Professional Documents
Culture Documents
First published in the Government Gazette, Electronic Edition, on 5 December 2019 at 5 pm.
No. S 810
PAYMENT SERVICES ACT 2019
(ACT 2 OF 2019)
ARRANGEMENT OF REGULATIONS
Regulation
1. Citation and commencement
PART 1
PRELIMINARY
2. Definitions
3. Forms
4. Time for documents to be lodged
5. Fees
PART 2
LICENSING OF PAYMENT SERVICE PROVIDERS
Division 1 — Licensing of payment service providers
6. Application for licence
7. Prescribed class of persons under section 6(9)(c)(ii) of Act
8. Prescribed financial requirements under section 6(9)(d) of Act
9. Variation or change of licence
10. Lapsing of licence
11. Prohibition against solicitations
Division 2 — Conduct of business
12. Financial requirements while licence is in force
13. Security
14. Safeguarding of money received from customer
15. Safeguarding of relevant moneys by guarantee
16. Safeguarding of relevant moneys by segregation of funds
17. Application of regulations 14, 15 and 16 to exempt payment
service providers
18. Restrictions on personal payment accounts that contain e-money
PART 3
PAYMENT SYSTEMS
21. Provision of information to Authority
22. Obligation of operator to submit periodic reports
23. Control of shareholding in operators of designated payment
systems
24. Approval of chief executive officer or director of operator
25. Business continuity management of operators of designated
payment systems
26. Determination of equivalent in foreign currency of Singapore
dollar amount
PART 4
EXEMPTIONS
27. Exemption in respect of providing money-changing services that
is incidental to hotel business
28. Exemption from requirement to hold standard payment
institution licence
29. Exemption for certain domestic money transfer providers
30. Exemption from section 9 of Act
31. Exemption from section 20(1) of Act
32. Exemption from section 23 of Act
33. Exemption from requirements in section 24 of Act
PART 5
MISCELLANEOUS
34. Opportunity to be heard
35. Offences
The Schedule
PART 1
PRELIMINARY
Definitions
2.—(1) In these Regulations, unless the context otherwise
requires —
“financial year” and “foreign company” have the meanings
given by section 4(1) of the Companies Act (Cap. 50);
“mobile application” means a software application that operates
on mobile devices such as smartphones and tablet computers;
“net head office funds”, in relation to a foreign company, means
the net liability of the Singapore branch of the foreign
company to its head office and any other branch outside of
Singapore.
(2) In these Regulations, “base capital”, in relation to a company,
means the sum of —
(a) all of the following items in the latest accounts of the
company:
(i) paid-up ordinary share capital;
(ii) paid-up irredeemable and non-cumulative preference
share capital; and
(b) any unappropriated profit or loss in the latest audited
accounts of the company,
less —
(c) any interim loss in the latest accounts of the company; and
(d) any dividend that has been declared since the latest audited
accounts of the company.
(3) In these Regulations, “irredeemable and non-cumulative
preference share capital”, in relation to the base capital of a
company, means share capital consisting of preference shares that
satisfy all of the following requirements:
(a) the principal of each share of the company is perpetual;
(b) the shares of the company are not callable at the initiative
of the company or the shareholders, and the principal of the
shares cannot be repaid outside of liquidation of the
company, except in the case of a repurchase or other
manner of reduction of share capital that is initiated by the
company and permitted under written law;
(c) the company has full discretion to cancel dividend
payments, and —
(i) the cancellation of dividend payments is not an event
of default of the company under any agreement;
(ii) the company has full access to cancelled dividend
payments to meet its obligations as they fall due; and
(iii) the cancellation of dividend payments does not result
in any restriction being imposed on the company
under any agreement, except in relation to dividend
payments to ordinary shareholders of the company.
Forms
3.—(1) The forms to be used for the purposes of these Regulations
are those set out at the Authority’s website at http://www.mas.gov.sg,
and any reference in these Regulations to a numbered form is
construed as a reference to the current version of the form bearing the
corresponding number which is displayed at that website.
(2) Any document required to be lodged with the Authority under
any provision of the Act or these Regulations must be lodged in the
relevant form and in the manner specified in the website mentioned in
paragraph (1), or in any other manner that the Authority may specify.
(3) All forms used for the purposes of these Regulations must be
completed in the English language and in accordance with any
direction that may be specified in the form or by the Authority.
(4) The Authority may refuse to accept any form if —
(a) the form is not completed or lodged in accordance with this
regulation; or
(b) a fee is specified in the Schedule for the matter in respect of
which the form is lodged, and the form is not accompanied
by the fee.
(5) Where strict compliance with any form is not possible, the
Authority may allow for the necessary modifications to be made to
that form, or for the requirements of that form to be complied with in
any other manner that the Authority thinks fit.
Fees
5. The fees specified in the third column of the Schedule are
payable to the Authority in respect of the matters set out in the second
column of that Schedule on a non-refundable basis.
PART 2
LICENSING OF PAYMENT SERVICE PROVIDERS
Division 1 — Licensing of payment service providers
Application for licence
6.—(1) An application for the grant of a licence must be in Form 1
and must be lodged with the Authority together with any relevant
document or information as may be specified in the Form or by the
Authority.
(2) For the purposes of section 6(6)(a) of the Act, the prescribed
period is 30 days after the relevant date.
(3) In this regulation, “relevant date” has the meaning given by
section 6(17) of the Act.
