Singapore legislation
Section 66
Section 66
Duties to obtain and submit borrower information, etc., before granting loan
(1)
Every licensee must, before granting any loan to an applicant for a loan, obtain from the applicant the following information in relation to the applicant and the loan:
if the applicant is an individual, the applicant’s full name (including any alias), date of birth, personal identification number (such as national registration identity card number, birth certificate number or passport number), nationality, residential address and telephone number;
if the applicant is a body corporate —
its name, address of its place of business or registered office, telephone number, date and place of incorporation and incorporation number; and
the names, personal identification numbers (such as national registration identity card number, birth certificate number or passport number) and residential addresses of —
in the case where the applicant is a limited liability partnership, the managers and partners of the applicant; or
in any other case, the applicant’s substantial shareholders and officers;
if the applicant is a partnership or unincorporated association —
its name, address of its place of business or registered office, telephone number, date and place of registration and registration number;
the names, personal identification numbers (such as national registration identity card number, birth certificate number or passport number) of every partner or member who is an individual and of its officers; and
the names, places of incorporation, incorporation numbers and addresses of the places of business or registered offices of any partner which is a corporation;
any other information in relation to the applicant and the loan, that is prescribed by the Minister, having regard to the purposes of a credit report.
(2)
The licensee must verify the accuracy of any information mentioned in subsection (1) that relates to the applicant, by checking the information and the identity of the applicant against genuine, complete and up-to-date documents of the applicant, before submitting the information.
(3)
The licensee must, within the prescribed time after the receipt of an application for a loan from an applicant and before granting any loan to the applicant, submit the information mentioned in subsection (1) and information about the principal of the loan, to the designated credit bureau in the prescribed manner.
(4)
Before submitting any information to the designated credit bureau under subsection (3), the licensee must inform the applicant in writing —
that the information obtained from the applicant is to be submitted to the designated credit bureau for the purpose of producing a credit report in relation to the applicant; and
that any of that information may be disclosed by the designated credit bureau to —
the Registrar; and
any public agency, if the Registrar is satisfied that the information is necessary for policy formulation or review by the public agency.
(5)
No licensee may grant any loan to an applicant for a loan unless the licensee —
has submitted, within the prescribed time after the receipt of the loan application and in the prescribed manner, a request to the designated credit bureau for a credit report in relation to the applicant; and
has obtained a credit report in relation to the applicant within the prescribed time before the loan is granted.
(6)
The request submitted by the licensee under subsection (5)(a) must be accompanied by —
a declaration as to whether —
the licensee is submitting the request for a purpose other than for assessing the creditworthiness of the applicant in question and for complying with any restriction imposed under this Act as to the maximum amount that may be lent to the applicant; and
the licensee has a valid licence issued under section 5 at the time of the request; and
any other document or information that the Minister may prescribe for the purposes of this subsection.
(7)
Upon obtaining a credit report in relation to an applicant for a loan, a licensee must —
if the licensee intends to grant the loan —
inform the designated credit bureau in the prescribed manner and before granting the loan, of any change in the information submitted under subsection (3); and
submit to the designated credit bureau in the prescribed manner and before granting the loan, information on the frequency of repayment of the loan, the amount of each repayment, the rate of interest and late interest (if any), and any late payment fee or any permitted fee payable under the contract for the loan; and
if the licensee declines to grant the loan, inform the designated credit bureau in the prescribed manner and within the prescribed time of the reason or reasons for so declining.
(8)
Any licensee who without reasonable excuse contravenes subsection (1), (2), (3), (4), (5), (6) or (7) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both.
(9)
Any licensee who submits under subsection (6)(a) a declaration that is false shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both.[30N