Debt Collection (General) Regulations 2023

No. S 724

Debt Collection Act 2022

Debt Collection
(General) Regulations 2023

In exercise of the powers conferred by section 45 of the Debt Collection Act 2022, the Minister for Home Affairs makes the following Regulations:

PART 1

PRELIMINARY

Citation and commencement

1.  These Regulations are the Debt Collection (General) Regulations 2023 and come into operation on 1 December 2023.

Definition

2.  In these Regulations, “approval letter” means the approval letter mentioned in regulation 7.

PART 2

LICENCES, ETC.

Application for renewal of licence

3.  For the purposes of section 7(3)(a) of the Act, the prescribed time by which an application to renew a licence must be made is not later than the date on which the licence expires.

Grant or renewal of licence

4.  For the purposes of section 8(3) of the Act —

(a) the prescribed criteria for the purposes of determining whether an applicant is a fit and proper person to hold a licence are as specified in Part 1 of the First Schedule; and

(b) the prescribed criteria for the purposes of determining whether a key appointment holder of an applicant is a fit and proper person to act in that capacity are as specified in Part 2 of the First Schedule.

Prescribed website

5.  For the purposes of sections 15(3) and 16(4)(a) of the Act, the prescribed website is the Internet website at https://www.police.gov.sg/Business-E-Services/Apply-for-Debt-Collection-Business-Licence.

[S 98/2026 wef 09/03/2026]

PART 3

APPROVAL FOR LICENSEES TO DEPLOY INDIVIDUALS AS DEBT COLLECTORS

Approval for licensee to deploy individual as debt collector

6.  For the purposes of section 20(3) of the Act, the prescribed criteria for the purpose of determining whether an individual is a fit and proper person to be deployed as a debt collector by a licensee are as specified in Part 3 of the First Schedule.

Issue of approval letter

7.  The Licensing Officer must, on granting approval for a licensee to deploy an individual as the licensee’s debt collector, issue an approval letter that evidences the grant of approval and is in the form determined by the Licensing Officer, to the licensee and the individual, respectively.

Notification of cessation of deployment of debt collectors

8.  For the purposes of section 28(1) of the Act, the prescribed time for a licensee to notify the Licensing Officer after the cessation of deployment of an individual as a debt collector is 14 days.

PART 4

DUTIES AND RESPONSIBILITIES OF LICENSEES

Collection of debt must be pursuant to written agreement

9.—(1)  A licensee must ensure that every debt that the licensee collects is pursuant to a written agreement between the licensee and the creditor of the debt, which must state the matters mentioned in paragraph (2).

(2)  For the purposes of paragraph (1), the matters are —

(a) where the creditor engages the licensee to collect a particular debt —

(i) that the creditor engages the licensee to collect the debt for the creditor;

(ii) the amount of the debt;

(iii) the identity of the debtor; and

(iv) the fees or charges payable by the creditor to the licensee for collecting or attempting to collect the debt, or the manner of calculating the fees or charges; or

(b) where the creditor engages the licensee to collect a series of debts, a class of debts or debts generally —

(i) that the creditor engages the licensee to collect the series of debts, class of debts or debts generally (as the case may be) for the creditor; and

(ii) either of the following, whichever is applicable:

(A) the fees or charges payable by the creditor to the licensee for collecting or attempting to collect the series of debts, class of debts or debts generally (as the case may be), or the manner of calculating the fees or charges;

(B) the fees or charges payable by the creditor to the licensee for collecting or attempting to collect each debt within the series of debts, class of debts or debts generally (as the case may be), or the manner of calculating the fees or charges.

(3)  A licensee who contravenes paragraph (1) shall be guilty of an offence.

Duty to put in place certain measures

10.—(1)  A licensee must put in place all measures, including appropriate training, that are reasonable and necessary to ensure that every debt collector of the licensee —

(a) does not breach the Act or any written law, including the Penal Code 1871 and the Protection from Harassment Act 2014, in the course of carrying out any debt collection activity; and

(b) carries out any debt collection activity for the licensee in compliance with —

(i) the Act;

(ii) all the conditions of the approval granted under section 20 of the Act for the individual to be deployed as a debt collector of the licensee; and

(iii) all the codes of practice that are applicable to the licensee and relate to the manner in which debt collection activities are to be carried out.

(2)  A licensee who contravenes paragraph (1) shall be guilty of an offence.

Keeping of records

11.—(1)  A licensee must keep and maintain —

(a) proper and accurate records of every written agreement mentioned in regulation 9(1);

(b) a register that sets out the following information in respect of every debt that the licensee collects or attempts to collect:

(i) the name of the person who engaged the licensee to collect the debt;

(ii) the name of the debtor;

(iii) the amount of the debt; and

(c) proper and accurate records of the measures that the licensee has put in place for the purposes of complying with regulation 10(1).

(2)  The licensee must —

(a) keep each record mentioned in paragraph (1)(a) for a period of at least 3 years after the date of the agreement;

(b) keep each record contained in the register mentioned in paragraph (1)(b) for a period of at least 3 years after the date the record is made; and

(c) keep each record mentioned in paragraph (1)(c) for a period of at least 3 years after the date the record is made.

(3)  A licensee who contravenes paragraph (1) or (2) shall be guilty of an offence.

Notification of cessation of debt collection business

12.—(1)  Where a licensee ceases to carry on a debt collection business, the licensee must notify the Licensing Officer of its ceasing to carry on the debt collection business within 14 days after the cessation.

(2)  A licensee who contravenes paragraph (1) shall be guilty of an offence.

PART 5

DUTIES AND RESPONSIBILITIES OF DEBT COLLECTORS OF LICENSEES

Production of approval letter, etc.

13.—(1)  A debt collector of a licensee must, at all times when carrying out a debt collection activity, have in the debt collector’s possession the following:

(a) the debt collector’s approval letter or a physical copy or an electronic copy of the approval letter;

(b) evidence of the debt collector’s identity;

(c) the written agreement mentioned in regulation 9(1) that is entered into between the licensee and the creditor of the debt in respect of which the debt collector is carrying out the debt collection activity, or a physical copy or an electronic copy of the written agreement.

(2)  A debt collector of a licensee must produce his or her approval letter or a physical copy or an electronic copy of the approval letter to any person who enquires about the debt collector’s identity in the course of the debt collector carrying out any debt collection activity.

(3)  A debt collector of a licensee must produce any document or evidence mentioned in paragraph (1) to an inspecting officer or compliance officer when required to do so by the inspecting officer or compliance officer.

(4)  A debt collector who contravenes paragraph (2) or (3) shall be guilty of an offence.

 

Made on 1 November 2023.

PANG KIN KEONG

Permanent Secretary,
Ministry of Home Affairs,
Singapore.

[112/2/122; AG/LEGIS/SL/73A/2020/5 Vol. 1]