§ 2 — General interpretation

2.—(1) In this Act, unless the context otherwise requires —“Assistant Licensing Officer” means a public officer appointed under section 3(1)(b);

“authorised officer” means a public officer appointed under section 3(3);

“class licence” means a class licence determined under an order made under section 14(1);

“class licensee” means a person to whom an order under section 14(1) applies;

“code of practice” means a code of practice issued or approved by the Licensing Officer under section 16, and includes any such code of practice as amended from time to time under that section;

“compliance officer” means an individual appointed under section 4(1);

“corporation” has the meaning given by section 4(1) of the Companies Act 1967;

“debt” means a monetary obligation owed by a debtor;

“debt collection activity” means any activity undertaken in Singapore that involves finding the debtor of a debt or requesting, demanding or collecting from the debtor money due under the debt;

“debt collection business” means the business carried on by a person of collecting any debt from a debtor —(a)

on behalf of another person; or

(b)

where the firstmentioned person has acquired the debt;

“debt collector” means an individual who carries out any debt collection activity for or on behalf of another person;

“entity” means any of the following:(a)

a corporation registered under section 19 of the Companies Act 1967;

(b)

a sole proprietorship or partnership registered under the Business Names Registration Act 2014;

(c)

a limited liability partnership registered under the Limited Liability Partnerships Act 2005;

(d)

a limited partnership registered under the Limited Partnerships Act 2008;

(e)

an entity having a business or corporate structure as may be prescribed;

“excluded person” means a person specified in Part 1 of the First Schedule;

“inspecting officer” means the Licensing Officer, an Assistant Licensing Officer, an authorised officer or a police officer;

“key appointment holder”, in relation to an entity, means any of the following persons:(a)

where the entity is a corporation —(i)

a member of the board of directors or committee or board of trustees or other governing board of the corporation; or

(ii)

an individual for the time being holding the office of chairperson or chief executive officer of the corporation;

(b)

where the entity is a sole proprietorship — the sole proprietor;

(c)

where the entity is a partnership or limited partnership — a partner of the partnership or limited partnership, as the case may be;

(d)

where the entity is a limited liability partnership — a partner or manager of the limited liability partnership;

(e)

any person, other than a person mentioned in paragraph (a), (b), (c) or (d), by whatever name called, who is principally responsible for the management and conduct of the entity’s business activities;

“licence” means a licence granted or renewed under section 8;

“licensee” means a person who is the holder of a licence, but does not include a class licensee;

“Licensing Officer” means the public officer appointed under section 3(1)(a);

“modification” and “modify”, in relation to the conditions of a licence or the conditions of an approval granted under section 20 for an individual to be deployed as a debt collector of a licensee, include deleting, varying and substituting a condition, and adding a condition;

“police officer” has the meaning given by section 2(1) of the Police Force Act 2004;

“public authority” means —(a)

any Ministry, department of the Government or Organ of State; or

(b)

any body established or constituted by or under any public Act to perform a public function;

“regulated business” means a business specified in Part 2 of the First Schedule.

(2) For the purposes of this Act, any debt that is owed to a person who carries on a regulated business in the course of the regulated business includes a debt that is owed to the person as a consequence of a merger with, or acquisition of, a regulated business.

(3) For the purposes of this Act, a person (A) deploys an individual (B) as A’s debt collector, if B —(a)

is in the direct employment of, or acting for or by arrangement with, A; and

(b)

is authorised to carry out any debt collection activity for or on behalf of A.

(4) For the purposes of this Act —(a)

a licensee is not regarded as being granted a licence to carry on a debt collection business or to carry out any debt collection activity in the course of the business, during the period the licensee’s licence is suspended under section 22(2)(b) or 24(2);

(b)

a class licensee is not regarded as authorised under a class licence to carry out any debt collection activity to collect any debt that is owed to the class licensee in the course of the regulated business carried on by the class licensee, during the period the application of the class licence to that class licensee is suspended under section 22(2)(b) or 24(2); and

(c)

a licensee and an individual to whom approval is granted by the Licensing Officer under section 20 for the individual to be deployed as a debt collector of the licensee, are not regarded as being so approved during the period the approval is suspended under section 25(2)(c) or 27(2).

