An Act to amend the Monetary Authority of Singapore Act (Chapter 186 of the 1999 Revised Edition) and to make related amendments to the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Chapter 65A of the 2000 Revised Edition).
1. This Act may be cited as the Monetary Authority of Singapore (Amendment) Act 2013 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
2. The long title to the Monetary Authority of Singapore Act (referred to in this Act as the principal Act) is amended by inserting, immediately after the words "the Monetary Authority of Singapore", the words ", to provide for the exercise of control over and the resolution of financial institutions and their related entities by the Monetary Authority of Singapore and other authorities, and to establish a framework for the issue of securities by the Monetary Authority of Singapore and the regulation of primary dealers of such securities,".
" "primary dealer" means a person appointed under section 30Q as a primary dealer for securities issued by the Authority.".
(c) by deleting the words "financial services" in subsection (2)(b) and substituting the words "the financial services sector".
5. Section 7(3) of the principal Act is amended by deleting the words "9 other directors" in paragraph (b) and substituting the words "13 other directors".
13B.—(1) The Authority may appoint any person to exercise any of its powers or perform any of its functions or duties under this Act, either generally or in any particular case, except the power of appointment conferred by this subsection, the power of delegation conferred by section 13A(2) and the power to make subsidiary legislation.
(2) Any person appointed by the Authority under subsection (1) shall be deemed to be a public servant for the purposes of the Penal Code (Cap. 224).".
(b) by inserting, immediately after the words "Public servants" in the section heading, the words "and public officers".
"(10) Notwithstanding section 56 of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap. 65A), the Authority may, for the purposes of performing the Authority's functions and duties under this Act, the written laws set out in the Schedule and any other written law, require a relevant Suspicious Transaction Reporting Officer to disclose to the Authority any information or matter which he has obtained in the performance of his duties or the exercise of his functions under the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act.
"Suspicious Transaction Reporting Officer" has the same meaning as in section 2(1) of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act.".
"(5) It shall not be necessary to publish any direction issued under this section or section 27A, 27B or 28 in the Gazette.".
30AA.—(1) This Part shall apply to, and in relation to, every relevant financial institution.
(b) belongs to a class of financial institutions that is prescribed by regulations made under section 30AAJ for the purposes of this definition.
"statutory manager" means a statutory manager appointed under section 30AAB.
"transferor" means a relevant financial institution the whole or any part of the business of which is, is to be, or is proposed to be transferred under section 30AAG(1).
30AAA.—(1) Any relevant financial institution which is or is likely to become insolvent, which is or is likely to become unable to meet its obligations, or which has suspended or is about to suspend payments, shall immediately inform the Authority of that fact.
(2) Any relevant financial institution which contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part thereof during which the offence continues after conviction.
Action by Authority if relevant financial institution unable to meet obligations, etc.
(d) the Authority considers it in the public interest to do so.
(c) assume control of and manage such of the business of the relevant financial institution as the Authority may determine, or appoint one or more persons as statutory manager to do so on such terms and conditions as the Authority may specify.
(b) the property of the relevant financial institution located in Singapore, or reflected in the books of the relevant financial institution in Singapore, as the case may be, in relation to its operations in Singapore.
(c) shall be discharged or exercised by a specified person or such persons.
(c) the compliance or purported compliance with this Act.
(7) Any relevant financial institution that fails to comply with a requirement imposed by the Authority under subsection (2)(a) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $125,000 and, in the case of a continuing offence, to a further fine not exceeding $12,500 for every day or part thereof during which the offence continues after conviction.
30AAC.—(1) Upon assuming control of the relevant business of a relevant financial institution, the Authority or statutory manager, as the case may be, shall take custody or control of the relevant business.
(b) shall be deemed to be an agent of the relevant financial institution.
(b) shall have all the duties, powers and functions of the members of the board of directors of the relevant financial institution (collectively and individually) under this Act, the Companies Act (Cap. 50) and the constitution of the relevant financial institution, including powers of delegation, in relation to the relevant business of the relevant financial institution; but nothing in this paragraph shall require the Authority or statutory manager to call any meeting of the relevant financial institution under the Companies Act or the constitution of the relevant financial institution.
shall be deemed to be revoked, unless the Authority gives its approval, by notice in writing to the person and the relevant financial institution, for the person to remain in the appointment.
(b) where the relevant financial institution is established or incorporated outside Singapore, as the chief executive of the relevant financial institution (in so far as the appointment relates to the relevant business of the relevant financial institution).
(6) Where the Authority has given its approval under subsection (4) or (5) to a person to remain in the appointment of, or to be appointed as, the chief executive or a director of a relevant financial institution, the Authority may at any time, by notice in writing to the person and the relevant financial institution, revoke that approval, and the appointment shall be deemed to be revoked on the date specified in the notice.
(b) no person shall exercise any voting or other right attached to any share in the relevant financial institution in any manner that may defeat or interfere with any duty, function or power of the Authority or statutory manager, and any such act or purported act shall be invalid and of no effect.
(10) Any person who is guilty of an offence under subsection (7) or (8) shall be liable on conviction to a fine not exceeding $125,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $12,500 for every day or part thereof during which the offence continues after conviction.
