Singapore legislation

Clause 2

of Pawnbrokers Bill

Clause 2

General interpretation

(1)

In this Act, unless the context otherwise requires —

Definition

“company” means a company limited by shares under the Companies Act (Cap. 50);

Definition

“identification information” means —

(a)

in relation to an individual —

(i)

the individual’s full name (including any alias);

(ii)

the individual’s address in Singapore for the service of any notice or document for the purposes of this Act;

(iii)

the individual’s country of citizenship;

(iv)

if the individual is a citizen or permanent resident of Singapore, the individual’s Singapore identity card number;

(v)

if the individual is not a citizen or permanent resident of Singapore, the individual’s foreign passport number; and

(vi)

where provided by the individual, the individual’s telephone number or email address (or any other means by which the individual can be contacted); or

(b)

in relation to an entity —

(i)

its full name;

(ii)

the address of its registered office or place of business in Singapore;

(iii)

its legal form;

(iv)

its place of incorporation or registration;

(v)

if it is incorporated or registered in Singapore, its unique entity number;

(vi)

if it is not incorporated or registered in Singapore, its foreign incorporation or registration number; and

(vii)

where provided by the entity, its telephone number or email address (or any other means by which it can be contacted);

Definition

“licence” means a licence for pawnbroking granted or renewed under this Act;

Definition

“licensed place of business” means a place specified in a licence as a place at which a licensee can carry on the business of pawnbroking;

Definition

“licensee” means a person holding a licence, and includes a person whose licence is suspended;

Definition

“limited liability partnership” has the same meaning as in section 2(1) of the Limited Liability Partnerships Act (Cap. 163A);

Definition

“loan agreement” means an agreement for the loan of money on the security of a pledge;

Definition

“manager”, in relation to a pawnbroker, means a person (including a director of the pawnbroker) responsible for managing the whole or any part of the pawnbroker’s business of pawnbroking;

Definition

“Monetary Authority of Singapore” means the Monetary Authority of Singapore established under section 3 of the Monetary Authority of Singapore Act (Cap. 186);

Definition

“profit”, in relation to a loan secured by a pledge, includes interest on the loan;

Definition

“redemption period”, in relation to a pledge, is to be reckoned in accordance with section 54(2) and (3);

Definition

“Registrar” means the Registrar of Pawnbrokers appointed under section 5, and includes any Deputy Registrar of Pawnbrokers or Assistant Registrar of Pawnbrokers exercising the functions of the Registrar;

Definition

“repealed Act” means the repealed Pawnbrokers Act (Cap. 222, 1994 Ed.) in force immediately before the date of commencement of this Act;

Definition

“sell” includes agree to sell;

Definition

“substantial shareholder”, in relation to a company, has the same meaning as in section 81 of the Companies Act.

(2)

For the purposes of this Act —

(a)

an entity is a disqualified person if —

(i)

it has been convicted of an offence under this Act or the repealed Act;

(ii)

it has contravened a provision of this Act or the repealed Act;

(iii)

it has been convicted of any offence under sections 43 to 48 of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap. 65A), the Terrorism (Suppression of Financing) Act (Cap. 325) or any regulations made under the United Nations Act (Cap. 339);

(iv)

it has been convicted in Singapore or elsewhere of an offence involving fraud or dishonesty, or a finding of fraud or dishonesty;

(v)

it is a company and has been ordered to be wound up or liquidated under the Companies Act; or

(vi)

it has been ordered to be dissolved under any written law; and

(b)

an individual is a disqualified person if —

(i)

the individual has been convicted of an offence under this Act or the repealed Act;

(ii)

the individual has contravened a provision of this Act or the repealed Act;

(iii)

the individual has been convicted of any offence under sections 43 to 48 of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act, the Terrorism (Suppression of Financing) Act or any regulations made under the United Nations Act;

(iv)

the individual has been convicted in Singapore or elsewhere of an offence involving fraud or dishonesty, or a finding of fraud or dishonesty;

(v)

the individual is or was a director or substantial shareholder of an entity and, in such capacity, consented to or connived in the commission by the entity of an offence under this Act or the repealed Act; or

(vi)

the individual is an undischarged bankrupt.

Clause 2 — Pawnbrokers Bill | laws.sg