Singapore legislation
Clause 33
Clause 33
Repeal and re-enactment of section 40
Section 40 of the Banking Act is repealed and the following section substituted therefor:“Asset maintenance requirement40.—
The Authority may, from time to time, by notice in writing to any bank in Singapore, or any class of banks in Singapore, require the bank or banks to maintain and hold such minimum amount or amounts of assets in Singapore as may be specified in the notice for the purpose of meeting its or their liabilities.(2) Without prejudice to the generality of subsection (1), the Authority may, in a notice issued under that subsection, specify —
the types of liabilities in respect of which assets are to be maintained and held in Singapore;
the types of assets that are to be treated as assets maintained and held in Singapore and the minimum amount or amounts in respect of each asset for the purpose of any requirement of the Authority under that subsection; and
the method for the valuation of assets maintained and held in Singapore, including any deductions to be made in respect of the assets.(3) Where the Authority issues a notice under subsection (1) to a class of banks, the Authority may require different banks within the class of banks to maintain and hold different minimum amount or amounts of assets in Singapore, having regard to the financial soundness of each bank, the risk profile of each bank and such other factors as the Authority may consider relevant.(4) Any bank which fails to comply with any requirement of the Authority under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $250,000 and, in the case of a continuing offence, to a further fine not exceeding $25,000 for every day or part thereof during which the offence continues after conviction.”.