Singapore legislation
Regulation 18
Regulation 18
Offences, penalties and defences
Subregulation 1
Any person who contravenes regulation 16 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 and, in the case of a continuing offence, to a further fine of $2,500 for every day or part thereof during which the offence continues after conviction.
Subregulation 2
A qualified major stake entity of a bank shall not be guilty of an offence in respect of a contravention of regulation 16(1), (2) or (3) if the qualified major stake entity proves that —
it became a qualified major stake entity of the bank by virtue of, or the contravention resulted from, circumstances beyond its control; or
it had, at the time of its acquisition or holding of shares in the bank or any holding company of the bank, reasonable grounds for believing that such acquisition or holding would not result in a contravention of regulation 16(1), (2) or (3), as the case may be,and it had, within 14 days of becoming aware of the contravention, notified the Authority in writing of the contravention and taken such action as directed by the Authority within such time as may be determined by the Authority.
Subregulation 3
A bank shall not be guilty of an offence in respect of a contravention of regulation 16(4) if the bank proves that —
the contravention resulted from circumstances beyond its control; or
it did not know and had no reason to suspect that there was an acquisition or holding of shares in itself or any of its holding companies by its qualified major stake entity or entities which would result in it being in contravention of regulation 16(4),and it had, within 14 days of becoming aware of the contravention, notified the Authority in writing of that contravention, and taken such action as directed by the Authority within such time as may be determined by the Authority.
Subregulation 4
Except as provided in paragraphs (2) and (3), it shall not be a defence for a person charged with an offence in respect of a contravention of regulation 16 to prove that the person did not intend to or did not knowingly contravene regulation 16.