response to feedback received public ......credit card and unsecured credit rules was published on...

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1 RESPONSE TO FEEDBACK RECEIVED PUBLIC CONSULTATION ON LEGISLATIVE AMENDMENTS TO CREDIT CARD AND UNSECURED CREDIT RULES CONTENTS 1 Introduction ............................................................................................. 2 2 Definitions................................................................................................ 2 3 Excluded unsecured credit facilities ......................................................... 5 4 Corporate and business cards ................................................................ 11 5 Minimum qualifying criteria ................................................................... 13 6 Regulatory credit limits (2/4 months’ income) ....................................... 14 7 60 days past due rule ............................................................................. 15 8 12 months’ income industry-wide limit.................................................. 19 9 Solicitation restrictions .......................................................................... 24 10 Information calling credit-worthiness into question .............................. 29 11 Credit bureau checks ............................................................................. 32 12 Income checks ....................................................................................... 36 13 Disclosure requirements ........................................................................ 40 14 Reporting requirements in notices 759 and 760 .................................... 44 15 Implementation timeline ....................................................................... 50 16 Annex ..................................................................................................... 53

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Page 1: RESPONSE TO FEEDBACK RECEIVED PUBLIC ......credit card and unsecured credit rules was published on 11 Sep 2013 (“the onsultation Paper”). The consultation closed on 10 Oct 2013,

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RESPONSE TO FEEDBACK RECEIVED –

PUBLIC CONSULTATION ON LEGISLATIVE AMENDMENTS TO CREDIT CARD

AND UNSECURED CREDIT RULES

CONTENTS

1 Introduction ............................................................................................. 2

2 Definitions................................................................................................ 2

3 Excluded unsecured credit facilities ......................................................... 5

4 Corporate and business cards ................................................................ 11

5 Minimum qualifying criteria ................................................................... 13

6 Regulatory credit limits (2/4 months’ income) ....................................... 14

7 60 days past due rule ............................................................................. 15

8 12 months’ income industry-wide limit .................................................. 19

9 Solicitation restrictions .......................................................................... 24

10 Information calling credit-worthiness into question .............................. 29

11 Credit bureau checks ............................................................................. 32

12 Income checks ....................................................................................... 36

13 Disclosure requirements ........................................................................ 40

14 Reporting requirements in notices 759 and 760 .................................... 44

15 Implementation timeline ....................................................................... 50

16 Annex ..................................................................................................... 53

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1 INTRODUCTION

1.1 A public consultation paper on draft legislative amendments to the

credit card and unsecured credit rules was published on 11 Sep 2013 (“the

Consultation Paper”). The consultation closed on 10 Oct 2013, with feedback

received from the Association of Banks in Singapore (“ABS”)1, Financial

Institutions (“FIs”) and members of the public.

1.2 MAS has carefully considered the feedback received, and comments

that are of wider interest, together with our responses, are set out below.

MAS has also taken the feedback into account in finalising the amendments to

the Banking (Credit Card and Charge Card) Regulations (“Credit Card

Regulations”), MAS Notices 118, 635, 827, 1109, 116, 633, 826, 1107, 603, 759

and 760.2 We thank all respondents for their comments.

2 DEFINITIONS

Definition of “unsecured credit facility”

Fluctuations in the value of security provided

Feedback

2.1 Respondents sought clarification whether a facility that is fully secured

when it is granted will be considered an “unsecured credit facility” and be

caught within the ambit of the unsecured credit rules if the value of the

security provided subsequently drops to less than the balance outstanding.

MAS’ Response

2.2 MAS has clarified in the final Regulations and Notices that whether a

credit facility is to be deemed to be secured is determined at the point when

the facility is granted. The unsecured credit rules will therefore not apply to

those credit facilities that are fully secured at the point of inception.

1 ABS submitted comments on behalf of 13 FIs.

2 In these Responses, the final revised rules issued on 29 November 2013 are referred to as “final

Regulations and Notices”, while the draft revised rules set out in the Consultation Paper issued on 11 September 2013 are referred to as “draft revised Regulations and Notices”.

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Definition of outstanding amounts

Amounts in default or written off

Feedback

2.3 One respondent sought clarification as to whether amounts in default

and written off have to be included in a borrower’s outstanding amount for the

purpose of determining an individual’s total outstanding unsecured amount.

MAS’ Response

2.4 Amounts that are in default and written off have to be included in a

borrower’s outstanding amount unless there is legal certainty to the borrower

that the lender will no longer seek repayment of the defaulted amount, for

example, where the lender has executed a settlement agreement with the

borrower or where the borrower has been discharged from bankruptcy in

relation to the defaulted amount.

Amounts outstanding on guaranteed cards

Feedback

2.5 One respondent sought clarification on the requirement to include at

least 20% of the amount outstanding on an unsecured credit/charge card

issued to an individual above 55 years old, that has been guaranteed by a

Singapore guarantor (“guaranteed card”), in the Singapore guarantor’s

aggregate outstanding amount.

MAS’ Response

2.6 In determining whether a Singapore guarantor’s overall debt has

exceeded the 12 months’ income industry-wide limit, at least 20% of the

outstanding amount on the card guaranteed by the Singapore guarantor has to

be included in the guarantor’s overall unsecured debt.3 The definition in the

3 For the purpose of ensuring ongoing compliance with the per FI credit limit of 2 months’ or 4 months’

income, however, the entire amount outstanding on a guaranteed card has to be included in the Singapore guarantor’s aggregate outstanding card amount and total outstanding unsecured amount. This is consistent with the proposal consulted upon in December 2012. The definitions in the final Credit Card Regulations for “aggregate outstanding card amount” and “total outstanding unsecured amount” have been clarified to reflect this.

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final Credit Card Regulations for “cumulative total outstanding unsecured

amount” has been clarified to reflect this.

Amounts outstanding on joint loans

Feedback

2.7 One respondent noted that the rules deem a borrower’s share of the

outstanding balance of an unsecured credit facility to be the outstanding

balance divided by the number of borrowers to the loan. The respondent

asked whether the number of joint borrowers will be reported by the credit

bureaus and, if not, whether FIs can rely on customer declarations to

determine the number of joint borrowers to an unsecured credit facility.

MAS Response

2.8 FIs should discuss with the credit bureaus how they want information

on the number of joint borrowers to be reported. The credit bureaus currently

already indicate whether a loan was taken out by single or joint borrowers. If

FIs are unable to determine the borrower’s share of the outstanding balance

from the information in the credit bureaus, FIs should obtain a copy of the loan

agreement, where possible, to ascertain the number of joint borrowers to the

loan.

Definition of “Singapore borrower”

Whether the unsecured credit rules apply to all individuals regardless of nationality

Feedback

2.9 One respondent sought confirmation whether the unsecured credit

rules apply to all individuals regardless of nationality.

MAS Response

2.10 The unsecured credit rules generally apply to all individuals regardless

of nationality. Where a rule is intended to apply only to Singapore citizens and

permanent residents, the term “Singapore borrower” is used.

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3 EXCLUDED UNSECURED CREDIT FACILITIES

Scope of application

Application of rules to excluded unsecured credit facilities

Feedback

3.1 One respondent requested that MAS provide detailed guidance on the

application of each of the requirements in MAS’ credit cards and unsecured

credit rules to each type of excluded credit facility.

MAS’ Response

3.2 FIs should refer to the final Regulations and Notices to determine their

scope of application. Unless specifically carved out in the relevant provisions,

the requirements apply to all excluded credit facilities.

Renovation loans

Maximum amount of renovation loan permitted

Feedback

3.3 One respondent sought clarification as to the maximum amount of

renovation loan that could be granted, citing an example of a renovation loan

granted jointly to a main borrower (who has a monthly income of $2,500) and

a joint borrower (who has a monthly income of $1,000). The respondent also

sought clarification on the maximum amount of subsequent renovation loans

that can be granted to each of these borrowers.

MAS Response

3.4 Each borrower’s share of a renovation loan is capped at the lower of

$30,000 or 6 months’ income of the borrower. The maximum amount of a joint

renovation loan is therefore pegged to the income of the party with the lower

income. In the example cited, assuming that neither have any other

renovation loans, the maximum amount of the joint renovation loan that can

be granted would be $12,000 (the joint borrower’s half share of the joint

renovation loan = $6,000 = 6 months of his income).

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3.5 The maximum amount of a subsequent renovation loan that the main

borrower can obtain is $9,000 (6 months of his income – his half share of the

joint renovation loan = 6 x $2,500 - $6,000 = $9,000).4 The joint borrower will

not be able to obtain any further renovation loan as half of the joint

renovation loan already amounts to 6 months of his income.

Proof of relationship and loan tenure

Feedback

3.6 One respondent sought confirmation that FIs can rely on customer

declarations as proof of the relationship of joint borrowers and that the loan

repayment period does not exceed 5 years.

MAS Response

3.7 FIs should obtain objective documentary proof, such as a marriage

certificate or birth certificate, of joint borrowers’ relationship where possible.

FIs should rely on the loan agreement to determine that the loan repayment

period does not exceed 5 years.

