Uncategorised
MAS to Close 'Fit and Proper' Loophole

The Monetary Authority of Singapore wishes to arrogate to itself a power that other regulators - such as the British Financial Services/Conduct Authority - have long had: to ban people from the financial sector.
The Monetary Authority of Singapore wishes to arrogate to itself
a power that other regulators - such as the British Financial
Services/Conduct Authority - have long had: to ban people from
the financial sector. The MAS has the power to issue prohibition
orders to prevent unsuitable persons from engaging in capital
markets, financial advisory and insurance intermediation
activities, but does not have similar powers for banking
business.
To remedy this in the name of fitness and propriety, it wants the
power to ban anyone it chooses from "taking part, directly or
indirectly, in the management of, acting as a director of, or
becoming a substantial shareholder of a bank for such period as
MAS may specify."
It states, in words that seem to take the creation of its new
power for granted, that it will not
make any prohibition order against a person without giving him an
opportunity to be heard. It says that it will notify every target
of its intention to make the order and listen to his
representations, to which it "will give due
consideration...before making the final decision."
Singapore's central bank also wants to ban unfit and improper
persons from working directly or indirectly for banks
pre-emptively. The example it gives is of a person operating
fraudulent schemes flagged in its 'investor alert' list,
especially if he tries to join a bank after the Commercial
Affairs Department has shut the schemes down.
The MAS goes on in its consultation paper on the subject to say
that even after the issuance of an order, the prohibited party
will have 30 days to appeal to the minister, although the views
of this person are unlikely to diverge wildly from those of the
regulators. Any breach of such a PO will be an offence
punishable, in relation to an individual, by a fine not exceeding
$125,000 or imprisonment for a term not exceeding 3 years or
both, and, in relation to a corporation, a fine of up to
$250,000.
The language of the consultation paper is so declaratory and
final that it is difficult to see how one can harbour any doubts
at all about the MAS's impending empowerment.