Debt Collection Bill

on behalf of another person; or

where the firstmentioned person has acquired the debt;

a corporation registered under section 19 of the Companies Act 1967;

a sole proprietorship or partnership registered under the Business Names Registration Act 2014;

a limited liability partnership registered under the Limited Liability Partnerships Act 2005;

a limited partnership registered under the Limited Partnerships Act 2008;

an entity having a business or corporate structure as may be prescribed;

where the entity is a corporation —

a member of the board of directors or committee or board of trustees or other governing board of the corporation; or

an individual for the time being holding the office of chairperson or chief executive officer of the corporation;

where the entity is a sole proprietorship — the sole proprietor;

where the entity is a partnership or limited partnership — a partner of the partnership or limited partnership, as the case may be;

where the entity is a limited liability partnership — a partner or manager of the limited liability partnership;

any person, other than a person mentioned in paragraph (a), (b), (c) or (d), by whatever name called, who is principally responsible for the management and conduct of the entity’s business activities;

any Ministry, department of the Government or Organ of State; or

any body established or constituted by or under any public Act to perform a public function;

is in the direct employment of, or acting for or by arrangement with, A; and

is authorised to carry out any debt collection activity for or on behalf of A.

a licensee is not regarded as being granted a licence to carry on a debt collection business or to carry out any debt collection activity in the course of the business, during the period the licensee’s licence is suspended under section 22(2)(b) or 24(2);

a class licensee is not regarded as authorised under a class licence to carry out any debt collection activity to collect any debt that is owed to the class licensee in the course of the regulated business carried on by the class licensee, during the period the application of the class licence to that class licensee is suspended under section 22(2)(b) or 24(2); and

a licensee and an individual to whom approval is granted by the Licensing Officer under section 20 for the individual to be deployed as a debt collector of the licensee, are not regarded as being so approved during the period the approval is suspended under section 25(2)(c) or 27(2).

a public officer as the Licensing Officer; and

any number of public officers as Assistant Licensing Officers that the Minister considers necessary.

is at least 18 years of age;

is not an employee of a public authority;

is not a public officer; and

has suitable qualifications or experience,to be a compliance officer to assist the Licensing Officer or an authorised officer in the exercise of enforcement powers in Division 3 of Part 4 in any particular area in Singapore.

limit the powers mentioned in subsection (1) that the compliance officer may exercise;

limit when, and where in the particular area in Singapore, the compliance officer may exercise those powers or any of them;

limit the circumstances in which the compliance officer may exercise those powers or any of them.

to detain or arrest any individual;

to search any place or individual; or

to seize any property.

on production of the identification card issued under subsection (3);

to the extent authorised by the Licensing Officer under subsection (5); and

as directed (generally or specially) by the Licensing Officer or an authorised officer.

to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both; but(b)where the person is a repeat offender — to a fine of not less than $20,000 and not more than $100,000 or to imprisonment for a term not exceeding 5 years or to both.

be in the form and manner required by the Licensing Officer;

be accompanied by a non-refundable application fee (if prescribed) paid in the manner required by the Licensing Officer; and

be accompanied by any information that the Licensing Officer requires to decide on the application.

be made not later than the prescribed time before the date the licence expires (called in this subsection the renewal deadline); and

if made later than the renewal deadline, be accompanied by a non‑refundable late renewal application fee (if prescribed) paid in the manner required by the Licensing Officer.

carry out any inquiry or investigation in relation to an application under subsection (1) that is necessary for a proper consideration by the Licensing Officer of the application; and

request that the applicant provide, within a specified time, any additional information that the Licensing Officer requires for a proper consideration of the application.

that is incomplete or otherwise not made in accordance with this section; or

if the applicant fails to provide the additional information requested under subsection (4)(b).

on payment of a licence fee or renewal fee (if prescribed), grant or renew the licence, as the case may be; or

refuse (without compensation) to grant or renew the licence, as the case may be.