Checks in relation to earlier renovation loans

Feedback

3.8 One respondent asked if outstanding balance of renovation loans

would be available in the credit bureaus.

MAS Response

3.9 The outstanding balances of renovation loans should be reported to

and by the credit bureaus, as part of borrowers’ aggregate outstanding

balances.

4 This assumes that the full amount of the joint renovation loan remains unpaid. If part of the joint

renovation loan has been repaid, his half share of the renovation loan should be computed based on the balance that remains outstanding on the joint renovation loan.

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Whether checks required in relation to renovation loans only apply to non-card applicants

Feedback

3.10 One respondent noted that specific checks on renovation loans are

stated in MAS Notice 635 but not in the Credit Card Regulations, and asked if

the checks are only required in relation to non-card applicants.

MAS’ Response

3.11 Checks are required of all excluded renovation loans, regardless of

whether the borrower is a cardholder or not. The requirements are only set

out in MAS Notice 635, and not the Credit Card Regulations, because

renovation loans are considered unsecured credit facilities, not credit cards or

charge cards.

Action to be taken if marriage certificate is not provided within 3 months

Feedback

3.12 One respondent commented that it would be onerous for FIs to adjust

credit lines to comply with the limits set out in Appendix 1 of the draft revised

Notice 635 when borrowers who take a renovation loan jointly with their

fiancé/fiancée fail to submit their marriage certificates within 3 months of the

disbursement of the loan.

MAS’ Response

3.13 The rules currently only allow renovation loans granted jointly to a

borrower and his/her spouse5 to be excluded from the unsecured credit rules.

However, in recognition of engaged couples’ need to finance the renovation of

their future homes, MAS will further allow renovation loans taken jointly by a

borrower with his/her fiancé/fiancée to be excluded from the unsecured credit

limits.6 This is a liberalisation of existing rules and, to avoid circumvention of

5 Or a child, parent or sibling.

6 Such renovation loans will be excluded from the minimum income qualify criterion, the 2/4 months’

income per-FI credit limit, the 60 days past due rule and the 12 months’ income industry-wide limit.

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the rules, it is essential for couples seeking to qualify for exclusion to submit a

marriage certificate within 3 months of the disbursement of their renovation

loan as evidence of their intent to marry.

3.14 FIs that find it excessively burdensome to adjust credit lines when

borrowers do not submit their marriage certificates within 3 months of the

disbursement of their renovation loans can choose to:

(a) disburse single-borrower loans; or

(b) disburse a joint-borrower loan where the total amount disbursed

prior to the receipt of the marriage certificate, when added to

the borrowers’ respective shares of all earlier renovation loans,

does not exceed the lower of the following:

(i) 6 months’ income of either of the borrowers; and

(ii) $30,000.

Renovation loans granted to engaged or married couples who subsequently divorce

Feedback

3.15 One respondent asked whether FIs are required to take any steps in

relation to a renovation loan granted jointly to an engaged or married couple,

if they subsequently divorce.

MAS’ Response

3.16 No. FIs are not required to take any steps when an engaged or married

couple subsequently divorce, provided that the prescribed checks and

conditions were satisfied when the loan was granted. In relation to renovation

loans granted to engaged couples, this would include providing a copy of their

marriage certificate to the lender within 3 months of the disbursement of the

loan.

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Other excluded unsecured credit facilities

Bridging loans

Feedback

3.17 One respondent commented that bridging loans should not be deemed

to be unsecured credit facilities as that would cause borrowers’ aggregate total

outstanding unsecured amounts to exceed 12 months of their income.

MAS’ Response

3.18 MAS’ Bridging Loan Notices (MAS Notices 633, 826, 1107 and 116)

currently already subject unsecured bridging loans to regulatory credit limits.

However, bridging loans that are secured on the property to be sold, or the

proceeds from the sale thereof, are deemed to be secured credit facilities and

thus will not be subject to the regulatory limits on unsecured debt.

Business loans

Feedback

3.19 One respondent queried whether business loans and unsecured trade

lines such as letters of credit, trust receipts, import/export financing,

receivables financing granted to non-individuals, such as companies, were

subject to the overall credit limit in MAS’ unsecured credit rules.

MAS’ Response

3.20 MAS’ unsecured credit rules set out in MAS Notices 635, 827, 1109,

118, 633, 826, 1107, and 116 do not apply to loans granted to non-individuals

such as companies.

Share financing loans

Feedback

3.21 One respondent sought confirmation that the minimum income

requirement, the per-FI regulatory credit limit of 2/4 months’ income and the

industry-wide 12 months’ income limit will not apply to share financing loans

for the purchase of shares in the secondary market.

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MAS’ Response

3.22 Yes, the share financing loans referred to in regulation 6(9)(h) of the

final Credit Card Regulations include loans for the purchase of shares through

IPOs as well as in the secondary market.

Staff loans

Feedback

3.23 One respondent queried whether amounts outstanding on secured

loans have to be included in the aggregate of the outstanding balances of all

earlier loans granted to a lender’s officer or employee. Another respondent

sought clarification as to whether the total amount of unsecured credit that a

FI could grant to an officer or employee was capped at:

(a) one year of the officer or employee’s emoluments; or

(b) one year’s emoluments, and two months’ income (if his annual

income was less than $30,000) or four months’ income (if his

annual income was at least $30,000).

MAS’ Response

3.24 Only amounts outstanding on unsecured credit facilities have to be

included in computing the aggregate of the outstanding balances of all earlier

loans granted by a lender to its officer or employee. Where the loan granted

earlier is only partially secured, only the difference between the amount of the

loan and the market value7 of the security has to be included.

3.25 The maximum amount of unsecured credit that a FI can grant to an

officer or employee is one year of the individual’s emoluments, excluding

those loans listed in regulations 6(9)(a) to (h) of the final Credit Card

Regulations.

7 This could be either the market value of the security at the time the loan was granted, or the latest market

value of the security documented in the lender’s records.

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4 CORPORATE AND BUSINESS CARDS

Scope of application of the credit card rules

Whether credit card rules apply to corporate and business cards

Feedback

4.1 Several respondents submitted that corporate and business cards

should be exempted from the credit card rules because such cards are issued

based on the financial standing of the corporate/businesses rather than the

credit-worthiness of the cardholders.

MAS Response

4.2 MAS agrees that corporate and business cards where the cardholder

bears no personal liability can be exempted from the credit card rules. This has

been clarified in the final Credit Card Regulations.

4.3 However, some social safeguards should be applied to corporate and

business cards for which the cardholders bear some liability. Examples include

cards in respect of which the corporation and business share liability with the

cardholder on a joint and several basis. For such cards, FIs are already required

to abide by the rules relating to solicitation, disclosure of fees and charges, and

credit bureau checks. FIs are also required to apply the minimum income

requirements to corporate and business cards, except where (i) the card is

required for travel overseas and for the purchase goods and services in

connection with the travel or business; or (ii) the card cannot be used for

personal and entertainment purposes. These rules will continue to apply,

including the new rules that require FIs to:

(a) review aggregate outstanding balances and credit limits of

facilities reported to the credit bureaus in credit bureau checks;

(b) conduct income and credit bureau checks before increasing

credit limits and when negative information is received on the

cardholders’ credit-worthiness;

(c) obtain the cardholders’ consent to credit limit increases, and

the amounts thereof;

(d) request their cardholders to indicate their preferred credit

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limits when granting new applications and when increasing

credit limits; and

(e) provide enhanced disclosure on how debt will accumulate if

outstanding balances are not paid in full.

4.4 To facilitate payment of business expenses, corporate and business

cards will be exempted from the regulatory credit limits (2/4 months’ income

per FI, and 12 months’ income on an industry-wide basis) and the 60 days past

due rule. The application of the credit card rules to corporate and business

cards is summarised in the Annex for ease of reference.

4.5 Given the exemptions allowed to corporate/business cards, MAS urges

FIs to be alert to the risk of corporate/business cards being used as a means to

circumvent credit card rules applied on individuals. MAS is also of the view

that individuals may take on the corporate liability of their employers through

corporate/business cards with joint and several liability. As this exposes the

individuals to debt incurred by their employers, MAS will further review the

industry’s practice of issuing corporate/business cards with such shared

liability.

Whether FIs have to obtain the corporation’s consent to the credit limits

of corporate cards

Feedback

4.6 It was asked whether FIs have to obtain the consent of the corporation

on the credit limit of the corporate cards.

MAS Response

4.7 FIs are only required to obtain the cardholders’ consent to the credit

limits of corporate cards with personal liability. Apart from the rules, FIs may

wish to consider if it is a good practice to obtain the consent of the corporation

on the credit limits of corporate cards.

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5 MINIMUM QUALIFYING CRITERIA

Application of the minimum income requirement

Whether the minimum income requirement applies on an ongoing basis

Feedback

5.1 One respondent sought confirmation that existing principal cardholders

are not required to meet the minimum income criterion for the issue of new

unsecured credit cards.

