Singapore legislation

Clause 31

of Hire-Purchase Bill

Clause 31

Certain payments, etc., not to be treated as deposits for the purposes of this Part

(1)

No deposit —

(a)

to the extent that it is in cash and that it is made out of moneys borrowed directly or indirectly —

(i)

from or through the owner (if the owner is not a banker);

(ii)

from or through an agent or servant of the owner; or

(iii)

from or through any person whose business or part of whose business it is, by agreement with the owner or any person acting on behalf of the owner, to advance money to enable deposits to be paid in respect of hire-purchase agreements with the owner;

(b)

to the extent that, where the deposit is in goods or partly in goods and the amount allowed in respect of the goods is substantially greater than the value of the goods, that amount exceeds that value;

(c)

to the extent that it is made out of an amount allowed or credited in respect of, or by reference to, amounts paid by the hirer as rent or hire under a bailment of the goods before the making of a hire-purchase agreement in respect of the goods; or

(d)

to the extent that it is provided by goods that were, to the knowledge of the owner or dealer, acquired by the hirer for the purpose of being used by the hirer to provide the deposit under the agreement,shall be taken into account for the purpose of determining whether the provisions of section 30 of this Act have been complied with.

(2)

The provisions of this Part of this Act shall be deemed to have been complied with by the owner if a deposit in accordance with such provisions has been obtained by the dealer or an agent or employee of the owner.

(3)

Any person who knowingly enters into, or procures, arranges, or otherwise assists or participates in, a transaction contravening the provisions of this section shall be guilty of an offence under this Act.

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