Singapore legislation

Clause 35

of Drug Trafficking (Confiscation of Benefits) Bill

Clause 35

Interpretation

In this Division —“customer generated financial transaction document”, in relation to a financial institution, means a financial transaction document of the institution —

(a)

that relates to —

(i)

the opening or closing by a person of an account with the institution;

(ii)

the operation by a person of an account with the institution;

(iii)

the opening or use by a person of a deposit box held by the institution;

(iv)

the telegraphic or electronic transfer of funds by the institution on behalf of a person to another person;

(v)

the transmission of funds between Singapore and a foreign country or between foreign countries on behalf of a person; or

(vi)

an application by a person for a loan from the institution (where a loan is made to the person pursuant to the application); and

(b)

that is given to the institution by or on behalf of the person (whether or not the document is signed by or on behalf of the person);“essential customer generated financial transaction document”, in relation to a financial institution, means a customer generated financial transaction document other than a document that relates to the operation of an account held with the institution;“financial transaction document”, in relation to a financial institution, means any document that relates to a financial transaction carried out by the institution in its capacity as a financial institution and, without limiting the generality of this, includes a document relating to —

(a)

the opening, operating or closing of an account held with the institution; and

(b)

the opening or use of a deposit box held by the institution,but does not include a cheque or payment order;“minimum retention period”, in relation to a financial transaction document of a financial institution, means —

(a)

if the document relates to the opening of an account with the institution, the period of 6 years after the day on which the account is closed;

(b)

if the document relates to the opening by a person of a deposit box held by the institution, the period of 6 years after the day on which the deposit box ceases to be used by the person; or

(c)

in any other case, the period of 6 years after the day on which the transaction takes place.

Definition

“customer generated financial transaction document”, in relation to a financial institution, means a financial transaction document of the institution —

(a)

that relates to —

(i)

the opening or closing by a person of an account with the institution;

(ii)

the operation by a person of an account with the institution;

(iii)

the opening or use by a person of a deposit box held by the institution;

(iv)

the telegraphic or electronic transfer of funds by the institution on behalf of a person to another person;

(v)

the transmission of funds between Singapore and a foreign country or between foreign countries on behalf of a person; or

(vi)

an application by a person for a loan from the institution (where a loan is made to the person pursuant to the application); and

(b)

that is given to the institution by or on behalf of the person (whether or not the document is signed by or on behalf of the person);

Definition

“essential customer generated financial transaction document”, in relation to a financial institution, means a customer generated financial transaction document other than a document that relates to the operation of an account held with the institution;

Definition

“financial transaction document”, in relation to a financial institution, means any document that relates to a financial transaction carried out by the institution in its capacity as a financial institution and, without limiting the generality of this, includes a document relating to —

(a)

the opening, operating or closing of an account held with the institution; and

(b)

the opening or use of a deposit box held by the institution,but does not include a cheque or payment order;

Definition

“minimum retention period”, in relation to a financial transaction document of a financial institution, means —

(a)

if the document relates to the opening of an account with the institution, the period of 6 years after the day on which the account is closed;

(b)

if the document relates to the opening by a person of a deposit box held by the institution, the period of 6 years after the day on which the deposit box ceases to be used by the person; or

(c)

in any other case, the period of 6 years after the day on which the transaction takes place.