MAS’ Response

5.2 The minimum income criterion only applies at the point of application

of the first unsecured credit card or charge card with the FI. However, even for

new unsecured credit cards issued to existing cardholders, the credit limits for

these new cards must take into account the income profiles of the cardholders.

Minimum qualifying criteria for individuals above 55 years old

Whether one or more minimum requirements have to be satisfied

Feedback

5.3 One respondent sought clarification as to whether individuals above 55

years old are required to have (a) total net personal assets exceeding

$750,000; (b) a foreign guarantor; or (c) a Singapore guarantor with an annual

income of at least $30,000; and (d) an annual income of at least $15,000, in

order to qualify for an unsecured credit card. Respondents also asked if FIs

have the discretion not to offer guaranteed cards, and to include additional

credit assessment criteria besides the minimum requirements prescribed by

MAS.

MAS’ Response

5.4 Individuals above 55 years old are only required to meet one of the

following criteria to qualify for an unsecured credit card or charge card:

(a) an annual income of at least $15,000;

(b) total net personal assets exceeding $750,000;

(c) a guarantor other than a Singapore guarantor;

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(d) a Singapore guarantor with an annual income of at least

$30,000.

5.5 The offer of guaranteed cards is a commercial decision. In addition to

the criteria above, FIs can also set their own lending and credit assessment

criteria beyond the minimum requirements prescribed by MAS.

6 REGULATORY CREDIT LIMITS (2/4 MONTHS’ INCOME)

Cards issued to individuals above 55 years old

Credit limits of guaranteed cards

Feedback

6.1 One respondent asked whether the credit limit of a guaranteed credit

card will be based on the guarantor’s income, and whether an existing

cardholder who has already been granted his maximum or overall credit limit

can guarantee an unsecured credit card issued to another individual.

MAS’ Response

6.2 The credit limit of a guaranteed credit card will be based on the

Singapore guarantor’s income. A cardholder who has already been granted his

maximum or overall credit limit can guarantee an unsecured credit card issued

to another individual, as long as the amounts outstanding on the guaranteed

card and those outstanding on his own cards do not exceed his maximum and

overall credit limits.

Tracking balances outstanding on guaranteed cards

Feedback

6.3 One respondent asked if credit bureau reports will identify whether a

card was issued with a guarantor, and whether an applicant/existing borrower

was a guarantor. Another respondent asked if the credit bureaus can assign

the balances outstanding on guaranteed cards to the credit reports of the

guarantors.

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MAS Response

6.4 FIs should discuss data reporting specifications and template with the

credit bureaus, including how the balances outstanding on guaranteed cards

can be linked to the accounts of the guarantors. A linkage is necessary to

ensure compliance with the industry-wide limit of 12 months’ income. At least

20% of the balances outstanding on guaranteed cards are to be added to a

Singapore guarantor’s cumulative total outstanding unsecured amounts for the

purpose of complying with the 12 months’ income limit.

Unsecured credit facilities

Drawdown on unsecured credit facilities

Feedback

6.5 Clarification was sought on the rule requiring FIs to disallow any

amount to be drawn down on an unsecured credit facility by a Singapore

borrower if that would result in his total outstanding unsecured amount

exceeding his overall credit limit. Specifically, it was asked whether the mere

granting of a credit limit for a revolving unsecured credit line constitutes a

drawdown for the purpose of this rule.

MAS Response

6.6 Drawdown refers to the disbursement of an unsecured credit facility.

The mere granting of a credit limit, without disbursement, does not constitute

a drawdown for the purpose of the rule.

7 60 DAYS PAST DUE RULE

Suspension

Determining whether a borrower is past due

Feedback

7.1 Respondents sought clarification as to the meaning of being 60 days

past due, and whether FIs are permitted to determine whether a borrower is

past due based on their respective product terms and conditions.

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MAS’ Response

7.2 Being past due for 60 consecutive days or more means that the

individual has failed to pay the minimum amounts that he is contractually

required to pay, for at least 60 consecutive days. FIs are permitted to

determine whether a borrower is past due based on their respective product

terms and conditions.

Whether the rule extends to excluded unsecured credit facilities

Feedback

7.3 One respondent sought clarification as to whether FIs are required to

suspend the credit cards, charge cards and unsecured credit facilities of a

borrower who is 60 days or more past due on an excluded unsecured credit

facility such as an education loan or medical loan.

MAS’ Response

7.4 FIs have to suspend the credit cards, charge cards and unsecured credit

facilities of borrowers who are 60 days or more past due on an excluded

unsecured credit facility (other than a business loan8).

Date by which suspension has to be effected

Feedback

7.5 One respondent asked if FIs are expected to effect the suspension on a

daily basis, or as soon as practicable, given that suspension was contingent on

the credit bureaus being able to reflect borrowers’ past due status correctly

and promptly.

MAS Response

7.6 Suspension is required when a borrower becomes 60 days or more past

8 Business loans are entirely exempted from the 60 days past due rule i.e.

(a) FIs need not suspend the credit cards, charge cards and unsecured credit facilities of borrowers who are 60 days or more past due on business loans; and

(b) FIs may continue to grant or disburse business loans to borrowers who are 60 days or more past due on any credit card, charge card or unsecured credit facility.

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due on any credit card, charge card or unsecure credit facility granted to him

by the FI, and not other FIs. As FIs should know whether their borrowers are

60 days or more past due based on their own systems (this is not dependent

on the credit bureau), FIs are expected to effect the suspension within the day.

Excluding annual fees and disputed transactions from credit bureau

reporting

Feedback

7.7 One respondent asked whether, given that annual fees and disputed

transactions, charges and fees can be excluded from borrowers’ outstanding

amounts for the purpose of the 60 days past due rule, these amounts can be

excluded from the outstanding balances data submitted to the credit bureaus.

Another respondent asked if FIs would be given guidance on not reporting

borrowers who are 60 days or more past due only on small amounts.

MAS Response

7.8 As stated in paragraph 8.4 of MAS’ response to feedback issued on 11

September 2013 (“September Response”), borrowers who are unable to pay

even small amounts should be accorded even more protection. Instead of

exempting small amounts, which can be arbitrary, MAS will give FIs the

discretion to exclude annual fees, and disputed transactions, charges and fees,

from the balances. FIs should discuss the details of how to report data on

balances and borrowers who are 60 days or more past due with the credit

bureaus.

Transfer of outstanding amounts between suspended accounts

Feedback

7.9 One respondent sought clarification on the flexibility allowed to FIs to

transfer amounts outstanding on a card or unsecured credit facility to another

card or unsecured credit facility.

MAS’ Response

7.10 This flexibility is to enable FIs to transfer outstanding balances between

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credit facilities extended to the same borrower, for example, for debt

restructuring/re-financing purposes, even if the borrower is 60 days or more

past due on any of his credit cards or unsecured credit facilities.

Lifting the suspension

Requirements to be satisfied before suspension can be lifted

Feedback

7.11 One respondent asked if FIs are permitted to allow borrowers to

resume charging to their accounts once they are no longer past due, with the

necessary income and credit bureau checks to be conducted within 30 days

after the suspension is lifted.

MAS’ Response

7.12 No. All three criteria must be satisfied before the suspension is lifted.

Besides assessing that the account is no longer past due, FIs should also review

the credit-worthiness of the borrowers through fresh income and credit

bureau checks before lifting the suspension.

Income checks to be conducted before suspension can be lifted

Feedback

7.13 One respondent asked whether individuals who have been granted

unsecured credit on the basis of their net personal assets exceeding $2 million,

are required to satisfy the minimum income requirements of

$15,000/$20,000/$30,0009 before the suspension on their accounts can be

lifted. If not, the respondent sought confirmation that FIs are also not required

to review the income of an individual who has more than $2 million in net

personal assets before granting him an unsecured credit card or an unsecured

credit facility.

9 The minimum income requirements of:

(a) unsecured credit cards or charge cards issued to individuals above 55 years of age (without guarantors or whose total net personal assets do not exceed $750,000) is $15,000;

(b) unsecured credit facilities is $20,000; and

(c) unsecured credit cards or charge cards issued to individuals 55 years of age or below is $30,000.

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MAS’ Response

7.14 There is no requirement that the income of such individuals must be at

least $15,000, $20,000 or $30,000 (as the case may be) before the suspension

can be lifted. This, however, should not be confused with the minimum proof

of income required to qualify for a new card or unsecured credit facility.

Where income is the basis of one’s qualifying for such cards or unsecured

credit facility, proof of income must be obtained at the point of application,

even if the applicant’s total net personal assets exceed $2 million.

8 12 MONTHS’ INCOME INDUSTRY-WIDE LIMIT

Computation of aggregate unsecured debt

Whether business loans have to be included in borrowers’ cumulative total outstanding unsecured amounts

Feedback

8.1 One respondent asked if business loans offered to non-individuals such

as companies are caught by the 12 months’ income limit.

MAS’ Response

8.2 Loans granted for business purposes are excluded from the 12 months’

income limit. Further, MAS’ unsecured credit rules set out in MAS Notices 635,

827, 1109, 118, 633, 826, 1107, 116 and 603 do not apply to loans granted to

non-individuals such as companies.