the applicant is not a fit and proper person to hold a licence; or

a key appointment holder of the applicant is not a fit and proper person to act in that capacity.

an applicant is a fit and proper person to hold a licence; or

a key appointment holder of an applicant is a fit and proper person to act in that capacity,the Licensing Officer may have regard to, and give any weight that the Licensing Officer considers appropriate to, any criteria and requirements that are prescribed.

conditions generally applicable to all licences;

conditions specifically applicable to a class of licences; or

conditions specifically applicable to a particular licence.

requiring the licensee to put in place measures to ensure that every debt collector of the licensee carries out any debt collection activity in compliance with —

all the conditions of the approval granted under section 20 for the debt collector to be deployed as a debt collector of the licensee;

all the codes of practice that are applicable to the licensee; and

this Act and any other written law, including the Penal Code 1871 and the Protection from Harassment Act 2014; and

requiring the licensee to undergo and pass any audit that the Licensing Officer may determine for compliance with —

the provisions of this Act;

the conditions of the licence or any approval granted under section 20 for an individual to be deployed as a debt collector of the licensee;

the codes of practice that are applicable to the licensee; and

any direction given by the Licensing Officer under section 11(4), 21(6), 22(2)(a), 25(2)(b) or 26(5).

the audit may be conducted only by —

an authorised officer; or

any qualified individual or qualified audit team that may be approved by the Licensing Officer for that purpose; and

the Licensing Officer may require the licensee to submit to the Licensing Officer or to the persons conducting the audit any information that the Licensing Officer may specify which pertains to the licensee.

stating that the Licensing Officer intends to make the modification in the manner as specified in the notice; and

specifying the time (being at least 14 days after the date of service of the notice on the licensee) within which the licensee may make written representations to the Licensing Officer with respect to the proposed modification.

reject the representation;

amend the proposed modification in any manner that the Licensing Officer thinks fit having regard to the representation; or

withdraw the proposed modification.

the Licensing Officer rejects any written representation under subsection (3)(a);

the Licensing Officer amends any proposed modification to the conditions of the licence under subsection (3)(b); or

no representation is received by the Licensing Officer within the time specified in subsection (2)(b), or any representation made under that provision is subsequently withdrawn, and the licensee has not given immediate effect to the modification,the Licensing Officer must issue a direction in writing to the licensee in question requiring the licensee, within the time specified by the Licensing Officer, to give effect to the modification as specified in the notice under subsection (2) or as amended by the Licensing Officer, as the case may be.

when the licensee ceases to exist; or

if the licensee is a sole proprietorship of which the sole proprietor is an individual — on the death of the sole proprietor.

for a specified period or indefinitely, or to an extent specified in that order; and

subject to the conditions as may be specified in that order.

restricting the manner or method by which a class licensee collects, or attempts to collect, any debt;

prohibiting a class licensee from collecting or attempting to collect any debt from any person unless the class licensee has first ascertained that the person is the debtor of the debt;

requiring a class licensee to only deploy employees of the class licensee as the class licensee’s debt collectors;

requiring a class licensee to put in place measures to ensure that every debt collector of the class licensee carries out any debt collection activity in compliance with —

all the conditions of the applicable class licence;

all the codes of practice that are applicable to the class licensee; and

this Act and any other written law, including the Penal Code 1871 and the Protection from Harassment Act 2014;

restricting a class licensee from continuing to deploy an employee as the class licensee’s debt collector, if the employee had previously failed to conduct any debt collection activity in compliance with —

all the conditions of the class licence that are applicable to the class licensee;

all the codes of practice that are applicable to the class licensee; or

this Act or any other written law, including the Penal Code 1871 and the Protection from Harassment Act 2014; and

prohibiting a class licensee from collecting debts which are not owed to the class licensee.

varying or revoking any condition specified in the class licence; or

specifying additional conditions of the class licence.

states that the Minister proposes to vary the class licence or to end the class licence;

describes the proposed variation or ending; and

invites interested persons to make representations about the proposed variation or ending by a specified date that is at least one month after the date of publication of the notice.

