Deposit Insurance and Policy Owners’ Protection Schemes Act 2011

Deposit Insurance and Policy Owners’ Protection Schemes Act 2011 2020 REVISED EDITION This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021 An Act to reconstitute the Deposit Insurance Scheme for the purpose of providing limited compensation to insured depositors under certain circumstances, to establish a Policy Owners’ Protection Scheme for the purpose of compensating (in part or whole) or otherwise assisting or protecting insured policy owners and beneficiaries under certain circumstances, and for matters connected therewith. [1 May 2011] PART 1 PRELIMINARY Short title 1. This Act is the Deposit Insurance and Policy Owners’ Protection Schemes Act 2011. General interpretation 2.—(1) In this Act, unless the context otherwise requires — “accident and health policy” has the meaning given in the First Schedule to the Insurance Act 1966; “account with the electronic service”, in relation to any person, means a computer account within the electronic service which is assigned by the Authority to that person for the storage and retrieval of electronic records relating to that person; “Agency” means the company designated by the Minister under section 56 to be the deposit insurance and policy owners’ protection fund agency; “authentication code”, in relation to any person, means an identification or identifying code, a password or any other authentication method or procedure which is assigned to that person for the purposes of identifying and authenticating the access to and use of the electronic service by that person; “Authority” means the Monetary Authority of Singapore established under section 3 of the Monetary Authority of Singapore Act 1970; “bank” has the meaning given by section 2(1) of the Banking Act 1970; “beneficiary” — (a) in relation to an insured policy which is covered under the PPF Life Fund or the PPF General Fund, means any person entitled to claim benefits under the terms of that insured policy; and (b) in relation to an accidental death insurance cover provided by a PPF Scheme member before the inception of an insured policy, means any person entitled to the accidental death benefit under the terms of the cover; “book” includes any record, register, document or other record of information, and any account or accounting record, however compiled, recorded or stored, whether in written or printed form or on microfilm or in electronic form or otherwise; “captive insurer” has the meaning given by section 2 of the Insurance Act 1966; “Chief Executive” means the Chief Executive of the Agency appointed under section 62 and includes any person acting in that capacity; “claim event” means the contingency upon which policy moneys are payable under an insured policy; “client account”, in relation to an insured depositor, means an account maintained by the insured depositor with a DI Scheme member for the purpose of holding moneys by the insured depositor for a client of the insured depositor, whether or not other moneys may be held in that account; “commuted value”, in relation to an insured policy which provides for the payment of an annuity, means the present value of the expected future payments to be made — (a) for a term dependant on the continuation of human life; or (b) upon the death of the life assured or surrender of the insured policy by the insured policy owner, as specified under the terms of the insured policy; “company” has the meaning given by section 4(1) of the Companies Act 1967; “compulsory insurance policy” means any policy of insurance which complies with the requirements of — (a) the Motor Vehicles (Third‑Party Risks and Compensation) Act 1960; or (b) the Work Injury Compensation Act 2019 or the Work Injury Compensation Act (Cap. 354, 2009 Revised Edition) repealed by that Act; “corporation” has the meaning given by section 4(1) of the Companies Act 1967; “coupon deposit”, in relation to any insured policy, means any sum of money, being part of the policy moneys which the insurer is obliged to pay to the insured policy owner at agreed intervals under the terms of the insured policy which the insured policy owner instructs the insurer not to pay out to the insured policy owner but for the sum of money to be deposited with the insurer to earn interest at an agreed rate; “covered party” means — (a) an insured policy owner of an insured policy which is covered by the PPF Life Fund or the PPF General Fund, as the case may be; (b) the trustee of a trust of an insured policy which is covered by the PPF Life Fund or the PPF General Fund (as the case may be), in that capacity; or (c) a beneficiary in relation to — (i) an insured policy which is covered by the PPF Life Fund or the PPF General Fund, as the case may be; or (ii) an accidental death insurance cover provided by a PPF Scheme member before the inception of an insured policy; “CPFIS” means the Central Provident Fund Investment Scheme introduced by the Central Provident Fund Board under the Central Provident Fund (Investment Schemes) Regulations; “CPFRS” means any Retirement Sum Scheme established under any regulations made under section 77(1) of the Central Provident Fund Act 1953; “deposit” means a sum of money paid on terms — (a) under which it will be repaid, with or without interest or a premium, or with any consideration in money or money’s worth, either on demand or at a time or in circumstances agreed by or on behalf of the person making the payment and the person receiving it; and (b) which