Clarifying the application of the limit to interest-free instalment plans

Feedback

8.3 Respondents sought clarification on the application of the 12 months’

income limit to interest-free instalment plans.

MAS’ Response

8.4 As stated in paragraph 9.37 of the September Response, balances that

do not attract interest can be excluded from borrowers’ aggregate unsecured

debt. Only interest-bearing balances have to be included. For instance, where

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an instalment on an interest-free instalment plan is late and interest is

imposed on this instalment, the instalment amount will have to be included in

the borrower’s aggregate unsecured debt. If, notwithstanding this late

payment, interest is not imposed on the remaining unbilled amounts, FIs are

not required to include these unbilled amounts in the computation of the

borrower’s aggregate unsecured debt.

8.5 FIs should discuss how best to report non-interest-bearing balances to

the credit bureaus.

Income computation

Whether FIs should rely on a common income record and computation method

Feedback

8.6 Respondents asked if there should be a standard way of computing

income, and a common record of income in the credit bureaus, so as to ensure

consistency in the computation of the 12-months’ income limit across the

industry.

MAS’ Response

8.7 MAS has previously received feedback that FIs prefer to rely on the

income information in their own records, so that they are better able to

explain their computation methods (e.g. haircuts applied on variable income) if

queried by borrowers. As such, MAS will not require FIs to use a common

income record or computation method. Instead, MAS will allow FIs the

flexibility to either rely on their respective income records and computation

methods, or agree upon a common set of income records and computation

methods.

Whether FIs can rely on outdated income records

Feedback

8.8 Respondents asked if FIs can rely on the latest income information in

their records if borrowers do not provide updated income records despite the

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FIs’ requests. It was also queried if FIs can verify customers’ income through

alternative means, such as employment checks.

MAS’ Response

8.9 FIs can rely on the latest income information in their records. Income

documents can be obtained from alternative sources besides the borrower,

but a confirmation from the employer that the individual is an employee is

insufficient.

Suspension

Whether other FIs have to suspend a borrower’s accounts once an FI does so

Feedback

8.10 One respondent asked whether, once a borrower’s accounts are

suspended by one FI, other FIs are required to similarly suspend the borrower’s

unsecured credit cards and unsecured credit facilities.

MAS’ Response

8.11 Other FIs will not be required to suspend the borrower’s accounts if

based on their respective income records, the borrower’s aggregate unsecured

debt has not exceeded 12 months of his income for 3 months or more.

However, once the accounts have been suspended, FIs cannot reinstate access

to these accounts until the individuals have reduced their unsecured debt to

below 12 months’ income and the FIs have conducted credit bureau checks

and obtained updated income documents.10

Exceptions to suspension

Consolidation of debt owed to other FIs

Feedback

8.12 With regard to borrowers who are seeking to refinance and restructure

their existing debts with other FIs, one respondent noted that unsecured credit

10

FIs are also required to conduct credit bureau checks before reinstating the accounts.

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for re-financing purposes can be granted to a borrower even if his overall debt

has exceeded his 12 months’ income for a period of 3 months or more. The

respondent, however, sought clarification as to the requirement that the

unsecured credit granted for re-financing purposes does not lead to an

increase in a borrower’s overall debt.

MAS’ Response

8.13 To ensure that the new unsecured credit is truly extended for the

purpose of debt refinancing, FIs must take steps to ensure that the proceeds of

the new unsecured credit facility are used to repay amounts owed to another

lender, such that the borrower’s overall debt level across FIs does not increase.

Transfer of outstanding amounts between accounts

Feedback

8.14 One respondent sought clarification whether, for debts that are

transferred from one facility to another, the 3-month period (used for

determining whether one’s overall debt has exceeded his 12 months’ income

for 3 months) would be computed from the date of the transfer of the

outstanding amounts.

MAS’ Response

8.15 The 3-month period should be computed from the time his cumulative

total outstanding unsecured amount first crosses 12 months’ income; it is only

reset when his cumulative total outstanding unsecured amount is reduced to

below 12 months of his income.

Implementation

Periodic checks on borrowers’ aggregate unsecured debts

Feedback

8.16 One respondent suggested that FIs be required to check only once

every 6 months whether their borrowers’ aggregate unsecured debts have

exceeded 12 months’ income for 3 months or more.

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MAS’ Response

8.17 It would not suffice for FIs to review their borrowers’ aggregate

unsecured debts only once every 6 months. As data in the credit bureau is

updated monthly currently, FIs should, at the minimum, conduct monthly

reviews of their borrowers’ aggregate debt.

Reduction in aggregate debt between monthly uploads to the credit

bureaus

Feedback

8.18 Respondents highlighted that borrowers may reduce their aggregate

unsecured debt to below the 12 months’ income limit during the time in

between monthly data uploads to the credit bureaus.

MAS’ Response

8.19 The final Regulations and Notices allow FIs to supplement information

in the credit bureaus with other credible information. Examples include

payment slips or the latest bank statements provided by their borrowers to

indicate that they have reduced their aggregate total outstanding unsecured

amounts to below 12 months’ income.

Extended concessionary timeline for borrowers whose existing aggregate unsecured debt exceeds 12 months’ income

Feedback

8.20 Respondents noted that an extended concessionary timeline may be

extended to borrowers whose current aggregate unsecured debt exceed 12

months of their income, but raised concerns about being unable to determine

whether borrowers’ current aggregate unsecured debt exceed 12 months’

income.

MAS’ Response

8.21 The final Regulations and Notices provide concessions for borrowers

whose cumulative total outstanding unsecured amount as at November 2013

exceed 12 months of their income. FIs should work with the credit bureaus to

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compute their borrowers’ cumulative total outstanding unsecured amounts as

at November 2013. Alternatively, FIs can ask their borrowers whose lines are

to be suspended to provide them with evidence of their aggregate unsecured

debt as at November 2013, for example, by furnishing copies of his credit card

statements as at November 2013 from all FIs. Borrowers who would like to

avail themselves of the extended concessionary timeline need to have their

November 2013 debt levels computed by 1 June 2015, when the 12 months’

income limit takes effect.

8.22 Under the extended concessionary timeline, the 12 months’ income

industry-wide limit need not be applied to —

(a) borrowers whose cumulative total outstanding unsecured

amounts as at November 2013 fall between 12 and 16 months of

their income until 1 June 2017; and

(b) borrowers whose cumulative total outstanding unsecured

amounts as at November 2013 exceed 16 months’ income until 1

June 2019,

provided the borrowers enter into repayment plans with their FIs.

8.23 For the avoidance of doubt, if, after 1 June 2017 or 1 June 2019, as the

case may be, the borrower’s cumulative total outstanding unsecured amount

still exceeds 12 months of his income for 3 months or more, the repayment

plans can continue beyond the extended timeline of 1 June 2017 and 1 June

2019, as the case may be, but the FIs must then suspend his unsecured credit

cards and unsecured credit facilities.

9 SOLICITATION RESTRICTIONS

New credit cards and unsecured credit facilities

Whether the requirement for a signature can be fulfilled electronically

Feedback

9.1 Respondents asked whether signatures can be provided electronically,

for instance by existing borrowers who apply for new credit cards or unsecured

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credit facilities through online banking, after authenticating themselves and

logging into their accounts.

MAS’ Response

9.2 Yes, the requirement for a signature may be fulfilled electronically in

accordance with the requirements set out in the Electronic Transactions Act

(Cap. 88).

Whether re-branded co-brand cards can be reissued to existing

cardholders as replacement cards

Feedback

9.3 One respondent asked if co-brand cards that are to be re-branded can

be reissued to existing cardholders as replacement cards, if they are due to

expire.

MAS’ Response

9.4 The Credit Card Regulations define a replacement card to be of the

same kind as the card being replaced. A replacement card shall be regarded as

the same kind as the card being replaced if the type, terms, conditions and

branding, and the fees and charges relating to the use, of the replacement card

are the same as those of the card being replaced.

Whether FIs can rely on documents other than application forms

Feedback

9.5 One respondent asked whether FIs can rely on documents other than

application forms to obtain their borrowers’ indication as to their preferred

credit limits, if the documents are signed.

MAS’ Response

9.6 Yes.

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Whether FIs can assume that their customers do not have a preferred credit limit if none is indicated

Feedback

9.7 Respondents asked whether, if their borrowers do not indicate a

preferred credit limit, FIs can assume that they do not have a preferred credit

limit and can grant them credit limits up to the regulatory credit limits.

Another respondent asked if preferred credit limits have to be indicated in

relation to charge cards, which do not have credit limits.

MAS’ Response

9.8 Where customers do not state a preferred credit limit, FIs have to

obtain their customers’ express consent to the credit limit to be granted, to

ensure that he is comfortable with the limit. FIs can, however, give their

customers the option of indicating that they are agreeable to any credit limit

determined by the FI, or to not having any limits assigned to their cards.

