Singapore legislation

Clause 58

of Banking (Amendment) Bill

Clause 58

Savings and transitional provisions for amendments to section 32 of Banking Act

(1)

An approval —

(a)

granted under section 32 of the Banking Act before the commencement date; and

(b)

in force immediately before that date,is treated as an approval granted under the amended section 32 of the Banking Act, and is subject to all the conditions which it was subject to immediately before that date.

(2)

If on the day immediately before the commencement date —

(a)

a bank in Singapore held, directly or indirectly, a major stake in an entity other than a company; and

(b)

the entity only carried on, whether in Singapore or elsewhere, one or more of the businesses mentioned in section 30(1)(a) to (d) of the Banking Act,then, so long as the entity only carries on one or more of those businesses on or after that date, the amended section 32 of the Banking Act does not apply to the continued holding of such major stake in the entity, or the acquisition or holding, directly or indirectly, of any other major stake in the entity, by the bank in Singapore on or after that date.

(3)

If on the day immediately before the commencement date —

(a)

a bank in Singapore held, directly or indirectly, a major stake in an entity other than a company; and

(b)

the entity carried on, whether in Singapore or elsewhere (and whether as its principal business or otherwise), any business other than the businesses mentioned in section 30(1)(a) to (d) of the Banking Act,then the amended section 32 of the Banking Act does not apply to the continued holding of such major stake by the bank in Singapore on or after that date for the period mentioned in subsection (4).

(4)

In subsection (3), the period is —

(a)

3 months after the commencement date; or

(b)

if, before the expiry of the period in paragraph (a), the bank in Singapore applies for approval under the amended section 32 of the Banking Act for the holding of that major stake —

(i)

until the date the approval is given; or

(ii)

if the application is refused, 12 months, or such longer period as the Authority may specially allow, after the date the application is refused.

(5)

In this section —

Definition

“amended section 32 of the Banking Act” means section 32 of the Banking Act as amended by section 20 of the Banking (Amendment) Act 2016;

Definition

“commencement date” means the date of commencement of section 20 of the Banking (Amendment) Act 2016.

Clause 58 — Banking (Amendment) Bill | laws.sg