Singapore legislation

Regulation 14

of Financial Services and Markets (Resolution of Financial Institutions) Regulations 2024

Regulation 14

Secured liabilities

Subregulation 1

This regulation applies where, under a contract to which a transferor is a party, one party owes to the other a liability that is secured against any property or rights.

Subregulation 2

A transfer of a part (but not the whole) of the business of the transferor under section 66 of the Act must not provide for —

(a)

the transfer of the liability without the benefit of the security;

(b)

the transfer of the benefit of the security without the liability; or

(c)

the transfer of the property or rights without the liability and benefit of the security.

Subregulation 3

For the purposes of paragraph (1), it is immaterial —

(a)

whether or not the liability is secured against all, or substantially all, of the properties and rights of the transferor;

(b)

whether or not the liability is secured against specified properties or rights; and

(c)

whether or not the property or rights against which the liability is secured is or are owned by the person who owes the liability.