Credit limit increases

Whether borrowers’ signed consent is required for the reallocation of existing credit limits

Feedback

9.9 One respondent asked if FIs are required to obtain a borrower’s signed

consent before reallocating his existing credit limits from one unsecured credit

card/unsecured credit facility to another.

MAS’ Response

9.10 Provided there is no increase in a borrower’s aggregate credit limit, FIs

are not required to obtain a borrower’s signed consent before reallocating his

existing credit limits from one unsecured credit card/unsecured credit facility

to another. However, in the case of an increase in credit limit on a guaranteed

card, both the signed consent of the cardholder and his guarantor have to be

obtained.

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Whether supplementary cardholders’ consent is required for credit limit increases

Feedback

9.11 One respondent queried if is necessary to obtain supplementary

cardholders’ consent for increases to the credit limits of their supplementary

cards.

MAS’ Response

9.12 FIs are required to obtain the consent of both principal and

supplementary cardholders before increasing the credit limits on

supplementary cards. This is consistent with the requirement for applications

for new credit cards, and addresses feedback from supplementary cardholders

that they prefer to be able to indicate credit limits that they are comfortable

with.

Requirement for FIs to obtain borrowers’ consent to their aggregate credit limits

Feedback

9.13 One respondent sought clarification as to whether regulation 7(2E) in

the draft revised Credit Card Regulations contained any additional requirement

not set out in regulations 7(2C) and 7(2D). A similar clarification was requested

in relation to paragraphs 18A, 18C and 18D of the draft revised MAS Notice

635.

MAS’ Response

9.14 Draft regulation 7(2C) and draft paragraph 18A require borrowers to

consent to the amount of the increases, reflecting Proposal E as set out in the

consultation paper issued on 21 December 2012. Draft regulation 7(2D) and

draft paragraph 18C require FIs to allow customers to indicate their preferred

aggregate credit limits, reflecting Proposal F as set out in the consultation

paper issued on 21 December 2012. Draft regulation 7(2E) and draft

paragraph 18D are intended to make it abundantly clear that FIs cannot grant

credit limits that are higher than those consented to or indicated by their

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customers.

Period within which increase must be effected

Feedback

9.15 One respondent commented that FIs may choose to observe their

borrowers’ payment behaviour for at least 6 months before effecting credit

limit increases requested by their customers. Therefore, the requirement for

consent on the amount of the credit limit increases to be obtained within a

month prior to the increase may pose some operational difficulty for the FIs.

MAS’ Response

9.16 MAS is supportive of FIs observing and considering customers’ payment

behaviour before effecting credit limit increases. However, to ensure that

customers’ preferred credit limits have not changed during the observation

period, customers’ consent should be obtained closer to the time of (and, in

any case, no more than a month before) the credit limit increase.

Confirmation of requests made over the telephone

Scope of application of the requirement for confirmation

Feedback

9.17 Respondents sought clarification on the requirement for a FI to obtain a

borrower’s confirmation for a verbal request made by the borrower in the

course of a telephone call initiated by the FI. Specifically, respondents asked

whether the requirement applies to requests for new credit facilities,

temporary and permanent credit limit increases and additional credit cards.

MAS’ Response

9.18 The confirmation requirement applies to all types of requests made by

borrowers, that are specifically mentioned in the Credit Card Regulations and

MAS Notices 635, 827, 1109 and 118, including requests for new credit cards

and unsecured credit facilities, and credit limit increases. It does not apply to

replacement, additional and substitute credit cards.

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9.19 For the avoidance of doubt, the requirement for confirmation 5

business days after the initial telephone call only applies where the request is

made by a borrower in the course of a telephone call initiated by a FI. This is

to ensure that the borrower has sufficient time, following the initial telephone

call, to consider whether to proceed with the request. The confirmation

requirement does not apply where the telephone call is initiated by the

borrower, for example, for an urgent credit limit increase.

9.20 MAS has clarified in the final Regulations and Notices that the

confirmation requirement applies only when both the initial request and

confirmation are made through telephone calls initiated by the FI. Where the

borrower subsequently initiates and submits a written request to the FI, the

confirmation requirement does not apply, even if the written request was

precipitated by a telephone call initiated by the FI. An example would be

where a FI calls a borrower offering a credit limit increase, and the borrower

agrees over the telephone call. The FI then sends the borrower an application

form for the credit limit increase via e-mail, fax or normal mail, which the

borrower completes and submits to the FI. In this situation, the requirement

for confirmation 5 business days after the FI’s initial telephone call does not

apply because the borrower would have had the opportunity and time to

consider whether to complete and submit the written application form.

10 INFORMATION CALLING CREDIT-WORTHINESS INTO QUESTION

Information

Source of alerts

Feedback

10.1 One respondent asked whether FIs are required to act on information

provided by third parties such as a spouse or employer. Another respondent

suggested that FIs require the person who provides the information to identify

himself.

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MAS’ Response

10.2 As stated in paragraph 4.2 of the September Response, the rule

requires FIs to act on information provided by anyone, which can include the

borrower’s spouse or employer. To ensure greater accountability, MAS has

clarified in the final Regulations and Notices that FIs will only be required to act

on information provided by a person who identifies himself. However, FIs

must honour any request for confidentiality that the informant may make, and

cannot disclose his identity to the borrower where confidentiality is requested.

Types of alerts on which FIs have to act

Feedback

10.3 One respondent asked whether, in relation to a revolving facility, an

alert of a lawsuit of any amount triggers the requirement to conduct a credit

bureau and income check.

MAS’ Response

10.4 The rule requires FIs to act on any information that calls the credit-

worthiness of a borrower into question. If the lawsuit may impinge on the

creditworthiness of a borrower, credit bureau and income checks have to be

conducted unless these have already been conducted within the last 3 months,

or if the borrower’s credit lines are already suspended.

Whether credit bureaus will send triggers to FIs

Feedback

10.5 One respondent asked whether triggers will be set up in the credit

bureaus to alert FIs to borrowers whose credit-worthiness are in question, and

whether the credit bureaus will check to ensure that the events resulting in the

trigger are valid.

MAS’ Response

10.6 This rule does not require triggers to be set up in the credit bureaus.

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Action to be taken

Action to be taken following credit bureau and income checks

Feedback

10.7 One respondent asked whether FIs are required to suspend the credit

lines of borrowers and approach them to discuss repayment options if the

credit bureau and income checks confirm that the borrower is still credit-

worthy.

MAS’ Response

10.8 FIs have the discretion to decide the action to be taken based on their

credit assessments.

Alerts relating to borrowers who are not FIs’ customers

Feedback

10.9 One respondent asked whether FIs can choose not to retain

information received about persons who are not their customers, given that

FIs will have to conduct credit bureau and income checks before granting any

new cards or unsecured credit facilities.

MAS’ Response

10.10 While it is not a requirement, MAS encourages FIs to retain alerts about

persons who are not their customers in their records, to aid their potential

future credit assessments.

Checks are not required if FIs suspend all facilities

Feedback

10.11 One respondent asked if paragraph 28 of the draft revised MAS Notice

635 applies to credit limit increases and unsecured credit facilities that have

not been fully drawn upon.

MAS Response

10.12 Paragraph 28 of the draft revised MAS Notice 635 means that FIs need

not conduct income checks even when information that calls the credit-

worthiness of a borrower into question is received, provided the bank does not

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grant any further unsecured credit to the borrower until all amounts

outstanding are repaid.

11 CREDIT BUREAU CHECKS

Data specifications and template

Whether FIs are expected to provide information on credit limits to the credit bureaus

Feedback

11.1 One respondent asked whether FIs are expected to provide information

on their borrowers’ credit limits to the credit bureaus by 1 June 2014.

MAS’ Response

11.2 Yes, members of the credit bureaus are expected to provide credit limit

data to the credit bureaus by 1 June 2014.

Whether balances and limits of term loans have to be reported

Feedback

11.3 Respondents sought clarification as to whether the credit limits and

balances of non-revolving term loans have to be included in borrowers’

aggregate credit limits and balances data.

MAS Response

11.4 The credit limits and outstanding balances of non-revolving term loans

have to be included in the aggregate credit limits and balances data reported

to and by the credit bureaus.

Why balances and limits of secured credit cards are excluded

Feedback

11.5 One respondent asked why information on secured credit cards is

excluded, even though data on secured facilities are included.

MAS’ Response

11.6 As stated in paragraph 2.8 of the September Response, the credit limits

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and outstanding balances of secured credit/charge cards are secured by

deposits, and thus should not be reported to and by the credit bureaus to

protect the confidentiality of deposit information.11 For the same reason, MAS

has further clarified in the final Regulations and Notices that the credit limits

and outstanding balances of overdrafts that are fully secured by deposits

should not be disclosed to or by the credit bureaus.

11.7 For the avoidance of doubt, this does not preclude FIs from disclosing

other information (e.g. payment status) relating to secured credit cards and

overdrafts that are fully secured by deposits to the credit bureaus, where such

disclosure will not disclose deposit information.

Whether micro-credit cards have to be reported

Feedback

11.8 Respondents asked if information on micro-credit cards have to be

reported to and by the credit bureaus.

