新加坡将通过新法案 公司秘书服务提供商CSP法案 加强对反洗钱以及公司挂名董事合规性的监管和处罚

Proposed enhancements to regulatory regime ACRA's legislative proposals are:

to enact a new CSP Bill requiring all entities or persons providing corporate secretarial services in and from Singapore to register with ACRA as Corporate Service Providers ("CSPs") under the new CSP Bill, regardless of whether they need to transact with ACRA;

to increase the maximum financial penalty for breaches of terms and conditions of registration by Registered Filing Agents ("RFAs") and CSPs from $25,000 per breach to at least $50,000 per breach;

to increase the maximum financial penalty for breaches of terms and conditions of registration by Registered Qualified Individuals ("RQIs") from $10,000 per breach to $20,000 per breach;

to introduce a fine not exceeding $100,000 for breaches of anti-money laundering/ countering the financing of terrorism obligations (“AML/ CFT obligations”) by, inter alia, directors, owners, partners of CSPs, committed with the connivance of, or attributable to any neglect by these individuals;

to introduce a requirement for CSPs to conduct screening of their customers against prescribed sources of information, and to perform risk assessment on their customers;

to introduce a requirement for CSPs to introduce group-wide AML/ CFT obligations covering their branches or subsidiaries in Singapore or elsewhere to mitigate the risks of money laundering/ terrorism financing;

to remove the requirement for RFAs to display their notices of registration conspicuously at every place of business at which they carry out the function of a filing agent;

to introduce a requirement for CSPs to provide ACRA with copies of Suspicious Transaction Reports that they file with the Suspicious Transaction Reporting Office;

to remove the existing exemptions which provide that RFAs do not have to inquire on the existence of beneficial owners in relation to a customer which is a Singapore government entity or a foreign government entity;

to introduce a provision that the AML/CFT obligations for CSPs will also cover financing of the proliferation of weapons of mass destruction;

to introduce a requirement for CSPs to ensure that individuals they appoint to act as nominee directors are fit and proper; and satisfy prescribed training requirements, if they hold more than a legally prescribed number of nominee directorships by way of business (unless they are qualified persons); and

to introduce a new requirement for nominee directors and shareholders to disclose their nominee status and the identity of their nominator to ACRA and for ACRA to maintain such information. The nominee status of the director/shareholder will be made publicly available.

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