Singapore legislation

Regulation 2

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

Regulation 2

Definitions

Amended byS 522/2015 wef 01/09/2015S 522/2015 wef 01/09/2015S 522/2015 wef 01/09/2015S 522/2015 wef 01/09/2015S 522/2015 wef 01/09/2015S 522/2015 wef 01/09/2015S 522/2015 wef 01/09/2015S 522/2015 wef 01/09/2015S 522/2015 wef 01/09/2015S 522/2015 wef 01/09/2015S 522/2015 wef 01/09/2015S 199/2023 wef 31/12/2021S 522/2015 wef 01/09/2015S 522/2015 wef 01/09/2015S 522/2015 wef 01/09/2015S 373/2024 wef 01/05/2024S 522/2015 wef 01/09/2015S 522/2015 wef 01/09/2015S 373/2024 wef 01/05/2024S 373/2024 wef 01/05/2024S 373/2024 wef 01/05/2024

Subregulation 1

Amended byS 522/2015 wef 01/09/2015S 522/2015 wef 01/09/2015S 522/2015 wef 01/09/2015S 522/2015 wef 01/09/2015S 522/2015 wef 01/09/2015S 522/2015 wef 01/09/2015S 522/2015 wef 01/09/2015S 522/2015 wef 01/09/2015S 522/2015 wef 01/09/2015S 522/2015 wef 01/09/2015S 522/2015 wef 01/09/2015S 199/2023 wef 31/12/2021S 522/2015 wef 01/09/2015S 522/2015 wef 01/09/2015S 522/2015 wef 01/09/2015S 373/2024 wef 01/05/2024S 522/2015 wef 01/09/2015S 522/2015 wef 01/09/2015S 373/2024 wef 01/05/2024S 373/2024 wef 01/05/2024S 373/2024 wef 01/05/2024

In these Rules, unless the context otherwise requires —[Deleted by S 522/2015 wef 01/09/2015][Deleted by S 373/2024 wef 01/05/2024][Deleted by S 522/2015 wef 01/09/2015][Deleted by S 373/2024 wef 01/05/2024](2) [Deleted by S 522/2015 wef 01/09/2015](3) In these Rules, unless the context otherwise requires, a reference to a financial institution supervised by the Authority shall not include a person who is exempted from being licensed, approved, registered or otherwise regulated by the Authority under any written law.

Definition

“agent”, in relation to a borrower, means the individual acting on behalf of or for the benefit of the borrower;

Definition

“beneficial owner”, in relation to a borrower, means —

(a)

an individual who ultimately owns or controls the borrower, or any one of 2 or more individuals who, acting together, ultimately own or control the borrower;

(b)

an individual who exercises ultimate effective control over the borrower, or any one of 2 or more individuals who, acting together, exercise ultimate effective control over the borrower; or

(c)

a person on whose behalf a relevant loan is obtained by the borrower;

Amended byS 522/2015 wef 01/09/2015

Definition

“borrower” means the person to whom, or the legal arrangement to which, a moneylender grants or intends to grant a relevant loan;

Amended byS 522/2015 wef 01/09/2015

Definition

“business relation” means the opening or maintenance of a loan account for a borrower;

Amended byS 522/2015 wef 01/09/2015

Definition

“CDD measures”, or customer due diligence measures, means initial CDD measures, ongoing CDD measures, and the measures referred to in rule 6A(1);

Amended byS 522/2015 wef 01/09/2015

Definition

“connected party” —

(a)

in relation to a borrower which is an entity (other than a partnership, limited partnership or limited liability partnership), means a director of the entity, or an individual having executive authority in the entity;

(b)

in relation to a borrower which is a partnership, limited partnership or limited liability partnership, means any partner or manager of the partnership, limited partnership or limited liability partnership; or

(c)

in relation to a borrower which is a legal arrangement, means any individual having executive authority (if any) in the arrangement;

Amended byS 522/2015 wef 01/09/2015

Definition

“country” includes territory;

Amended byS 522/2015 wef 01/09/2015

Definition

“domestic politically-exposed person” means an individual who is or has been entrusted with a prominent public function in Singapore;

Amended byS 522/2015 wef 01/09/2015

Definition

“entity” means a sole proprietorship, a partnership, a limited partnership, a limited liability partnership, a corporation sole or a company, or any other association or body of persons corporate or unincorporate;

Amended byS 522/2015 wef 01/09/2015

Definition

“FATF” means the intergovernmental body known as the Financial Action Task Force created in 1989;

Definition

“foreign politically-exposed person” means an individual who is or has been entrusted with a prominent public function in a country outside Singapore;

Amended byS 522/2015 wef 01/09/2015

Definition

“initial CDD measures”, or initial customer due diligence measures, means —

(a)

the process of identifying, and obtaining the information necessary to identify and verify the identities of, a borrower, the agent of a borrower, the connected parties of a borrower, and the beneficial owner of a borrower; and

(b)

the process of understanding, and obtaining the information necessary to understand, the purpose of a loan;

Amended byS 522/2015 wef 01/09/2015

Definition

“legal arrangement” means an express trust or other similar arrangement;

Amended byS 522/2015 wef 01/09/2015

Definition

“moneylender” means a moneylender who is a licensee or an exempt moneylender;

Definition

“officer” has the same meaning as in section 89(5) of the Act;

Amended byS 199/2023 wef 31/12/2021

Definition

“ongoing CDD measures”, or ongoing customer due diligence measures, means the measures set out in Part 2 of the Schedule;

Amended byS 522/2015 wef 01/09/2015

Definition

“politically-exposed person” means —

(a)

a domestic politically-exposed person;

(b)

a foreign politically-exposed person; or (c)a politically-exposed person of an international organisation;

Amended byS 522/2015 wef 01/09/2015

Definition

“politically-exposed person of an international organisation” means an individual who is or has been entrusted with a prominent public function in an international organisation;

Amended byS 522/2015 wef 01/09/2015

Definition

“proliferation financing” means the financing of proliferation of weapons of mass destruction;

Amended byS 373/2024 wef 01/05/2024

Definition

“prominent public function” includes the role held by a head of state, head of government, government minister, senior civil or public servant, senior judicial or military official, senior executive of a state-owned corporation, senior political party official, member of a legislature, or member of the senior management of an international organisation;

Amended byS 522/2015 wef 01/09/2015

Definition

“reasonable measure” means an appropriate measure that is commensurate with the risk of money laundering, terrorism financing or proliferation financing;

Amended byS 522/2015 wef 01/09/2015S 373/2024 wef 01/05/2024

Definition

“relevant foreign regulatory authority”, in relation to a moneylender, means an authority of a country outside Singapore exercising any function in respect of the moneylender that corresponds to a regulatory function of the Registrar under the Act;

Amended byS 373/2024 wef 01/05/2024

Definition

“relevant law enforcement authority” means the Singapore Police Force, the Central Narcotics Bureau or the Corrupt Practices Investigation Bureau;

Definition

“relevant loan” means a loan of an aggregate value exceeding $3,000 or its equivalent value expressed in any other currency;

Definition

“Singapore government entity” means a ministry or department of the Government, an organ of State or a statutory board.