MAS’ Response

11.9 Yes, FIs should contribute data on micro-credit cards.

Whether staff loans are and have to be reported

Feedback

11.10 Respondents asked if information on staff loans have to be uploaded to

the credit bureaus, and whether such information is currently submitted.

MAS’ Response

11.11 FIs are expected to upload information on their staff loans to the credit

bureaus, and some banks currently already do so.

Whether business loans have to be reported to the credit bureaus

Feedback

11.12 Respondents asked whether business loans granted to sole

11

The credit limit and outstanding balance of a secured card are dependent on the amount of deposits placed with the card issuer.

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proprietorships and partnerships, have to be reported to the credit bureaus.

MAS Response

11.13 Business loans do not have to be reported to the credit bureaus.

However, the credit bureaus may wish to consider including information

indicating whether an individual is a sole proprietor or partner. This is so that

FIs can seek further information on their borrowers’ liability for business loans,

if any, to aid their credit assessments.

Whether credit limits have to be reported in relation to charge cards

Feedback

11.14 Given that charge cards typically do not have credit limits, it was

proposed that FIs not be required to report credit limits of charge cards to the

credit bureaus.

MAS Response

11.15 Credit limits of charge cards must be reported to the credit bureaus.

One option is to equate the credit limit of a charge card with the amount

outstanding on the card. If this is not reported, the credit bureaus’ data could

show that a borrower has exceeded his credit limit in aggregate, when this is in

fact not the case.

How the balances of partially secured credit facilities should be reported

Feedback

11.16 There was concern that it would not be meaningful for the outstanding

balances of all partially secured credit facilities to be commingled and reported

in one category, because a single aggregated number would not give any

indication as to the extent to which the balances are secured.

MAS Response

11.17 MAS agrees with this observation and has clarified in the final

Regulations and Notices that FIs are permitted to report the secured and

unsecured balances of partially secured credit facilities separately to and by

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the credit bureaus.

Whether temporary and permanent credit limits should be reported separately

Feedback

11.14 One respondent asked if temporary credit limits should be reported

separately from permanent credit limits, and on a month-on-month basis.

MAS’ Response

11.15 Members of the credit bureaus should discuss with the credit bureaus

whether temporary credit limits should be reported separately from

permanent credit limits, and on a month-on-month basis.

Use of credit bureau data

Whether FIs are required to consider both balances and credit limits data

Feedback

11.18 One respondent stated that it may not always be useful for FIs to

consider credit limits data, for example, where the borrower has already paid

off most of a large term loan.

MAS’ Response

11.19 FIs have the discretion to determine the way in which they will use the

information, and can choose to place less weight on the data where

appropriate.

11.20 Members of the credit bureaus may also wish to work with the credit

bureaus to assess, for example, whether it is more meaningful to equate the

credit limit of a term loan that has been disbursed to its outstanding balance.

Circumstances in which FIs are required to conduct credit bureau checks

Feedback

11.21 Respondents asked when FIs are expected to conduct credit bureau

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checks.

MAS’ Response

11.22 FIs are currently already required to conduct comprehensive credit

bureau checks before granting new credit cards and unsecured credit facilities.

With effect from 1 December 2013, FIs will also be required to conduct

comprehensive credit bureau checks before increasing credit limits and when

they are alerted to information calling their borrowers’ credit-worthiness into

question. With effect from 1 June 2015, FIs also have to conduct credit bureau

checks to determine if their borrowers are 60 days or more past due on

facilities extended by other FIs, and if their aggregate unsecured debt exceeds

12 months of their income for 3 months or more.

Cost of credit bureau checks

Reasonableness of fees charged by credit bureaus

Feedback

11.23 One respondent commented that, given that mandatory credit bureau

checks are required, the fees charged by the credit bureaus should be

reasonable.

MAS Response

11.24 The amount of fees charged by credit bureaus is a commercial matter

in which MAS generally does not intervene.

12 INCOME CHECKS

Circumstances in which income checks are required

Checks prior to the grant of unsecured credit facilities

Feedback

12.1 One respondent highlighted that, even though a borrower with net

personal assets exceeding $2 million is exempted from the regulatory credit

limit, regulation 9B(1)(a) of the draft revised Credit Card Regulations requires

FIs to verify the income of such a borrower prior to issuing an unsecured credit

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card to him.

MAS Response

12.2 Income verification is required because such borrowers remain subject

to the minimum income criteria required to qualify for an unsecured credit

card. To illustrate, an individual below 55 years of age with an annual income

of $10,000 would not qualify for an unsecured credit card, even if he has more

than $2 million of net personal assets.

12.3 Similarly, individuals above 55 years old are generally required to

produce proof of their income to establish that they have met the minimum

qualifying criteria and/or for FIs to determine their regulatory credit limits.

The only exceptions are where the individuals have net personal assets

exceeding $2 million or a guarantor, as illustrated in Table 1 below:

Table 1: Circumstances in which individuals above 55 years old have to prove their income when applying for an unsecured credit card

Individuals above 55 years old who qualify for an unsecured credit card based on

Credit limit of the unsecured credit card

Whether proof of cardholder’s income is required

(a) Annual income of at least $15,000;

Up to 2/4 months, depending on the cardholder’s income, unless he has an annual income of at least $120,000 or net personal assets exceeding $2 million.12

Yes.

(b) Net personal assets of at least $750,000;

Yes, unless he has net personal assets exceeding $2 million.

(c) Guarantor; or Determined based on the guarantor’s income or net personal assets.

No. Proof of income or net personal assets of the guarantor are, however, required.

12

If his annual income is less than $30,000, his regulatory credit limit would be 2 months’ income. If his annual income is at least $30,000 but less than $120,000, his regulatory credit limit would be 4 months’ income. If his annual income is at least $120,000, he would be exempted from the regulatory credit limit of 2/4 months’ income.

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Individuals above 55 years old who qualify for an unsecured credit card based on

Credit limit of the unsecured credit card

Whether proof of cardholder’s income is required

(d) Singapore guarantor with annual income of at least $30,000.

The combined credit limit of the guaranteed card and the Singapore guarantor’s own cards is up to 4 months of the Singapore guarantor’s income,13 unless the Singapore guarantor has an annual income of at least $120,000 or net personal assets exceeding $2 million.14

No. Income documents of the Singapore guarantor are, however, required.

How income checks are to be conducted

Whether verbal confirmation is sufficient

Feedback

12.4 One respondent suggested that borrowers’ verbal confirmation that

their income levels have not changed should suffice.

MAS Response

12.5 No. A borrower’s verbal confirmation is not sufficient. Income

documents must be obtained for verification.

Relevant date for determining validity of income documents

Feedback

12.6 One respondent stated that the validity of income documents should

be determined based on the date of FIs’ receipt of the documents, rather than

the date of their issuance.

13

If the Singapore guarantor’s income subsequently falls to less than $30,000, the applicable regulatory credit limit will be reduced to 2 months’ income. 14

If the Singapore guarantor has an annual income of at least $120,000 or net personal assets exceeding $2 million, the card would be exempted from the regulatory credit limit of 2/4 months’ income.

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MAS Response

12.7 It is more appropriate to use the date of issuance of the income

document as the date on which the document is received by the FI can be

significantly later than that on which it was issued. Borrowers’ income may

have changed significantly by the time it is received by FIs.

Documents required in relation to fixed income earners

Feedback

12.8 A respondent asked whether an income tax NOA that is not dated

within 3 months prior to (a) a credit limit increase; or (b) a receipt of

information calling the borrower’s credit-worthiness into question, is an

acceptable proof of income for a fixed income earner.

MAS Response

12.9 No. Income documents dated more than 3 months ago are generally

not acceptable in both situations as borrowers’ income could have changed.

FIs may, however, use a NOA dated more than 3 months ago to supplement

more updated documents. Updated proof of income is particularly important

where information calling the borrower’s credit-worthiness into question is

received as such information may point to recent unemployment. Likewise,

updated income documents are important before credit limits are increased as

requests for credit limit increases may be due to borrowers accumulating debt

and finding current limits insufficient.

12.10 The final Regulations and Notices has made a concession to accept NOA

dated more than 3 months ago for non-fixed income earners in recognition

that there may not be alternative reliable documents (e.g. payslips) that

individuals without fixed monthly incomes can furnish.

Documents required in relation to new applications

Feedback

12.11 A respondent queried if FIs may continue with their current practices of

accepting NOA, even if dated more than 3 months ago, as income documents

for new applications.

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MAS Response

12.12 There is no change in the requirements relating to income documents

required for new applications. In recognition of FIs’ current practices, MAS will

allow NOAs dated more than 3 months ago to be used for assessing

applications for new credit cards and unsecured credit facilities.

13 DISCLOSURE REQUIREMENTS

Disclosure of late fees and charges to all borrowers

Date on which the requirement to disclose late fees and charges comes into effect

Feedback

13.1 One respondent asked when the requirement to disclose late fees and

charges to all borrowers comes into effect.

MAS Response

13.2 The requirement for FIs to disclose late fees and charges to all

borrowers is an existing rule, which is already in effect.

