Singapore legislation

Regulation 9

of Financial Holding Companies (Corporate Governance of Designated Financial Holding Companies with Bank Subsidiary) Regulations 2022

Regulation 9

Nominating Committee

Subregulation 1

Subject to paragraph (3) and regulations 12(3) and 20, a DFHC (Bank) must have a Nominating Committee comprising —

(a)

in the case of a foreign‑owned DFHC (Bank) — at least 3 but not exceeding 5 members of the Board or, in any other case, at least 5 members of the Board, or any greater number (not exceeding 7) of members of the Board that the Authority may approve; and

(b)

at least a majority of directors (including the chairperson of the Nominating Committee) who are independent directors.

Subregulation 2

Every member of the Nominating Committee is appointed to hold office until the next annual general meeting following that member’s appointment, and is eligible for reappointment.

Subregulation 3

If a member of the Nominating Committee resigns, ceases to be a director or for any other reason ceases to be a member of the Nominating Committee —

(a)

the DFHC (Bank) must notify the Authority of the event within 14 days after the occurrence of the event; and

(b)

if this results in a breach of any requirement under paragraph (1), the Board must, within 3 months after that event, appoint the number of new members that is necessary to rectify the composition of the Nominating Committee in accordance with that requirement.

Subregulation 4

A DFHC (Bank) that contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction —

(a)

to a fine not exceeding $25,000; and

(b)

in the case of a continuing offence, to a further fine not exceeding $2,500 for every day or part of a day during which the offence continues after conviction.

Subregulation 5

A DFHC (Bank) that contravenes paragraph (3)(a) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000.