Individuals acting as debt collectors
17.—(1) An individual must not, on or after the start date, act as a debt collector for a person who carries on a debt collection business unless —(a)
the person is a licensee which is approved to deploy the individual as the licensee’s debt collector under section 20; or
(b)
the person is the individual’s employer and is an excluded person.
(2) An individual must not, on or after the start date, act as a debt collector for a person who carries on a regulated business unless —(a)
the person is the individual’s employer and is a class licensee; and
(b)
the individual is deployed by the person as the person’s debt collector in respect of a debt that the person is authorised to collect under a class licence that is applicable to the person.
(3) An individual who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction —(a)
to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; but
(b)
where the individual is a repeat offender — to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.
(4) In this section, “start date” means the date which falls 3 months after the date of commencement of this section.
Deployment of individuals to perform debt collection activities by licensees
18.—(1) A licensee must not deploy an individual as the licensee’s debt collector unless the Licensing Officer has granted approval under section 20 for the individual to be deployed as a debt collector by the licensee.
(2) A licensee who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —(a)
to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; but
(b)
where the licensee is a repeat offender — to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.
Application for approval
19.—(1) An application for approval for a licensee to deploy an individual as a debt collector of the licensee must be made jointly by the licensee and the individual to the Licensing Officer in accordance with this section.
(2) To avoid doubt —(a)
the Licensing Officer may grant approval for an individual to be deployed as a debt collector of 2 or more licensees; but
(b)
each of the licensees mentioned in paragraph (a) must (jointly with the individual) make a separate application under subsection (1) for the Licensing Officer’s approval for the individual to be deployed as a debt collector of that licensee.
(3) An application under subsection (1) must —(a)
be in the form and manner required by the Licensing Officer;
(b)
be accompanied by a non-refundable application fee (if prescribed) paid in the manner required by the Licensing Officer; and
(c)
be accompanied by any information the Licensing Officer requires to determine the application.
(4) The Licensing Officer or an authorised officer may —(a)
carry out any inquiry or investigation in relation to an application under subsection (1) that is necessary for a proper consideration by the Licensing Officer of the application; and
(b)
request that the applicants provide, within a specified time, any additional information that the Licensing Officer requires for a proper consideration of the application.
(5) The Licensing Officer may refuse an application under subsection (1) —(a)
that is incomplete or otherwise not made in accordance with this section; or
(b)
if the applicants fail to provide the additional information requested under subsection (4)(b).
Grant of approval
20.—(1) After considering an application for approval for an individual to be deployed as a debt collector of a licensee, the Licensing Officer may —(a)
on payment of a fee (if prescribed), grant the approval; or
(b)
refuse (without compensation) to grant the approval.
(2) The Licensing Officer must not grant approval for an application if the Licensing Officer is satisfied that the individual is not a fit and proper person to be deployed as a debt collector by the licensee.
(3) In determining whether an individual is a fit and proper person to be deployed as a debt collector by the licensee, the Licensing Officer may have regard to, and give any weight that the Licensing Officer considers appropriate to, any criteria and requirement that is prescribed.
(4) To avoid doubt, the Licensing Officer is not confined to consideration of the criteria and requirements prescribed under subsection (3) and may take into account any other matter or evidence that may be relevant.
Conditions of approval
21.—(1) In granting any approval under section 20 in respect of an individual, the Licensing Officer may impose any condition on the licensee or the individual (or both) that the Licensing Officer considers requisite or expedient having regard to the purpose of this Act.
(2) Without limiting subsection (1), an approval granted under section 20 may be subject to conditions —(a)
requiring the licensee or the individual (or both) to notify the Licensing Officer of any change in the particulars of the individual in respect of whom the approval is granted; and
(b)
requiring the licensee to take reasonable steps to ensure that the individual carries out any debt collection activity in compliance with one or more other conditions imposed under subsection (1).
(3) Subject to subsections (4), (5) and (6), it is lawful for the Licensing Officer to modify the conditions of an approval without compensating the licensee or the individual in respect of whom the approval is granted.
(4) Before modifying any conditions of an approval, the Licensing Officer must give notice to the licensee and the individual in respect of whom the approval is granted, respectively —(a)
stating that the Licensing Officer intends to make the modification in the manner specified in the notice; and
(b)
specifying the time (being at least 14 days after the date of service of the notice on the licensee and the individual or (where the notices are served on the licensee and the individual on different dates) on the later of those dates) within which the licensee and the individual may make their written representations to the Licensing Officer with respect to the proposed modification.
(5) Upon receiving any written representation mentioned in subsection (4)(b), the Licensing Officer must consider that representation and may —(a)
reject the representation;
(b)
amend the proposed modification in any manner that the Licensing Officer thinks fit having regard to the representation; or
(c)
withdraw the proposed modification.
(6) Where —(a)
the Licensing Officer rejects any written representation under subsection (5)(a);
(b)
the Licensing Officer amends any proposed modification to the conditions of the approval under subsection (5)(b); or
(c)
no representation is received by the Licensing Officer within the time specified in subsection (4)(b), or any representation made under that provision is subsequently withdrawn, and the licensee or the individual, or both (as the case may be) have not given immediate effect to the modification,
the Licensing Officer must issue a direction in writing to the licensee, or the individual, or both (as the case may be) requiring the licensee or the individual, or both (as the case may be), within the time specified by the Licensing Officer, to give effect to the modification as specified in the notice under subsection (4) or as amended by the Licensing Officer, as the case may be.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