Additional disclosure for borrowers who do not pay in full

Whether the additional disclosures will be effective

Feedback

13.3 One respondent commented that borrowers will become desensitised

with repeated disclosures.

MAS’ Response

13.4 The disclosures will only be provided to borrowers who did not pay

their prior month’s bills in full. The disclosures will also be customised each

month based on the borrowers’ outstanding balances for the month, and will

not be identical.

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Whether the additional disclosures are necessary for the affluent

Feedback

13.5 It was submitted that charge card users are typically more affluent, and

that the mandated disclosures may not be relevant for this group.

MAS Response

13.6 The disclosures only have to be made in relation to borrowers who did

not pay in full in the prior month. Such borrowers are at risk of debt problems,

and the disclosures are relevant to this group, regardless of their level of

affluence.

Whether the additional disclosures will mislead borrowers in thinking that they can defer payment for 6 months

Feedback

13.7 There was concern that the disclosure as to the total amount payable in

6 months if no payment is made might mislead borrowers into thinking that

they could defer payment for 6 months.

MAS’ Response

13.8 The disclosure statement clearly states that such a borrower would be

considered past due, and that future loan applications might be negatively

affected. The mandated disclosure is therefore unlikely to give borrowers false

comfort. FIs are also free to include additional caution in the disclosure

template.

Whether minimum payment is based on total amount payable including principal, interest and all applicable fees

Feedback

13.9 One respondent asked if the minimum payment is to be computed

based on the total amount payable, including principal, interest and all

applicable fees.

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MAS’ Response

13.10 The minimum payment is the amount required under the terms and

conditions of the agreement with the borrower.

Whether fees and charges can be excluded in the computation

Feedback

13.11 One respondent suggested that the amounts disclosed should not

include fees and charges, such as late fees, annual fees etc., provided that a

disclaimer is included in the disclosure statement to highlight that the total

amount payable and the time needed to fully pay off the debts could be higher

if fees and charges were included.

MAS’ Response

13.12 Any fees and charges payable must be included in the computation of

the amounts set out in the disclosure statement, so as to better inform

borrowers of the cost of rolling over. A disclaimer does not provide the same

level of clarity to borrowers.

Difference between credit cards and charge cards

Feedback

13.13 One respondent sought clarification as to the difference between credit

cards and charge cards, given that the definitions of “credit cards” and “charge

cards” in the Banking Act (Cap. 19) appear to be identical. Another respondent

asked if a personal instalment loan issued with a linked repayment account

against which a debit card is issued would be considered to be a charge card.

MAS’ Response

13.14 The definitions of “credit card” and “charge card” in the Banking Act

are not identical. Rather, their respective definitions in the Banking Act

reference the common understanding of credit cards and charge cards.15 A

15

Section 56 of the Banking Act states that “credit card” or “charge card” means any article, whether in physical or electronic form, of a kind commonly known as a credit card or charge card or any similar article intended for use in purchasing goods or services on credit, whether or not the card is valid for immediate use.

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charge card typically requires full payment of the entire outstanding balance

by the payment due date whereas a credit cardholder typically only needs to

pay a minimum amount by the payment due date. If the personal instalment

loan is revolving, regardless of whether the loan is linked to a debit card, the

disclosure is required under Notice 635.

Whether the additional disclosure has to be made in relation to loans without minimum monthly payments

Feedback

13.15 One respondent highlighted that some unsecured credit facilities such

as business overdrafts and term loans do not have minimum payments, and

asked whether the additional disclosure has to be made in relation to such

credit facilities.

MAS Response

13.16 MAS has clarified in the final Regulations and Notices that, where no

minimum payment is required for a revolving unsecured credit facility,

disclosures on (a) the total amount that has to be paid, and (b) the total time

needed to fully repay the loan, if only minimum payment is made each month,

do not have to be made.

Whether FIs have the flexibility to adjust the disclosure format to take into account their technical limitations

Feedback

13.17 One respondent suggested that FIs be allowed the discretion to modify

the disclosure format so as to allow for technical limitations that FIs may face,

provided that the required information is disclosed.

MAS Response

13.18 The disclosure format is meant to be standardised across the industry.

Nevertheless, FIs have the flexibility to provide further information in the

disclosure template, for example, a warning that the borrower’s credit card is

likely to be cancelled if it becomes past due for 30 days or more.

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14 REPORTING REQUIREMENTS IN NOTICES 759 AND 760

Reporting of balances data in Notices 759 and 760

Balances of borrowers whose accounts have been suspended because of

the 60 days past due rule or the 12 months’ income limit

Feedback

14.1 One respondent asked whether the outstanding balances of borrowers

whose accounts have been suspended because of the 60 days past due rule or

the 12 months’ income limit should be reported based on the balances

outstanding as at the end of the relevant reporting period.

MAS Response

14.2 Yes, the balances reported should be the balances outstanding as at the

end of the relevant reporting period.

Definition of free credit balances

Feedback

14.3 One respondent asked whether free credit balances refers to all

balances as at the end of the reporting quarter that are non-interest-bearing,

including new billings, balances on 0% promotional rates and balances on

interest-free instalment plans.

MAS Response

14.4 Free credit balances refer to all balances that accrue an effective

interest rate of zero.

Methodology for aging of interest-bearing balances

Feedback

14.5 One respondent sought clarification on the methodology for the aging

of interest-bearing balances for the purpose of MAS Notices 759 and 760.

Specifically, the respondent asked if the age of the balances in the following

two illustrations, as at 31 March, should be 58 days:

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Illustration 1:

Date Transactions Balance

1 February $1,000 Dr $1,000 Dr

20 March $2,000 Dr $3,000 Dr

31 March - $3,000 Dr

Illustration 2:

Date Transactions Balance

1 Feb $1,000 Dr $1,000 Dr

20 Mar $2,000 Dr $3,000 Dr

25 Mar $1,000 Payment

$2,000 Dr

31 Mar - $2,000 Dr

MAS Response

14.6 In both the illustrations above, assuming that interest starts accruing

on 2 February, the age of the respective balances should be counted from 2

February, i.e. 58 days (between 2 February and 31 March). The fact that

partial payment has been made in the interim does not affect the computation

of the age of the balances. Time is only reset when no part of the outstanding

balance accrues interest.

Instalment loans

Feedback

14.7 Given that “free credit balances” and “interest-bearing balances” have

to be reported separately, it was asked how FIs should treat accounts such as

instalment loans on card and balance transfers, which include an inherent

interest in the instalment amounts billed to borrowers. Another respondent

asked how an instalment loan (including unbilled amounts) should be

reported, if interest is only charged on the instalment that is overdue and not

the unbilled amounts.

MAS Response

14.8 Where any part of the instalment loan attracts interest, the entire

balance (including unbilled amounts) should be reported as “interest-bearing

balances”.

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Reporting requirements in MAS Notice 759

Billings of foreign cardholders in Singapore

Feedback

14.9 One respondent sought clarification on the definition of the data field

“Billings of foreign cardholders in Singapore”.

MAS Response

14.10 The billings of foreign cardholders in Singapore refers to the amounts

spent by foreign cardholders, such as a cardholder from the United States

holding a card issued by a US bank, in Singapore. Data may be available from

the acquiring business of the bank in Singapore. This is an existing data field in

MAS Notice 759.

Billings of foreign cardholders in Singapore

Feedback

14.11 One respondent sought clarification on the definition of the data field

“Total credit facilities extended under unsecured credit facilities linked to debit

cards”.

MAS Response

14.12 For active accounts and accounts that have been temporarily

suspended, credit limits should be reported under this data field. For accounts

that have been permanently suspended, outstanding balances should be

reported.

Whether balances of borrowers whose accounts have been suspended

due to the 12 months’ income limit have to be reported

Feedback

14.13 The draft revised MAS Notice 759 clarified that credit cards which are

not available for further use and which have no outstanding balances should

not be reported. One respondent asked whether cards that have been

suspended due to the 12 months’ income limit being breached, and which

have no balances outstanding, have to be reported.

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MAS Response

14.14 Cards that have been suspended due to the 12 months’ income limit

should be reported, as these cards can be used once the borrowers reduce

their cumulative total outstanding unsecured amounts to less than 12 months

of their income (and after the required income and credit bureau checks are

conducted).

Cards under restructuring action

Feedback

14.15 One respondent asked whether cards under restructuring action in

rows 11a and 12a of Table 4 in the draft revised MAS Notice 759 refer to cards

that have been restructured following from their suspension due to the 60

days past due rule or 12 months’ income limit, and whether the balances and

number of customers under such restructuring action should be reported

based on the number of restructured loans set up over the reporting quarter.

Clarification was also sought as to how accounts suspended due to both the 60

days past due rule and the 12 months’ income limit should be reported, and

whether restructured accounts should be reported under row 10a of Table 4 as

well.

