Singapore legislation

Regulation 9

of Moneylenders Rules 2009

Regulation 9

Loan application

Subregulation 1

A licensee must not grant a loan to a borrower unless it has received from the borrower a duly completed application form which states all of the following:

(a)

particulars of the borrower, namely —

(i)

if the borrower is an individual — the borrower’s full name (including any alias), date of birth, personal identification number (such as his or her NRIC number, birth certificate number or passport number), nationality, residential address, email address (if any) and telephone number;

(ii)

if the borrower is a body corporate — its name, address of its place of business or registered office, email address (if any), telephone number, date and place of incorporation and incorporation number, and the names, personal identification numbers and residential addresses of its substantial shareholders, directors and persons employed in an executive capacity; or

(iii)

if the borrower is a partnership, limited liability partnership or unincorporated association — its name, address of its place of business or registered office, email address (if any), telephone number, date and place of registration and registration number, the names, personal identification numbers and residential addresses of its partners who are individuals (if applicable) and persons employed in an executive capacity, and the names, places of incorporation, incorporation numbers and addresses of the places of business or registered offices of its partners which are corporations (if applicable);

(b)

the particulars mentioned in sub‑paragraph (a) of the surety;

(c)

if the borrower is an individual — the total income of the borrower during the 3 months immediately preceding the month in which the application for the loan is made;

(d)

the amount of the loan applied for;

(e)

whether the borrower is applying for a business loan.

Subregulation 2

The licensee must —

(a)

require the borrower to provide either or a combination of the following in support of all the information provided in the loan application form:

(i)

genuine, complete and up‑to‑date documents that authenticate the information;

(ii)

the same or supporting information relating to the borrower maintained by a public body, and obtained by the borrower from the public body either directly or through an Internet platform provided by the Government Technology Agency for the sharing of information maintained by one or more public bodies with persons (such as the Internet platform commonly known as “Myinfo”); and

(b)

verify the information provided in the loan application form against the documents or information mentioned in sub‑paragraph (a)(i) or (ii), as the case may be.

Subregulation 3

The licensee must extend a copy of the duly completed loan application form to the borrower, and another copy thereof to the borrower’s surety (if any), at the time the loan is granted.

Subregulation 4

A licensee which contravenes paragraph (1), (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000.

Subregulation 5

This rule does not affect —

(a)

any duty of the moneylender to obtain any information that may be necessary to enable the moneylender to comply with section 66(1) and (4)(a)(i) of the Act and rules 19, 20 and 21; and

(b)

the provisions of the Moneylenders (Prevention of Money Laundering, Terrorism Financing and Proliferation Financing) Rules 2009.

Subregulation 6

In this rule —

Definition

“Government Technology Agency” means the Government Technology Agency established by section 3 of the Government Technology Agency Act 2016;

Definition

“public body” means a body corporate established by a public Act for the purposes of a public function but excludes a Town Council established under section 4 of the Town Councils Act 1988.