issue one or more codes of practice applicable to all licensees or class licensees or a specified class of licensees or class licensees;

approve as a code of practice applicable to all licensees or class licensees or a specified class of licensees or class licensees any document prepared by a person other than the Licensing Officer, as in force at a particular time or as amended from time to time, if the Licensing Officer considers the document suitable for this purpose; or

amend or revoke any code of practice issued under paragraph (a) or approved under paragraph (b).

the conduct, duties and responsibilities of a licensee;

the conduct, duties and responsibilities of a class licensee;

the management, administration and operation of debt collection businesses; and

the manner in which debt collection activities are to be carried out.

is to have effect subject to this Act; or

having regard to this Act, is not to have effect.

publish a notice of the issue, approval, amendment or revocation (as the case may be) of the code of practice on the prescribed website or in one or more other forms that are readily accessible by the public;

specify in the notice mentioned in paragraph (a), the date of the issue, approval, amendment or revocation, as the case may be; and

ensure that, so long as the code of practice remains in force, copies of that code of practice are available for inspection, free of charge, by licensees or class licensees to whom the code of practice applies.

the person is a licensee which is approved to deploy the individual as the licensee’s debt collector under section 20; or

the person is the individual’s employer and is an excluded person.

the person is the individual’s employer and is a class licensee; and

the individual is deployed by the person as the person’s debt collector in respect of a debt that the person is authorised to collect under a class licence that is applicable to the person.

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; but(b)where the individual is a repeat offender — to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; but(b)where the licensee is a repeat offender — to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.

the Licensing Officer may grant approval for an individual to be deployed as a debt collector of 2 or more licensees; but(b)each of the licensees mentioned in paragraph (a) must (jointly with the individual) make a separate application under subsection (1) for the Licensing Officer’s approval for the individual to be deployed as a debt collector of that licensee.

be in the form and manner required by the Licensing Officer;

be accompanied by a non-refundable application fee (if prescribed) paid in the manner required by the Licensing Officer; and

be accompanied by any information the Licensing Officer requires to determine the application.

carry out any inquiry or investigation in relation to an application under subsection (1) that is necessary for a proper consideration by the Licensing Officer of the application; and

request that the applicants provide, within a specified time, any additional information that the Licensing Officer requires for a proper consideration of the application.

that is incomplete or otherwise not made in accordance with this section; or

if the applicants fail to provide the additional information requested under subsection (4)(b).

on payment of a fee (if prescribed), grant the approval; or

refuse (without compensation) to grant the approval.

requiring the licensee or the individual (or both) to notify the Licensing Officer of any change in the particulars of the individual in respect of whom the approval is granted; and

requiring the licensee to take reasonable steps to ensure that the individual carries out any debt collection activity in compliance with one or more other conditions imposed under subsection (1).

stating that the Licensing Officer intends to make the modification in the manner specified in the notice; and

specifying the time (being at least 14 days after the date of service of the notice on the licensee and the individual or (where the notices are served on the licensee and the individual on different dates) on the later of those dates) within which the licensee and the individual may make their written representations to the Licensing Officer with respect to the proposed modification.

reject the representation;

amend the proposed modification in any manner that the Licensing Officer thinks fit having regard to the representation; or

withdraw the proposed modification.

the Licensing Officer rejects any written representation under subsection (5)(a);

the Licensing Officer amends any proposed modification to the conditions of the approval under subsection (5)(b); or

no representation is received by the Licensing Officer within the time specified in subsection (4)(b), or any representation made under that provision is subsequently withdrawn, and the licensee or the individual, or both (as the case may be) have not given immediate effect to the modification,the Licensing Officer must issue a direction in writing to the licensee, or the individual, or both (as the case may be) requiring the licensee or the individual, or both (as the case may be), within the time specified by the Licensing Officer, to give effect to the modification as specified in the notice under subsection (4) or as amended by the Licensing Officer, as the case may be.