(11) In this section, "constitution", in relation to a relevant financial institution, means the memorandum of association and articles of association of the relevant financial institution, or any other instrument under which the relevant financial institution is established or incorporated.
(b) it is no longer necessary for the protection of the persons prescribed by regulations made under section 30AAJ for the purposes of section 30AAB(1)(c)(i) in relation to the relevant financial institution.
(2) A statutory manager shall be deemed to have assumed control of the relevant business of a relevant financial institution on the date of his appointment as a statutory manager.
and upon such revocation, the statutory manager shall cease to be in control of the relevant business of the relevant financial institution.
(d) the revocation of a statutory manager's appointment in relation to the relevant business of a relevant financial institution.
(b) any person who has ceased to be or who is still any chief executive, director, member, executive officer, employee, agent, banker, auditor or office holder of, or trustee for, the relevant financial institution shall give to the Authority or statutory manager such information as the Authority or statutory manager may require for the discharge of the Authority's or statutory manager's duties or functions, or the exercise of the Authority's or statutory manager's powers, in relation to the relevant financial institution, within such time and in such manner as may be specified by the Authority or statutory manager.
(b) where the Authority has assumed control of the relevant business of the relevant financial institution, to the Authority and any person appointed by the Authority under section 13B in relation to the Authority's assumption of control of the relevant business, whether or not the Authority has ceased to be in control of the relevant business.
(d) the Court has approved the transfer.
(2) Subsection (1) is without prejudice to the right of a relevant financial institution to transfer the whole or any part of its business under any law.
(b) the transferee will conduct the business of the transferor prudently and comply with the provisions of this Act.
(4) The Authority may at any time appoint one or more persons to perform an independent assessment of, and furnish a report on, the proposed transfer of a transferor's business (or any part thereof) under subsection (1), whether the transferor is incorporated in or outside Singapore.
(5) The remuneration and expenses of any person appointed under subsection (4) shall be paid by the transferor and the transferee jointly and severally.
(6) The Authority shall serve a copy of any report furnished under subsection (4) on the transferor and the transferee.
(7) The Authority may require a person to furnish, within the period and in the manner specified by the Authority, any information or document that the Authority may reasonably require for the discharge of its duties or functions, or the exercise of its powers, under this section and section 30AAH.
(9) Where a person claims, before furnishing the Authority with any information or document that he is required to furnish under subsection (7), that the information or document might tend to incriminate him, the information or document shall not be admissible in evidence against him in criminal proceedings other than proceedings under subsection (8).
30AAH.—(1) A transferor shall apply to the Court for its approval of the transfer of the whole or any part of the business of the transferor to the transferee under section 30AAG(1).
(f) unless the Court directs otherwise, the transferor and the transferee shall serve on their respective customers affected by the transfer, at least 15 days before the application is made, a copy of the report referred to in paragraph (a) or a summary of the transfer approved by the Authority under paragraph (c).
(b) may make any application to the Court in relation to the transfer.
(4) Where the transferor is incorporated in Singapore, the Court shall not approve the transfer if the Authority has not consented under section 30AAG(1)(a) to the transfer.
(b) refuse to approve the transfer.
(6) Where the transferee is not approved, authorised, designated, recognised, registered, licensed or otherwise regulated, under this Act or any of the written laws set out in the Schedule, to carry on in Singapore the significant business of the transferor, the Court may approve the transfer on terms that the transfer shall take effect only in the event of the transferee becoming so approved, authorised, designated, recognised, registered, licensed or regulated, as the case may be.
(f) such incidental, consequential and supplementary matters as are, in the opinion of the Court, necessary to secure that the transfer is fully effective.
(c) make provision as to any future or contingent right or liability of the transferor, including provision as to the construction of any instrument under which any such right or liability may arise.
(9) Subject to subsection (10), where an order made under subsection (7) provides for the transfer to the transferee of the whole or any part of the transferor's business, then by virtue of the order the business (or part thereof) of the transferor specified in the order shall be transferred to and vest in the transferee, free in the case of any particular property (if the order so directs) from any charge which by virtue of the transfer is to cease to have effect.
(10) No order under subsection (7) shall have any effect or operation in transferring or otherwise vesting land in Singapore until the appropriate entries are made with respect to the transfer or vesting of that land by the appropriate authority.
(11) If any business specified in an order under subsection (7) is governed by the law of any foreign country or territory, the Court may order the transferor to take all necessary steps for securing that the transfer of the business to the transferee is fully effective under the law of that country or territory.
(b) where the order relates to land in Singapore, an office copy of the order with the appropriate authority concerned with the registration or recording of dealings in that land.
(13) A transferor or transferee which contravenes subsection (12), and every officer of the transferor or transferee (as the case may be) who fails to take all reasonable steps to secure compliance by the transferor or transferee (as the case may be) with that subsection, shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $2,000 and, in the case of a continuing offence, to a further fine not exceeding $200 for every day or part thereof during which the offence continues after conviction.