MAS Response

14.16 MAS has simplified the final MAS Notice 759 to require reporting of

individuals who are suspended due to the 60 days past due rule or 12 months’

income limit, and their total unsecured outstanding amount in Table 7, instead

of under Tables 3B, 4, 5A, 5B and 6. Individuals whose cards are suspended

due to both the 60 days past due and 12 months’ income limit should be

reported under rows 1 and 1a (where such cards/facilities are restructured) of

Table 7 in the final MAS Notice 759.

14.17 The reporting for “restructuring action” that remains in Tables 3, 4, and

6 is an existing requirement, which refers to all individuals who are past due

and whose facilities are restructured. These individuals are not limited to and

may overlap with the group of individuals who are suspended due to the 60

days past due rule or 12 months’ income limit.

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Balances of exempted cards issued under regulation 6(2A) and (2B)

Feedback

14.18 One respondent sought clarification on the data to be reported under

“Value” in Table 5A of the draft revised MAS Notice 759, in relation to

exempted credit cards and charge cards issued under regulation 6(2A) and (2B)

of the draft revised Credit Card Regulations.

MAS Response

14.19 The “Value” to be reported is specified in each row of Table 5A. For

example, the total outstanding balance as at the end of the reporting quarter

on cards held by individuals with cards issued under regulations 6(2A) and (2B)

of the draft revised Credit Card Regulations is to be reported under row 2.

Reporting requirements in MAS Notice 760

Borrowers with multiple unsecured credit facilities

Feedback

14.20 One respondent asked for clarification as to how a borrower who has

two unsecured credit facilities, with minimum payments being made on one

but not the other, should be reported under MAS Notice 760.

MAS Response

14.21 FIs should take the “worse-off” scenario and report the individual and

the outstanding balances of all his unsecured credit facilities under the row

where minimum payments are not made.

Computation of days in arrears

Feedback

14.22 One respondent asked whether an unsecured credit facility that was 30

days past due and restructured, but subsequently defaulted on again a year

later, should be considered to have been in arrears for 30 + 365 days = 395

days.

MAS Response

14.23 Yes, such a facility should be considered to have been in arrears for 395

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days.

Borrowers who hold both cards and unsecured credit facilities

Feedback

14.24 One respondent sought confirmation that the column “Number – also

reported under MAS Notice 759” in Table 1B refers only to borrowers who

have been granted both an unsecured credit facility and a credit card.

Conversely, “Number – SC/PR” refers to all borrowers who have been granted

an unsecured credit facility, regardless of whether the facility is revolving and

whether they have also been granted a card.

MAS Response

14.25 The final MAS Notices 759 and 760 clarify that individuals and amounts

reported under Table 7 of MAS Notice 759 need not be reported in Table 5 of

MAS Notice 760. Thus, only individuals who do not hold any credit card,

charge card, or debit card linked to an unsecured credit facility, need to be

reported in Table 5 of MAS Notice 760.

Vintage data for unsecured credit facilities

Feedback

14.26 One respondent sought confirmation that Table 3 in Part II of the draft

revised MAS Notice 760 should include all approved amounts, regardless of

whether the facility has been drawn down, while Table 4 would only include

amounts that have been drawn down. Table 3 would therefore show total

limits, while Table 4 would show total balances.

14.27 Confirmation was also sought that Tables 3 and 4 would include the

number and value of all open or valid unsecured credit facilities, segmented by

the period of their approval. Unsecured credit facilities (and the balances

thereof) that have been charged off or restructured should be excluded from

Tables 3 and 4, but facilities that have outstanding balances should be included

even though they are no longer available for further use.

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MAS Response

14.28 Yes, Table 3 should show total limits (which would include total

balances and total amount of additional credit allowed), while Table 4 should

show total balances.

14.29 Tables 3 and 4 should include the number and value of all open or valid

unsecured credit facilities. Facilities that have outstanding balances should

also be included, even if they are no longer available for further use. Charged

off or restructured facilities and the balances thereof, however, should be

excluded from Tables 3 and 4.

15 IMPLEMENTATION TIMELINE

Rules taking effect on 1 Dec 2013

Whether it is feasible for certain rules to take effect on 1 Dec 2013

Feedback

15.1 One respondent asked if it was feasible to have Proposals B, C, I, and J

(as referred to in the consultation paper issued on 21 December 2012) and the

extension of requirements on solicitation, and income and credit bureau

checks to excluded unsecured credit facilities such as business loans,

renovation loans, medical loans and education loans solicitation, income and

credit bureau checks, take effect from 1 December 2013.

MAS Response

15.2 MAS is of the view that the rules can be implemented with effect from

1 December 2013, for the reasons set out in the table below:

Table 2: Feasibility of 1 Dec 2013 as the effective dates of certain rules

Rule Reasons for which immediate implementation (i.e. with effect from 1 December 2013) is feasible

Require FIs to conduct credit bureau and income checks before increasing credit limits.

Industry feedback reveals that most FIs are already conducting some form of credit assessments before increasing credit limits.

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Rule Reasons for which immediate implementation (i.e. with effect from 1 December 2013) is feasible

Require FIs to conduct credit bureau and income checks when information that calls their borrowers’ credit-worthiness into question is received.

Such alerts are not commonly received. The checks required are also not onerous, and no different from checks required for new applications.

Allow FIs to grant credit cards to individuals above 55 years of age who meet any one of the following criteria: (i) annual income of at least

$15,000;16 (ii) total net personal assets

exceeding $750,000; (iii) guarantor with annual income

of at least $30,000.

This is a liberalisation of the existing credit card rules. FIs are free to choose not to utilise the additional flexibility granted.

Extend requirements on solicitation, and income and credit bureau checks to micro-credit cards.

The requirements are no different from those which already apply to all other credit cards.

Extend requirements on solicitation, and income and credit bureau checks to excluded unsecured credit facilities such as business loans, renovation loans, medical loans and education loans.

The requirements are no different from those which already apply to all other unsecured credit facilities, and are also not overly onerous.

Rules taking effect on 1 Jun 2015

Effective date of 12 months’ income limit

Feedback

11.16 One respondent stressed that the implementation of the 12 months’

income limit is dependent on the credit bureaus, and requested a further 12 to

18 months, from the time the credit bureaus’ systems are ready, to implement

the limit.

16

Under the current rules, individuals above 55 years of age qualify for unsecured credit cards only if they have annual incomes of at least $15,000.

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MAS’ Response

11.17 The 12 months’ income limit will only take effect on 1 June 2015, 12

months after aggregate outstanding balances data becomes available in the

credit bureaus on 1 June 2014. FIs are therefore in fact allowed 12 months,

from the time the credit bureaus are ready, to implement the 12 months’

income limit.

Reporting requirements

Effective date of the revised reporting requirements

Feedback

17.1 It was submitted that the updated data returns notices (MAS Notices

759 and 760) be effective from the quarter ending December 2014, instead of

June 2014, to allow more time to effect the necessary system enhancements.

It was further requested that the new data items relating to the 60 day past

due rule and industry-wide limit of 12 months’ income be collected only from

the quarter ending Dec 2015.

MAS Response

17.2 MAS appreciates that a number of system changes are required for FIs

to implement the new rules and thus is agreeable to effecting the new data

items relating to the 60 days past due rule and the 12 months’ income limit

from the quarter ending September 2015, and for other items in the final MAS

Notices 759 and 760 with effect from the quarter ending December 2014.

Monetary Authority of Singapore

29 November 2013

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Annex

16 TABLE 3: APPLICATION OF CREDIT CARD REGULATIONS TO CORPORATE AND BUSINESS CARDS

Policy Corporate/business card, where the cardholder has

no personal liability

Corporate/business card with personal liability issued to employees

Business card issued to owners of sole proprietorships and

partnerships (not being LLPs)

Existing rules

1 Minimum income requirements of $15,000 (for above 55 years old)/ $30,000 (for 55 years old and below)

Exempted

Applicable Exceptions granted for period of overseas travel.

Applicable Exceptions granted for period of overseas travel, and for corporate purchasing cards (i.e. cards used only for business purposes where no entertainment expenses are charged).

2 Maximum credit limit of 2/4 months’ income

Exempted

3 Solicitation (consent before sending cards)

Applicable Applicable Exceptions granted for corporate purchasing cards.

4 Disclosure of interest and charges

5 Credit bureau checks for new applications

New rules

6 Review outstanding balances and credit limits extended across FIs in credit bureau checks.

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Policy Corporate/business card, where the cardholder has

no personal liability

Corporate/business card with personal liability issued to employees

Business card issued to owners of sole proprietorships and

partnerships (not being LLPs)

7 Conduct credit bureau and income checks before increasing credit limits.

Exempted

Applicable

Applicable Exceptions granted for corporate purchasing cards.

8 Conduct checks when alerted that borrowers may be less creditworthy.

9 Disclose how debt accumulates if only minimum payment is made and if none is made.

10 Obtain cardholder’s consent before increasing credit limit.

11 Allow applicants to indicate preferred credit limit.

12 Suspend cards when individual is 60 days or more past due on any card and unsecured credit facility extended by the FI. Exempted

13 Suspend cards when individual accumulates unsecured debt across FIs exceeding 12 months’ income for 3 months or more.