are not referable to the provision of property or services; “deposit-taking business” has the meaning given by section 4B of the Banking Act 1970; “depositor” means any person who is entitled to repayment of a deposit, whether or not the deposit is made by the person; “DI exempt member” means a full bank or finance company which has been exempted by the Authority under section 6 from the requirement to be a DI Scheme member; “DI Fund” means the Deposit Insurance Fund reconstituted under section 9; “direct insurer” has the meaning given by section 2 of the Insurance Act 1966; “DI Scheme” means the Deposit Insurance Scheme reconstituted under section 4; “DI Scheme member” means a member of the DI Scheme; “electronic record” has the meaning given by section 2 of the Electronic Transactions Act 2010; “electronic service” means the electronic service provided by the Authority under section 86; “excluded person” means — (a) any bank; (b) any person who carries on business activities outside of Singapore which, if conducted in Singapore, would require the person to be licensed under section 7 of the Banking Act 1970; and (c) such other person or class of persons as the Authority may prescribe; “failed DI Scheme member” means a DI Scheme member in respect of which the Authority has made a determination that compensation is to be paid out of the DI Fund under section 21(1), and any reference to “failure” in relation to a DI Scheme member is to be construed accordingly; “failed PPF Scheme member” means a PPF Scheme member in respect of which the Authority has made a determination under section 46(1) that the PPF Life Fund or the PPF General Fund is to be utilised for one or more of the purposes mentioned in section 46(2), and any reference to “failure” in relation to a PPF Scheme member is to be construed accordingly; “finance company” has the meaning given by section 2 of the Finance Companies Act 1967; “full bank” means any bank holding a licence granted by the Authority under the Banking Act 1970 which permits the bank to carry on the full range of banking business; “general business” and “life business” have the meanings given by section 3 of the Insurance Act 1966, read with section 4(3) of that Act; “group policy” means any policy of insurance in respect of which the policy owner is not an individual; “guaranteed policy liabilities”, in relation to insured policies, means the policy liabilities, relating to benefits guaranteed under the insured policies only, calculated in accordance with regulations prescribed pursuant to section 17 of the Insurance Act 1966 for the valuation of assets and liabilities in an insurance fund; “health policy” means any accident and health policy which is not a personal accident policy; “individual policy” means a policy of insurance in respect of which the policy owner is an individual; “insured deposit” has the meaning given in the First Schedule; “insured deposit base” has the meaning given by section 3; “insured depositor” means any person who is not an excluded person and is entitled to the repayment of any insured deposit, whether or not the insured deposit is made by the person, and includes — (a) in the case of a deposit held by a trustee under a trust, the trustee; and (b) to avoid doubt, in the case of a deposit held by a depositor in a client account, the depositor; “insured policy” means — (a) any life policy; (b) any accident and health policy; (c) any compulsory insurance policy; or (d) any specified personal line insurance policy which is a Singapore policy; “insured policy owner” means the policy owner of an insured policy; “life policy” has the meaning given in the First Schedule to the Insurance Act 1966; “liquidator” has the meaning given by section 2(1) of the Insolvency, Restructuring and Dissolution Act 2018; “marine mutual insurance business” means the business of providing the insurance of liabilities under insurance policies on the basis of mutual insurance — (a) upon goods, merchandise or property of any description transported on board any vessel, including incidental transit before and after shipment; (b) upon the freight of, or any other interest in or relating to, vessels; (c) upon vessels, or upon machinery, tackle furniture or equipment of vessels; (d) against damage arising out of or in connection with the use of vessels, including third‑party risks; (e) against risks incidental to the construction, repair or docking of vessels, including third‑party risks; or (f) against such other risks as the Authority considers to be connected with or incidental to marine adventures or any of the matters referred to in paragraphs (a) to (e); “Maximum DI Coverage” has the meaning given in the First Schedule; “non-voluntary group insurance policy” means a group policy to insure the lives of certain individuals which is not taken out at the request or discretion of any of the life assureds; “officer” has the meaning given by section 2(1) of the Banking Act 1970; “parent bank” has the meaning given by section 2(1) of the Banking Act 1970; “parent supervisory authority” has the meaning given by section 2(1) of the Banking Act 1970; “personal accident policy” means an accident and health policy in respect of which accident and health benefits are paid out only — (a) in the event of an injury to, or disability of, the life assured as a result of accident; (b) on the death by accident of the life assured; or (c) on the occurrence of a combination of the events referred to in paragraphs (a) and (b); “policy” has the meaning given in the First Schedule to the Insurance Act 1966; “policy owner” has the meaning given in the First Schedule to the Insurance Act 1966; “PPF exempt member” means a relevant insurer which has been exempted by the Authority under section 32 from the requirement to be a PPF Scheme member; “PPF General Fund” means the Policy Owners’ Protection General Fund established under section 34(1)(b); “PPF Life Fund” means the Policy Owners’ Protection Life Fund established under section 34(1)(a); “PPF Scheme” means the Policy Owners’ Protection Scheme established under section 30; “PPF Scheme member” means a member of the PPF Scheme; “premium year”, in relation to the determination and payment of premium contributions and levies, means such period as may be prescribed by the Authority as a premium year — (a) under section 12(4), in respect of the premium contributions payable by DI Scheme members; or (b) under section 37(4), in respect of the levies payable by PPF Scheme members; “prescribed product” means any product which is prescribed by the Authority as an insured deposit under the First Schedule; “protected liabilities” has the meaning given in the Third Schedule; “protection ratio” has the meaning given in the Fourth Schedule; “quantification date” means — (a) in the case of a DI Scheme member — (i) that is wound up by a court in Singapore, the date of commencement of winding up under the Insolvency, Restructuring and Dissolution Act 2018; (ii) that is wound up by a court in a country or territory outside Singapore, the date of commencement of winding up under the law of that country or territory; (iii) that is wound up by a court in Singapore and by a court in a country or territory outside Singapore, the date of commencement of winding up under the Insolvency, Restructuring and Dissolution Act 2018; (iv) that is wound up voluntarily in Singapore, the date of commencement of winding up under the Insolvency, Restructuring and Dissolution Act 2018; (v) that is wound up voluntarily in a country or territory outside Singapore, the date of commencement of winding up under the law of that country or territory; (vi) that is wound up voluntarily in Singapore and in a country or territory outside Singapore, the date of commencement of winding up under the Insolvency, Restructuring and Dissolution Act 2018; or (vii) in respect of which the Authority determines that compensation be paid out of the DI Fund under section 21(1) (whether the DI Scheme member is subsequently wound up or not), the date on which the notice of payment of compensation is published in the Gazette under section 21(4); and (b) in the case of a PPF Scheme member — (i) that is wound up by a court in Singapore, the date of commencement of winding up under the Insolvency, Restructuring and Dissolution Act 2018; (ii) that is wound up by a court in a country or territory outside Singapore, the date of commencement of winding up under the law of that country or territory; (iii) that is wound up by a court in Singapore and by a court in a country or territory outside Singapore, the date of commencement of winding up under the Insolvency, Restructuring and Dissolution Act 2018; (iv) that is wound up voluntarily in Singapore, the date of commencement of winding up under the Insolvency, Restructuring and Dissolution Act 2018; (v) that is wound up voluntarily in a country or territory outside Singapore, the date of commencement of winding up under the law of that country or territory; (vi) that is wound up voluntarily in Singapore and in a country or territory outside Singapore, the date of commencement of winding up under the Insolvency, Restructuring and Dissolution Act 2018; (vii) that is a co-operative society in respect of which the Registrar of Co‑operative Societies has made an order cancelling the registration of that society under section 89(1) of the Co‑operative Societies Act 1979, the date of the order; or (viii) in respect of which the Authority has made a determination under section 46(1) that the PPF Life Fund or the PPF General Fund is to be utilised for one or more of the purposes mentioned in section 46(2) (whether the PPF Scheme member is subsequently wound up or not), the date on which the notification of the Authority’s determination is published in the Gazette under section 46(6); “relevant insured deposits” has the meaning given by section 3; “relevant insurer” means — (a) a direct insurer licensed to carry on life business under the Insurance Act 1966 (other than a captive insurer); or (b) a direct insurer licensed to carry on general business under the Insurance Act 1966 (other than a captive insurer or specialist insurer); “repealed Act” means the Deposit Insurance Act (Cap. 77A, 2006 Revised Edition) repealed by this Act; “resolution fund” means a fund established under section 108 of the Financial Services and Markets Act 2022; [Act 18 of 2022 wef 10/05/2024] “resolution measure” has the meaning given by section 107 of the Financial Services and Markets Act 2022; [Act 18 of 2022 wef 10/05/2024] “Rules” means any rules issued by the Agency under section 63; “Singapore policy” has the meaning given in the First Schedule to the Insurance Act 1966; “specialist insurer” means — (a) an insurer which is licensed under section 11 of the Insurance Act 1966 and which is permitted by its licence to carry on the business of issuing financial guarantee policies; (b) an insurer which is licensed under section 11 of the Insurance Act 1966 as a direct insurer