send or give any credit card or charge card to an individual unless the individual has requested for it in a document signed by him.

Subregulation 2

Paragraph (1) shall not apply to the following:

(a)

the sending or giving of a credit card or charge card (referred to in this regulation as a replacement card) by a card issuer to an individual in the renewal or replacement of a credit card or charge card —

(i)

which has been reported as lost or damaged;

(ii)

which has been invalidated on suspicion of any fraud involving the credit card or charge card; or

(iii)

the validity period of which is due to expire,where the replacement card is of the same kind as the credit card or charge card so renewed or replaced;

(b)

the sending or giving of a credit card or charge card (referred to in this regulation as an additional card) by a card issuer to an individual who is already the holder of a credit card or charge card (not being a supplementary credit card or supplementary charge card) issued by the card issuer, if —

(i)

the card issuer discloses to the individual the fees, interest and charges (including late payment charges) and terms of use associated with the additional card;

(ii)

the individual is not liable for any amount charged to the additional card until the individual has communicated his acceptance of the terms of use associated with the additional card to the card issuer in writing;

(iii)

no additional credit is granted in respect of the additional card to the individual over and above the individual’s existing aggregate credit limit; and

(iv)

the conditions set out in sub-paragraphs (ii) and (iii) are communicated to the individual at or before the time of the sending or giving of the additional card;

(c)

the sending or giving of a supplementary credit card or supplementary charge card (referred to in this regulation as an additional supplementary card) to an individual who is already the holder of a supplementary credit card or supplementary charge card issued in respect of the same principal cardholder by the card issuer if —

(i)

the card issuer discloses to the principal and supplementary cardholders the fees, interest and charges (including late payment charges) and terms of use associated with the additional supplementary card;

(ii)

the principal and supplementary cardholders are not liable for any amount charged to the additional supplementary card until both the principal and supplementary cardholders have communicated their acceptance of the terms of use associated with the additional supplementary card to the card issuer in writing;

(iii)

no additional credit is granted in respect of the additional supplementary card to the supplementary cardholder over and above the aggregate of the credit limits of the supplementary credit cards and supplementary charge cards already issued by the card issuer in respect of the same principal cardholder to that supplementary cardholder; and

(iv)

the conditions set out in sub-paragraphs (ii) and (iii) are communicated to the principal and supplementary cardholders at or before the time of sending or giving of the additional supplementary card; or

(d)

the sending or giving of a credit card or charge card (referred to in this regulation as a substitute card) by a card issuer to an individual in substitution for a credit card or charge card for the sole purpose of enhancing the security features of the card substituted, where the substitute card is of the same kind as the card substituted.

Subregulation 3

For the purposes of paragraph (2)(a) and (d), a replacement card or a substitute card shall be treated as being of the same kind as the credit card or charge card being replaced or substituted, as the case may be, if the type, terms of use and branding, and the fees, interest and charges (including late payment charges) relating to the use, of the replacement card or substitute card, as the case may be, are the same as those of the credit card or charge card being replaced or substituted.

Subregulation 4

The card issuer shall, not less than 10 days before the date of the sending or giving of a substitute card referred to in paragraph (2)(d), notify the Authority of the same.

Subregulation 5

Amended byS 261/2017 wef 01/06/2017

Subject to regulation 18C(5), where an individual requests a card issuer for a credit card or a charge card (other than a replacement card, an additional card or a substitute card), the card issuer shall —

(a)

obtain —

(i)

an indication from the individual of his preferred credit limit for that credit card or charge card or his preferred aggregate credit limit, in a document signed by him; or

(ii)

in the case of a guaranteed credit card or guaranteed charge card, indications from both the individual and his guarantor, in documents signed by each of them, of their preferred credit limit for that guaranteed credit card or guaranteed charge card; and

(b)

obtain —

(i)

in the absence of a preferred credit limit or a preferred aggregate credit limit indicated pursuant to sub-paragraph (a)(i), before the credit card or charge card is issued, the consent of the individual in a document signed by him, for the amount of the credit limit or aggregate credit limit to be granted; or

(ii)

in the absence of a preferred credit limit indicated by the individual or the guarantor, as the case may be, pursuant to sub-paragraph (a)(ii), before the guaranteed credit card or guaranteed charge card is issued, the consent of the individual or his guarantor, as the case may be, in a document signed by him, for the amount of the credit limit to be granted.

Subregulation 6

For the purpose of paragraph (5)(b) —

(a)

an individual shall be deemed to have consented to the credit limit or aggregate credit limit granted if he had agreed, in a document signed by him, to a credit limit or aggregate credit limit which was more than what was granted; or

(b)

in the case of a guaranteed credit card or guaranteed charge card —

(i)

an individual shall be deemed to have consented to the credit limit for that guaranteed credit card or guaranteed charge card granted if he had agreed, in a document signed by him, to a credit limit which was more than what was granted; and

(ii)

a guarantor shall be deemed to have consented to the credit limit granted for that guaranteed credit card or guaranteed charge card, if he had agreed, in a document signed by him, to a credit limit which was more than what was granted.

Subregulation 7

Subject to regulation 14, a card issuer shall not, on or after 1st June 2014, issue a credit card or charge card with a credit limit —

(a)

in the case of a credit card or charge card that is not a guaranteed credit card or guaranteed charge card, that is greater than the preferred credit limit or preferred aggregate credit limit, as the case may be, the individual has indicated or consented to pursuant to paragraph (5)(a)(i) or (b)(i), as the case may be; and

(b)

in the case of a guaranteed credit card or guaranteed charge card, that is greater than the lower of the following:

(i)

the preferred credit limit indicated or consented to by the individual pursuant to paragraph (5)(a)(ii) or (b)(ii), as the case may be;

(ii)

the preferred credit limit indicated or consented to by the guarantor pursuant to paragraph (5)(a)(ii) or (b)(ii), as the case may be.

Subregulation 8

Any card issuer which contravenes paragraph (1), (5) or (7) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000.

Subregulation 9

Any card issuer which contravenes paragraph (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.