Lapsing of licence
10. For the purposes of section 11(1)(c) of the Act, the prescribed
events upon which occurrence a licence lapses are —
(a) if the licensee has not commenced business in at least one
of the payment services authorised to be provided by the
licensee for a period of 6 months (or any longer period that
the Authority may allow) after the grant of the licence,
immediately upon the expiry of that period;
(b) if the licensee —
(i) has ceased to carry on business in providing all of the
payment services authorised to be provided by the
licence; and
(ii) has not resumed business in any of those payment
services for a continuous period of 6 months (or any
longer period that the Authority may allow) after the
date of such cessation of business,
immediately upon the expiry of that period;
(c) if the licensee is licensed to carry on a business of
providing one or more payment services other than digital
payment token services, and the licensee does not accept,
process or execute any payment transaction for a
continuous period of 6 months (or any longer period that
the Authority may allow) after the grant of the licence,
immediately upon the expiry of that period; and
(d) if the licensee is licensed to carry on a business of
providing digital payment token services, and the licensee
fails to provide at least one of the following services for a
continuous period of 6 months (or any longer period that
the Authority may allow) after the grant of the licence,
immediately upon the expiry of that period:
(i) accepting, processing or executing any payment
transaction;
Security
13. For the purposes of section 22(1) of the Act, the prescribed
amount of security that a major payment institution must maintain
with the Authority is —
(a) in the case where the average, over the current calendar
year, of the total value of all payment transactions that are
accepted, processed or executed by the major payment
institution in one month does not exceed $6 million (or its
equivalent in a foreign currency) for each payment service
the major payment institution provides — $100,000; and
(b) in any other case — $200,000.
Division 4 — Audit
Auditing requirements for licensees
20. For the purposes of section 37(4)(c) of the Act, a report of an
audit on a licensee must —
(a) be submitted to the Authority in Form 4 —
(i) where the licensee is a company — not later than
6 months after the end of the financial year in respect
of which the audit is conducted; or
(ii) where the licensee is a partnership, a limited liability
partnership or an individual — not later than
6 months after the end of the period for which the
licensee’s financial statements are made up and in
respect of which the audit is conducted;
(b) state the name and contact particulars of the auditor
conducting the audit; and
(c) be signed by the auditor conducting the audit.
PART 3
PAYMENT SYSTEMS
Provision of information to Authority
21. A notice given by the Authority under section 41(1) of the Act
must be in Form 5.
(j) any other information that would support a finding that the
applicant is a fit and proper person in accordance with the
Guidelines on Fit and Proper Criteria.
(2) Despite paragraph (1), the Authority may require the applicant
to provide the Authority with any additional information or document
that the Authority considers necessary in relation to the application
mentioned in paragraph (1).
PART 4
EXEMPTIONS
Exemption in respect of providing money-changing services
that is incidental to hotel business
27.—(1) A holder of a money-changing licence is exempt from
section 34 of the Act in respect of its business of providing any
money-changing service if —
(a) the holder also carries on a business of keeping or
managing a hotel; and
(b) the holder’s business of providing any money-changing
service is solely incidental to its business mentioned in
sub-paragraph (a).
(2) A person who intends to become a 20% controller of a holder of
a money-changing licence who is exempt under paragraph (1), is
exempt from section 28 of the Act.
(3) In this regulation, “hotel” means any premises registered as a
hotel under section 5 of the Hotels Act (Cap. 127).
payment accounts, other than the specified amount, does not exceed
the prescribed amount mentioned in regulation 18(2), or its
equivalent in a foreign currency.
(5) In this regulation —
“foreign entity” means any corporation established or
incorporated outside Singapore that is licensed, registered,
approved or otherwise regulated to carry on banking business
under the laws of the jurisdiction in which it is established or
incorporated;
“money” does not include e-money, any digital payment token
or any excluded digital representation of value;
“overseas personal deposit account” means a deposit account
held with a foreign entity (other than a bank in Singapore)
that —
(a) is used as a means of executing payment transactions
other than in the course of business; and
(b) only contains money;
“specified amount” means the aggregate of —
(a) any e-money transferred to a personal deposit
account that is either in the name of or designated
by the payment service user mentioned in
paragraph (2) or (4), as the case may be; and
(b) any e-money transferred to an overseas personal
deposit account that is in the name of the payment
service user mentioned in paragraph (2) or (4), as the
case may be.
PART 5
MISCELLANEOUS
Opportunity to be heard
34.—(1) Where the Act provides for a person to be given an
opportunity to be heard by the Authority, the Authority must post or
deliver to that person a notice —
Offences
35.—(1) Any person that contravenes regulation 9(2) or (3), 14(1),
15(1), 16(1), 22(1), 25(1), (2), (3) or (4), 26(8) or 28(6) shall be guilty
of an offence.
(2) A person guilty of an offence under paragraph (1) shall be liable
on conviction —
(a) in the case of an individual, to a fine not exceeding $50,000
or to imprisonment for a term not exceeding 2 years or to
both and, in the case of a continuing offence, to a further
fine not exceeding $5,000 for every day or part of a day
during which the offence continues after conviction; and
(b) in any other case, to a fine not exceeding $100,000 and, in
the case of a continuing offence, to a further fine not
exceeding $10,000 for every day or part of a day during
which the offence continues after conviction.
THE SCHEDULE
FEES
Regulations 3(4)(b) and 5
RAVI MENON
Managing Director,
Monetary Authority of Singapore.
[PSR/01/2019; AG/LEGIS/SL/222B/2015/2 Vol. 2]