§ 25 — Regulatory action in respect of approved individuals

25.—(1) Subject to section 26, the Licensing Officer may (without compensation) cancel an approval granted under section 20 for an individual to be deployed as a debt collector of a licensee on any of the following grounds:(a)

any ground that would have entitled the Licensing Officer to refuse an application for approval in respect of the individual;

(b)

the individual is, in the opinion of the Licensing Officer, no longer a fit and proper person to be deployed by the licensee as the licensee’s debt collector, having regard to the criteria or requirements mentioned in section 20(3) or the matter or evidence mentioned in section 20(4);

(c)

the approval had been obtained by fraud or misrepresentation;

(d)

the individual has (during the period of approval) been —(i)

convicted of an offence under this Act;

(ii)

convicted, whether in Singapore or elsewhere, of an offence involving dishonesty or the conviction for which involved a finding that the individual had acted dishonestly;

(iii)

convicted of an offence specified in the Second Schedule; or

(iv)

ordered to be detained under Part 5 of the Criminal Law (Temporary Provisions) Act 1955 or Chapter 2 of Part 2 of the Internal Security Act 1960;

(e)

the licensee or individual has contravened or not complied with —(i)

any condition of the approval that is applicable to the licensee or individual, as the case may be;

(ii)

any provision of this Act applicable to the licensee or individual, the contravention of or non‑compliance with which is not an offence under this Act; or

(iii)

any direction issued under subsection (2)(b) or section 26(5).

(2) However, the Licensing Officer may, in lieu of cancelling the approval, do (without compensation) one or more of the following:(a)

modify any condition of the approval;

(b)

direct the licensee or individual to do, or to refrain from doing, the things that are specified in a direction to rectify any contravention or non‑compliance mentioned in subsection (1)(e);

(c)

suspend the approval in respect of the individual carrying out all or any debt collection activities for not more than 6 months.

(3) In taking any regulatory action under this section in relation to the conviction of an individual for a criminal offence, the Licensing Officer may accept the individual’s conviction as final.

—(1) Subject to section 26, the Licensing Officer may (without compensation) cancel an approval granted under section 20 for an individual to be deployed as a debt collector of a licensee on any of the following grounds:(a)

any ground that would have entitled the Licensing Officer to refuse an application for approval in respect of the individual;

(b)

the individual is, in the opinion of the Licensing Officer, no longer a fit and proper person to be deployed by the licensee as the licensee’s debt collector, having regard to the criteria or requirements mentioned in section 20(3) or the matter or evidence mentioned in section 20(4);

(c)

the approval had been obtained by fraud or misrepresentation;

(d)

the individual has (during the period of approval) been —(i)

convicted of an offence under this Act;

(ii)

convicted, whether in Singapore or elsewhere, of an offence involving dishonesty or the conviction for which involved a finding that the individual had acted dishonestly;

(iii)

convicted of an offence specified in the Second Schedule; or

(iv)

ordered to be detained under Part 5 of the Criminal Law (Temporary Provisions) Act 1955 or Chapter 2 of Part 2 of the Internal Security Act 1960;

(e)

the licensee or individual has contravened or not complied with —(i)

any condition of the approval that is applicable to the licensee or individual, as the case may be;

(ii)

any provision of this Act applicable to the licensee or individual, the contravention of or non‑compliance with which is not an offence under this Act; or

(iii)

any direction issued under subsection (2)(b) or section 26(5).

(2) However, the Licensing Officer may, in lieu of cancelling the approval, do (without compensation) one or more of the following:(a)

modify any condition of the approval;

(b)

direct the licensee or individual to do, or to refrain from doing, the things that are specified in a direction to rectify any contravention or non‑compliance mentioned in subsection (1)(e);

(c)

suspend the approval in respect of the individual carrying out all or any debt collection activities for not more than 6 months.

(3) In taking any regulatory action under this section in relation to the conviction of an individual for a criminal offence, the Licensing Officer may accept the individual’s conviction as final.