a licensee or class licensee has contravened or not complied with —

any condition of its licence or class licence;

any provision of this Act applicable to the licensee or class licensee, the contravention of or non‑compliance with which is not an offence under this Act;

any provision of a code of practice applicable to the licensee or class licensee;

in the case of the licensee — any direction given to the licensee under subsection (2)(a) or section 11(4), 21(6), 25(2)(b) or 26(5); or

in the case of a class licensee — any direction given to the class licensee under subsection (2)(a);

a licensee or class licensee has gone or is likely to go into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction;

a licensee or class licensee has made any assignment to, or composition with, its creditors or, if a corporation or limited liability partnership, is unable to pay its debts;

a licensee or class licensee has been convicted of any of the following offences that is committed during the term of the licence or class licence, as the case may be:

an offence under this Act;

an offence, whether in Singapore or elsewhere, involving dishonesty or the conviction for which involved a finding that the licensee or class licensee had acted dishonestly;

an offence specified in the Second Schedule;

the licence of a licensee had been obtained by fraud or misrepresentation;

a licensee is no longer a fit and proper person to hold a licence, having regard to the criteria or requirements mentioned in section 8(3) or the matter or evidence mentioned in section 8(4);

a key appointment holder of a licensee is no longer a fit and proper person to act in that capacity, having regard to the criteria or requirements mentioned in section 8(3) or the matter or evidence mentioned in section 8(4);

a licensee has ceased to carry on the debt collection business; or

the public interest so requires,the Licensing Officer may (without any compensation) revoke the licensee’s licence or disapply the class licence with respect to that class licensee.

direct the licensee or class licensee to do, or to refrain from doing, the things that are specified in a direction to rectify any contravention or non-compliance mentioned in subsection (1)(a);

suspend the licence or application of the class licence with respect to the class licensee for not more than 6 months;

in the case of a licensee — modify any condition of the licence.

a corporation is unable to pay its debts if it is deemed to be so unable under section 125(2) of the Insolvency, Restructuring and Dissolution Act 2018; and

a limited liability partnership is unable to pay its debts if it is deemed to be so unable under paragraph 3(2) of the Fifth Schedule to the Limited Liability Partnerships Act 2005.

stating that the Licensing Officer intends to take regulatory action against the licensee or class licensee;

specifying the type of regulatory action in section 22(1) or (2) the Licensing Officer proposes to take, and the ground for taking the regulatory action; and

specifying the time (being at least 14 days after the date the written notice is served on the licensee or class licensee) within which written representations may be made to the Licensing Officer with respect to the proposed regulatory action.

after considering any written representation made to him or her pursuant to the written notice mentioned in subsection (1); or

after the time delimited in the written notice under subsection (1)(c) lapses, where no representation is so made or any representation made is subsequently withdrawn.

the enforcement by any person of any right or claim against the licensee or class licensee or the former licensee or former class licensee, as the case may be; or

the enforcement by the licensee or class licensee or the former licensee or former class licensee (as the case may be) of any right or claim against any person.

a licensee or class licensee is subject to criminal proceedings in respect of —

an offence under this Act;

an offence, whether in Singapore or elsewhere, involving dishonesty or the conviction for which involved a finding that the licensee or class licensee (as the case may be) had acted dishonestly; or

an offence specified in the Second Schedule; and

the Licensing Officer is of the opinion that it is undesirable in the public interest for the licensee to carry on a debt collection business or the class licensee to carry out any debt collection activity mentioned in section 6(2), as the case may be,and this section applies despite section 23.

in the case of a licensee — serve on the licensee a notice of immediate suspension of the licensee’s licence; or

in the case of a class licensee — serve on the class licensee a notice of immediate suspension of application of the relevant class licence with respect to the class licensee,which takes immediate effect and remains in force until the Licensing Officer makes an order under subsection (5)(a) or any appeal to the Minister under section 37 against an order under subsection (5)(b) is determined.

