Singapore legislation

Clause 106

of Financial Institutions (Miscellaneous Amendments) Bill

Clause 106

Replacement of section 62

In the Trust Companies Act 2005, replace section 62 with —“Duty not to provide false information to Authority62.—

(1)

Any individual who provides the Authority with any information under this Act or relevant to the Authority’s exercise of powers under this Act must use due care to ensure that the information is not false or misleading in any material particular.(2) Any person, other than an individual, who provides the Authority with any information under this Act or relevant to the Authority’s exercise of powers under this Act must use due care to ensure that the information is not false or misleading.(3) Subsection (1) applies only if no other provision of this Act makes it an offence to do the act mentioned in that subsection.(4) Subsection (2) applies only if no other provision of this Act makes it an offence to do the act mentioned in that subsection.(5) Any individual who —

(a)

signs any document lodged with the Authority; or

(b)

lodges with the Authority any document by electronic means using any identification or identifying code, password or other authentication method or procedure assigned to the individual by the Authority,must use due care to ensure that the document is not false or misleading in any material particular.(6) Any person, other than an individual, who —

(a)

signs any document lodged with the Authority; or

(b)

lodges with the Authority any document by electronic means using any identification or identifying code, password or other authentication method or procedure assigned to the person by the Authority,must use due care to ensure that the document is not false or misleading.(7) Any individual who contravenes subsection (1) or (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 2 years or to both.(8) Any person who contravenes subsection (2) or (6) shall be guilty of an offence and shall be liable on conviction —

(a)

if the information or document is false or misleading in a material particular — to a fine not exceeding $25,000; or

(b)

in any other case — to a fine not exceeding $12,500.”.