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新加坡银行法(四)
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  Risk-based capital requirements
  10. —(1) The Authority may, by notice in writing, require any bank in Singapore or class of banks in Singapore to maintain capital funds in Singapore of such amount (not being less than the minimum prescribed in section 9 or 9A, as the case may be) and in such manner as the Authority considers appropriate, having regard to the risks arising from the activities of the bank or class of banks, as the case may be, and such other factors as the Authority considers relevant.
  [23/2001]

  (2) A bank incorporated in Singapore shall not, at any time, have a capital adequacy ratio of less than 12%, or such other percentage as may be determined by the Authority from time to time, as calculated in accordance with such form, content and manner as may be determined by the Authority by notice in writing.
  [28/93]

  (3) The Authority may, if it considers appropriate in the particular circumstances of a bank incorporated in Singapore, having regard to the risks arising from the activities of the bank and such other factors as the Authority considers relevant, vary the capital adequacy ratio applicable to that bank.
  [23/2001]

  (4) The Authority may suspend or restrict the operations of a bank which fails to comply with subsection (2) or (3) or any requirement of the Authority under subsection (1).
  [28/93;23/2001]

  11. Deleted by Act 1/2007, wef 31/03/2007.

  Appeal to Minister
  11A. Any applicant who is aggrieved by the refusal of the Authority to grant a licence under section 7 (3) may, within 30 days of the decision of the Authority, appeal in writing to the Minister whose decision shall be final and shall be given effect to by the Authority.
  [28/93;23/2001]

  Branches
  12. —(1) No bank shall open a new place of business or change the location of an existing place of business in Singapore without submitting a written application in respect thereof to the Authority which may —

  (a) give its approval; or

  (b) without assigning any reason, refuse to give its approval.

  (2) No bank incorporated in Singapore shall open a new branch, agency or office in any place outside Singapore without submitting a written application in respect thereof to the Authority, which shall approve or reject the application.

  (3) Any bank which contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 and, in the case of a continuing offence, to a further fine of $2,500 for every day during which the offence continues after conviction.
  [2/84;23/2001]

  Fees to be paid in respect of branches of banks
  13. —(1) The Authority may, from time to time by notification in the Gazette, specify the annual licence fees which banks in Singapore shall pay for each of their branches.

  (2) The manner of payment shall be as specified by the Authority.

  Mergers
  14. —(1) A bank incorporated in Singapore shall not be merged or consolidated with, or be taken over by, any other body corporate or unincorporate without the prior written approval of the Minister.
  [23/2001]

  (2) The Minister may approve an application made under subsection (1) if —

  (a) the Authority is satisfied that —

  (i) the body corporate or unincorporate is a fit and proper person or body of persons; and

  (ii) having regard to the likely influence of the body corporate or unincorporate, the business of the bank will be or will continue to be conducted prudently and the provisions of this Act will be or will continue to be complied with in relation to such business; and

  (b) the Minister is satisfied that it is in the national interest to do so.

  (2A) The parties to a proposed merger or consolidation, in respect of which an application is made under this section, shall furnish such information as the Minister or the Authority may require for the purposes of subsection (2).

  (3) Without prejudice to the generality of subsection (1), for the purposes of this section, a bank shall be deemed to be merged with a body corporate or unincorporate if the bank or its shareholders enter into any agreement or arrangement under which all or substantially all of the business of the bank is to be managed, and under which the shareholders of the bank will be accorded rights, as if the bank has been merged with such body corporate or unincorporate, as the case may be.
  [23/2001]

  Approval by Minister for merger of certain banks
  14A. —(1) Subject to this section and section 14B, on the joint application of a bank and one or more banks which are wholly-owned subsidiaries of that bank, the Minister may approve the merger of those banks and issue a certificate of approval.
  [28/93]

  (2) The issue of a certificate of approval by the Minister under subsection (1) merges the banks that are parties to the merger agreement on which the application for the certificate of approval is based.
  [28/93]

  (3) Where a certificate of approval is issued under subsection (1) merging the banks, the merger shall for all purposes be deemed to have occurred and to be effective on the date mentioned in subsection (4).
  [28/93]

  (4) A certificate of approval issued under subsection (1) shall have no force or effect until a copy of the certificate and the merger agreement on which it is issued is lodged with the Registrar of Companies, and upon being so lodged the certificate shall take effect on and from the date of lodgment.
  [28/93]

  (5) No application to the Minister for a certificate of approval merging 2 or more banks may be made under subsection (1) unless —

  (a) the merger is between a bank and one or more banks which are wholly owned subsidiaries of that bank;

  (b) the banks proposing to merge have entered into a merger agreement; and

  (c) the application for the certificate of approval is made within 2 weeks from the date of execution of the merger agreement referred to in paragraph (b).
  [28/93;23/2001]

  (6) Where a certificate of approval is issued under subsection (1) merging the banks, those banks shall publish a notice of the approval of the merger at least once in a local Malay, English, Chinese and Tamil language daily newspaper within one week from the date of the certificate of approval.
  [28/93]

  (7) For the avoidance of doubt, it is hereby declared that sections 210 and 212 of the Companies Act (Cap. 50) shall not apply to the banks which have jointly applied for a certificate of approval under subsection (1).
  [28/93]

  Condition for issue of certificate of approval
  14B. —(1) The Minister shall not issue a certificate of approval under section 14A unless the application thereof is supported by satisfactory evidence that the applicants have complied with the requirements of that section in relation to the merger.
  [28/93]

  (2) Nothing in this Act shall be construed as precluding the Minister from refusing to issue or approve the issue of any certificate of approval under section 14A and any decision of the Minister under that section shall be final and shall not be called in question in any court.
  [28/93]

  Effect of merger
  14C. As from the date mentioned in section 14A (4), the provisions set out in the Second Schedule shall have effect and shall apply to the banks that are parties to the merger agreement on which a certificate of approval is issued under section 14A (1).
  [28/93]

  来源:驻新加坡经商参赞处
  责编:王萱

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