rescind the immediate suspension of the licensee’s licence or the immediate suspension of application of the class licence with respect to the class licensee; or

refuse to rescind the immediate suspension of the licensee’s licence or the immediate suspension of application of the class licence with respect to the class licensee.

any ground that would have entitled the Licensing Officer to refuse an application for approval in respect of the individual;

the individual is, in the opinion of the Licensing Officer, no longer a fit and proper person to be deployed by the licensee as the licensee’s debt collector, having regard to the criteria or requirements mentioned in section 20(3) or the matter or evidence mentioned in section 20(4);

the approval had been obtained by fraud or misrepresentation;

the individual has (during the period of approval) been —

convicted of an offence under this Act;

convicted, whether in Singapore or elsewhere, of an offence involving dishonesty or the conviction for which involved a finding that the individual had acted dishonestly;

convicted of an offence specified in the Second Schedule; or

ordered to be detained under Part 5 of the Criminal Law (Temporary Provisions) Act 1955 or Chapter 2 of Part 2 of the Internal Security Act 1960;

the licensee or individual has contravened or not complied with —

any condition of the approval that is applicable to the licensee or individual, as the case may be;

any provision of this Act applicable to the licensee or individual, the contravention of or non‑compliance with which is not an offence under this Act; or

any direction issued under subsection (2)(b) or section 26(5).

modify any condition of the approval;

direct the licensee or individual to do, or to refrain from doing, the things that are specified in a direction to rectify any contravention or non‑compliance mentioned in subsection (1)(e);

suspend the approval in respect of the individual carrying out all or any debt collection activities for not more than 6 months.

stating that the Licensing Officer intends to take regulatory action under section 25;

specifying the type of regulatory action in section 25(1) or (2) that the Licensing Officer proposes to take, and the ground for taking the regulatory action; and

specifying the time (being at least 14 days after the date the written notice is served on the licensee and the individual or (where the written notice is served on the licensee and the individual on different dates) the later of those dates) within which written representations may be made to the Licensing Officer with respect to the proposed regulatory action.

after considering any written representation made to him or her pursuant to the written notice mentioned in subsection (1); or

after the time delimited in the written notice under subsection (1)(c) lapses, where no representation is so made or any representation made is subsequently withdrawn.

put in place measures, including proper training, to ensure that the licensee’s debt collectors understand and comply with this Act and do not conduct debt collection activities in a manner that would contravene other written laws, including the Penal Code 1871 and the Protection from Harassment Act 2014; or

keep proper records of any matter that relates to the deployment of the licensee’s debt collectors.

the enforcement by any person of any right or claim against the individual; or

the enforcement by the individual of any right or claim against any person.

an individual in respect of whom approval has been granted under section 20 for the individual to be deployed as a debt collector of a licensee, is subject to criminal proceedings in respect of —

an offence under this Act;

an offence, whether in Singapore or elsewhere, involving dishonesty or the conviction for which involved a finding that the individual had acted dishonestly; or

an offence specified in the Second Schedule; and

the Licensing Officer is of the opinion that it is undesirable in the public interest for the individual to continue to act as the licensee’s debt collector,and this section applies despite section 26.

rescind the immediate suspension of the approval granted under section 20 for the individual to be deployed as a debt collector of the licensee; or

refuse to rescind the immediate suspension of that approval.

to determine compliance with this Act, including whether an offence under this Act has been committed;

to determine compliance with any condition of a licence or class licence;

to determine compliance with any direction issued by the Licensing Officer under this Act;

to determine compliance with any condition of an approval granted under section 20 for an individual to be deployed as a debt collector of a licensee;

to determine whether information provided to an inspecting officer or a compliance officer under a provision of this Act is correct;

to investigate whether there is any ground for —

taking any regulatory action under section 22 against a licensee or class licensee; or

taking any regulatory action under section 25 in respect of an approval granted under section 20 for an individual to be deployed as a debt collector of a licensee.