to carry on general business and which is permitted by its licence to carry on the business of issuing trade credit and political risk policies only; or (c) an insurer licensed under section 11 of the Insurance Act 1966 as a direct insurer to carry on general business and which is permitted to carry on marine mutual insurance business only; “specified personal line insurance policy” means any of the following policies of insurance issued to a natural person: (a) a policy of insurance which provides personal motor cover; (b) a policy of insurance which provides personal travel cover; (c) a policy of insurance which provides personal property (structure and contents) cover; (d) a policy of insurance which provides cover in connection with the employment of a foreign domestic worker; “Supplementary Retirement Scheme” has the meaning given by section 2(1) of the Income Tax Act 1947; “trustee”, in relation to a resolution fund, means the entity appointed under section 108(2) of the Financial Services and Markets Act 2022 as the trustee of the resolution fund; [Act 18 of 2022 wef 10/05/2024] “trust”, in relation to an insured policy which is covered under the PPF Life Fund or the PPF General Fund, means — (a) any trust of the policy moneys created under section 132(2) of the Insurance Act 1966; (b) any trust of the objects of the insured policy created under section 73 of the Conveyancing and Law of Property Act 1886; (c) any express trust created by the insured policy owner over the policy moneys; or (d) any resulting or constructive trust over the policy moneys; “trustee”, in relation to a trust, means a trustee of a trust in that capacity; “unclaimed moneys”, in relation to an insured policy issued by a failed PPF Scheme member, means any policy moneys which, as a result of a contingency happening, have been ascertained by the failed PPF Scheme member to be due and payable under that insured policy before the quantification date but which have not been paid to or have been paid but not yet received by the person entitled to payment of the policy moneys. [11/2013; 26/2016; 31/2017; 31/2018; 40/2018; 27/2019; 1/2020] (2) For the purposes of the definition of “deposit”, money is paid on terms which are referable to the provision of property or services if, and only if, it is paid by way of advance or part payment under a contract for the sale, hire or other provision of property or services, and is repayable only in the event that the property or services is or are not in fact sold, hired or otherwise provided. Meanings of “insured deposit base” and “relevant insured deposits” 3.—(1) In this Act, unless the context otherwise requires, “insured deposit base”, in relation to a DI Scheme member, means the aggregate of the amount of every relevant insured deposit of all the insured depositors of the DI Scheme member. (2) In subsection (1), “relevant insured deposits”, in relation to an insured depositor of a DI Scheme member, means — (a) the aggregate of the amounts, not exceeding the Maximum DI Coverage, of insured deposits placed with the DI Scheme member which — (i) are held by that insured depositor in the insured depositor’s own right; (ii) are held by that insured depositor in the insured depositor’s own right jointly with one or more persons in a joint account; (iii) where the insured depositor is a sole-proprietor, are held in the name of the sole-proprietorship; and (iv) consist of moneys denominated in Singapore dollars placed with the failed DI Scheme member under the Supplementary Retirement Scheme; (b) the amount, not exceeding the Maximum DI Coverage, of insured deposits held by that insured depositor as a trustee under a trust in every account opened with the DI Scheme member; (c) the amount, not exceeding the Maximum DI Coverage, of insured deposits held by that insured depositor in every client account opened with the DI Scheme member; (d) any moneys denominated in Singapore dollars placed by that insured depositor with the DI Scheme member under the CPFIS and CPFRS, not exceeding the Maximum DI Coverage; and (e) the amount, not exceeding the Maximum DI Coverage, of one or more prescribed products held by that insured depositor and placed with the DI Scheme member, which the Minister has, by order in the Gazette, determined that it or they must not be aggregated with any of the insured deposits under paragraphs (a), (b), (c) and (d) and must be subject to separate coverage under the DI Scheme of an amount not exceeding the Maximum DI Coverage, whether on its own or in aggregation with other prescribed products. [26/2016] (3) For the purposes of subsection (2) — (a) a reference to an insured deposit includes a reference to part of the insured deposit; (b) where an insured depositor holds an insured deposit in the insured depositor’s own right jointly with one or more persons in a joint account, each of them, whether or not each of them is an insured depositor, is deemed to have an equal share in the insured deposit unless there is an express provision to the contrary in the books of the DI Scheme member; (c) where there are 2 or more insured depositors holding any insured deposit in an account under a trust or a client account jointly, each of them is deemed to have an equal interest in the insured deposit; and (d) where the Minister does not make the determination referred to in subsection (2)(e) in respect of any prescribed product, that prescribed product must be aggregated with the insured deposits referred to in subsection (2)(a).