Moneylenders Act (Chapter 188): Primary legislation regulating moneylending businesses in Singapore. Sets maximum interest rates and fees, and establishes requirements for licensed moneylenders. Must be considered if the lender is in the business of moneylending.
Banking Act (Chapter 19): Key legislation governing financial institutions in Singapore. Relevant if the lender is a bank or financial institution, establishing regulatory requirements and compliance obligations.
Contract Act (Chapter 53): Fundamental legislation governing contract formation and enforcement in Singapore. Establishes requirements for valid contracts including offer, acceptance, consideration, and intention to create legal relations.
Civil Law Act (Chapter 43): Contains provisions regarding interest rates (Section 6(1)) and regulations on contractual penalties. Essential for determining legally enforceable interest rates and penalty clauses in loan agreements.
Consumer Protection (Fair Trading) Act: Provides protection for consumers against unfair practices. Must be considered if the borrower is a consumer rather than a business entity.
Personal Data Protection Act 2012: Governs the collection, use, and disclosure of personal data. Relevant for handling personal information in the loan agreement and obtaining necessary consents.
Limitations Act (Chapter 163): Establishes time limits for enforcement of contractual rights and legal actions. Important for determining the period within which loan repayment can be legally enforced.
Income Tax Act: Covers tax implications of loan transactions, including treatment of interest payments and withholding tax requirements for both lender and borrower.