examine any thing or observe any activity conducted in or on the premises;

make a still or moving image or recording of the premises and any thing in or on the premises;

inspect any document in or on the premises and take extracts from, or make copies of, any such document;

take into or onto the premises any equipment and material that the inspecting officer or compliance officer requires for the purpose of exercising any power in relation to the premises;

operate electronic equipment in or on the premises;

require any individual found in or on the premises to answer any question (to the best of that individual’s knowledge, information and belief) and to provide any document or information that the inspecting officer or compliance officer reasonably requires for any of the purposes of section 29(1).

search the premises and any thing in or on the premises;

secure a thing for a period not exceeding 24 hours if the thing is found in or on the premises, where the inspecting officer believes on reasonable grounds that —

the thing is evidential material that the inspecting officer reasonably requires for any of the purposes of section 29(1); and

it is necessary to secure the thing in order to prevent it from being concealed, lost or destroyed before a warrant to seize the thing is obtained; or

seize any thing found in or on the premises which the inspecting officer reasonably suspects is as described in paragraph (b)(i).

with the consent of the occupier; or

under a warrant of a Magistrate’s Court or District Court.

is not authorised to enter any premises which are not premises mentioned in subsection (1) to exercise any power mentioned in subsection (1) or (2)(a) or (b), except —

with the consent of the occupier; or

under a warrant of a Magistrate’s Court or District Court; and

is not authorised to seize any thing in or on any premises unless the seizure is made under a warrant of a Magistrate’s Court or District Court.

to use a disk, tape or other storage device that is in or on the premises and can be used with the equipment or in association with the equipment;

to operate electronic equipment in or on the premises to put the relevant data in documentary form and remove the documents so produced from the premises; and

to operate electronic equipment in or on the premises to transfer the relevant data to a disk, tape or other storage device that —

is brought to the premises for the exercise of the power; or

is in or on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises,and to remove the disk, tape or other storage device from those premises.

to secure the thing by locking it up, placing a guard or any other means; and

to prohibit any person from dealing with the thing.

to require that individual to provide an explanation of the document or information;

if the document or information is not provided, to require that individual to state, to the best of the individual’s knowledge and belief, where it is; and

if the information is recorded otherwise than in legible form, to require the information to be made available to the inspecting officer or compliance officer in legible form.

a person to whom a licence is or was granted;

a person who is or was a class licensee;

an individual who is or was a key appointment holder of a person mentioned in paragraph (a) or (b);

an individual who is or was deployed as a debt collector of a person mentioned in paragraph (a) or (b);

an individual who is or was employed in any capacity (other than as a debt collector) by a person mentioned in paragraph (a) or (b); or

a person whom an inspecting officer or a compliance officer suspects on reasonable grounds has committed an offence under this Act.

where the inspecting officer or compliance officer reasonably believes a person to have committed an offence under this Act or contravened any provision of this Act — require that person to provide evidence of that person’s identity;

require any person whom the inspecting officer or compliance officer reasonably believes has —

any information; or

any document or article in the person’s possession, custody or control,that the inspecting officer or compliance officer reasonably requires for any of the purposes of section 29(1), to provide, within a reasonable period specified by the inspecting officer or compliance officer, that information or produce that document or article, and to provide an explanation of the information or document;

issue a written notice requiring any person within the limits of Singapore, who appears to be acquainted with the facts or circumstances of a matter that is relevant to any of the purposes of section 29(1), to attend before an inspecting officer or compliance officer;

examine orally any person who appears to be acquainted with the facts or circumstances of a matter that is relevant to any of the purposes of section 29(1) —

whether before or after that person or anyone else is charged with an offence in connection with the matter; and

whether or not that person is to be called as a witness in any inquiry, trial or other proceeding in connection with the matter.

if the information, document or article is not provided, to require the person to state, to the best of the knowledge and belief of the person, where it is; and

if the information is recorded otherwise than in legible form, to require the information to be made available to the inspecting officer or compliance officer in legible form.

be reduced to writing;

be read over to the person;

if the person does not understand English, be interpreted in a language that the person understands; and

after correction (if necessary), be signed by the person.