—(1) In this Act, unless the context otherwise requires —“Assistant Licensing Officer” means a public officer appointed under section 3(1)(b);

“authorised officer” means a public officer appointed under section 3(3);

“class licence” means a class licence determined under an order made under section 14(1);

“class licensee” means a person to whom an order under section 14(1) applies;

“code of practice” means a code of practice issued or approved by the Licensing Officer under section 16, and includes any such code of practice as amended from time to time under that section;

“compliance officer” means an individual appointed under section 4(1);

“corporation” has the meaning given by section 4(1) of the Companies Act 1967;

“debt” means a monetary obligation owed by a debtor;

“debt collection activity” means any activity undertaken in Singapore that involves finding the debtor of a debt or requesting, demanding or collecting from the debtor money due under the debt;

“debt collection business” means the business carried on by a person of collecting any debt from a debtor —(a)

on behalf of another person; or

(b)

where the firstmentioned person has acquired the debt;

“debt collector” means an individual who carries out any debt collection activity for or on behalf of another person;

“entity” means any of the following:(a)

a corporation registered under section 19 of the Companies Act 1967;

(b)

a sole proprietorship or partnership registered under the Business Names Registration Act 2014;

(c)

a limited liability partnership registered under the Limited Liability Partnerships Act 2005;

(d)

a limited partnership registered under the Limited Partnerships Act 2008;

(e)

an entity having a business or corporate structure as may be prescribed;

“excluded person” means a person specified in Part 1 of the First Schedule;

“inspecting officer” means the Licensing Officer, an Assistant Licensing Officer, an authorised officer or a police officer;

“key appointment holder”, in relation to an entity, means any of the following persons:(a)

where the entity is a corporation —(i)

a member of the board of directors or committee or board of trustees or other governing board of the corporation; or

(ii)

an individual for the time being holding the office of chairperson or chief executive officer of the corporation;

(b)

where the entity is a sole proprietorship — the sole proprietor;

(c)

where the entity is a partnership or limited partnership — a partner of the partnership or limited partnership, as the case may be;

(d)

where the entity is a limited liability partnership — a partner or manager of the limited liability partnership;

(e)

any person, other than a person mentioned in paragraph (a), (b), (c) or (d), by whatever name called, who is principally responsible for the management and conduct of the entity’s business activities;

“licence” means a licence granted or renewed under section 8;

“licensee” means a person who is the holder of a licence, but does not include a class licensee;

“Licensing Officer” means the public officer appointed under section 3(1)(a);

“modification” and “modify”, in relation to the conditions of a licence or the conditions of an approval granted under section 20 for an individual to be deployed as a debt collector of a licensee, include deleting, varying and substituting a condition, and adding a condition;

“police officer” has the meaning given by section 2(1) of the Police Force Act 2004;

“public authority” means —(a)

any Ministry, department of the Government or Organ of State; or

(b)

any body established or constituted by or under any public Act to perform a public function;

“regulated business” means a business specified in Part 2 of the First Schedule.

(2) For the purposes of this Act, any debt that is owed to a person who carries on a regulated business in the course of the regulated business includes a debt that is owed to the person as a consequence of a merger with, or acquisition of, a regulated business.

(3) For the purposes of this Act, a person (A) deploys an individual (B) as A’s debt collector, if B —(a)

is in the direct employment of, or acting for or by arrangement with, A; and

(b)

is authorised to carry out any debt collection activity for or on behalf of A.

(4) For the purposes of this Act —(a)

a licensee is not regarded as being granted a licence to carry on a debt collection business or to carry out any debt collection activity in the course of the business, during the period the licensee’s licence is suspended under section 22(2)(b) or 24(2);

(b)

a class licensee is not regarded as authorised under a class licence to carry out any debt collection activity to collect any debt that is owed to the class licensee in the course of the regulated business carried on by the class licensee, during the period the application of the class licence to that class licensee is suspended under section 22(2)(b) or 24(2); and

(c)

a licensee and an individual to whom approval is granted by the Licensing Officer under section 20 for the individual to be deployed as a debt collector of the licensee, are not regarded as being so approved during the period the approval is suspended under section 25(2)(c) or 27(2).