Section 81 — Exercise of powers under this Division

(1)In exercising any power under this Division, the Authority must have regard to the desirability of giving each pre‑resolution creditor or pre‑resolution shareholder of a Division 6 FI the priority and treatment the pre‑resolution creditor or pre‑resolution shareholder would have enjoyed had the Division 6 FI been wound up.

(2)In determining whether to exercise its powers in accordance with the priority and treatment a pre‑resolution creditor or pre‑resolution shareholder of a Division 6 FI would have enjoyed had the Division 6 FI been wound up, the Authority may consider the following:

(a)any widespread adverse impact that the Division 6 FI’s failure would have on the financial system in Singapore or the economy of Singapore, or both;

(b)the need to maximise value for the benefit of all creditors of the Division 6 FI as a whole;

(c)the public interest;

(d)any other matter that the Authority considers relevant.

(3)Any exercise of a power under this Division does not prevent the exercise of any other power of the Authority or the Minister under this Act or the relevant Act applicable to the Division 6 FI or resulting FI.