Singapore legislation

Clause 139

of Financial Services and Markets Bill

Clause 139

Holding out as licensee

(1)

A person must not hold himself, herself or itself out as a licensee, unless the person has in force a licence.

(2)

An individual or a partnership must not hold himself, herself or itself (as the case may be) out as carrying on from a place in Singapore a business of providing any type of digital token service outside of Singapore, unless the individual or partnership is a licensee or exempt from section 137(1) under section 189.

(3)

A Singapore corporation must not hold itself out as carrying on a business of providing digital token service outside of Singapore, unless it is a licensee or exempt from section 137(3) under section 189.

(4)

Subsections (2) and (3) do not apply to any person mentioned in section 137(5).

(5)

A person that contravenes subsection (1), (2) or (3) shall be guilty of an offence and shall be liable on conviction —

(a)

in the case of an individual, to a fine not exceeding $125,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $12,500 for every day or part of a day during which the offence continues after conviction; or

(b)

in any other case, 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 of a day during which the offence continues after conviction.

(6)

For the purposes of subsection (3), “Singapore corporation” has the meaning given by section 137(7).