(c) a liquidator of the transferor or transferee (as the case may be) appointed in a voluntary winding up.
the Authority may, if it thinks it necessary in the public interest or for the protection of such persons as may be prescribed by regulations made under section 30AAJ for the purposes of this subsection in relation to the relevant financial institution, by notice in writing to the relevant financial institution, direct the relevant financial institution to remove the director or executive officer, as the case may be, from his office or employment within such period as may be specified by the Authority in the notice, and the relevant financial institution shall comply with the notice.
(3) Without prejudice to any other matter that the Authority may consider relevant, the Authority shall, when determining whether a director or an executive officer of a relevant financial institution has failed to discharge the duties of his office for the purposes of subsection (2)(c), have regard to such criteria as may be prescribed by regulations made under section 30AAJ.
(b) in the notice referred to in paragraph (a), call upon the relevant financial institution and the person to show cause, within such time as may be specified in the notice, why the person should not be removed.
the Authority may direct the relevant financial institution to remove the person under subsection (2).
(6) Any relevant financial institution which, or any director or executive officer of a relevant financial institution who, is aggrieved by a direction of the Authority under subsection (2) may, within 30 days after receiving the direction, appeal in writing to the Minister, whose decision shall be final.
(7) Any relevant financial institution which contravenes subsection (1) or fails to comply with a notice issued under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $250,000 and, in the case of a continuing offence, to a further fine not exceeding $25,000 for every day or part thereof during which the offence continues after conviction.
(8) No criminal or civil liability shall be incurred by a relevant financial institution, or any person acting on behalf of the relevant financial institution, in respect of anything done (including any statement made) or omitted to be done with reasonable care and in good faith in the discharge or purported discharge of the obligations of the relevant financial institution under this section.
"regulatory authority", in relation to a foreign country or territory, means an authority of the foreign country or territory exercising any function that corresponds to a regulatory function of the Authority under this Act or any of the written laws set out in the Schedule.
30AAJ.—(1) The Authority may make regulations for the purposes of this Part, including regulations to prescribe anything which may be prescribed under this Part.
(b) in any other case, with a fine not exceeding $250,000 and, in the case of a continuing offence, with a further fine not exceeding $25,000 for every day or part thereof during which the offence continues after conviction.
(3) For the purposes of sections 30AAB(1)(c)(i) and 30AAC(3)(a), the Authority may prescribe different persons and different classes of persons in relation to different relevant financial institutions and different classes of relevant financial institutions.
"Take-over Code" means the Singapore Code on Take‑overs and Mergers which is referred to in section 139 of the Securities and Futures Act (Cap. 289) and is issued by the Authority under section 321(1) of that Act.
(c) any other matter that the Authority considers relevant.
(b) where it is in the public interest to do so.
(e) the cessation of any business of the person, being a business which is regulated under this Act or any of the written laws set out in the Schedule.
(3) A person to whom any direction is issued under subsection (1), or to whom any regulations made under subsection (1) applies, shall comply with the direction or regulations, notwithstanding any other duty imposed on the person by any rule of law, written law or contract.
(4) A person shall not in carrying out any act in compliance with any direction issued or regulations made under subsection (1) be treated as being in breach of any such rule of law, written law or contract.
(5) A person shall not disclose any direction issued under subsection (1) if the Authority notifies the person that the Authority is of the opinion that the disclosure of the direction is against the public interest.
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $125,000 and, in the case of a continuing offence, to a further fine not exceeding $12,500 for every day or part thereof during which the offence continues after conviction.
(6) It shall not be necessary to publish any direction issued under subsection (1) in the Gazette.
30AAN.—(1) Where a person ceases to be a specified financial institution, any direction or notice issued under this Act or any of the written laws set out in the Schedule (being a direction or notice which was in force, and which applied to that person, immediately before that person ceased to be a specified financial institution) shall, notwithstanding any rule of law or written law to the contrary, continue to apply to that person, until that direction or notice is cancelled by the Authority.
(3) Any person referred to in subsection (1) who, after ceasing to be a specified financial institution, fails to comply with a direction or notice referred to in that subsection shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1 million and, in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part thereof during which the offence continues after conviction.
30AAO.—(1) The Authority may, if it considers it to be in the interests of the affected persons of a specified financial institution, make an order prohibiting that specified financial institution from carrying on its significant business or from doing or performing any act or function connected with its significant business or any aspect thereof that may be specified in the order.
(f) that no steps shall be taken by any person, other than a person specified in the order, to sell, transfer, assign or otherwise dispose of any property of the specified financial institution.
(3) Any sale, transfer, assignment or other disposition of any property of the specified financial institution in contravention of any order made under subsection (2)(f) shall be void.
(4) Any order made under subsection (2) shall be valid for a period not exceeding 6 months.
(5) So long as an order under subsection (1) remains in force, the Authority may, by notice in writing to that specified financial institution, suspend the approval, authorisation, designation, recognition, registration or licence of that specified financial institution under the relevant Act.
(b) the company has contravened any provision of this Act or any of the written laws set out in the Schedule.
(c) the unregistered company is carrying on or has carried on the significant business of a specified financial institution in Singapore in contravention of any provision of this Act or any of the written laws set out in the Schedule.
(b) continues to be unable to pay its debts.
(b) in the case of a foreign company which is carrying on or has carried on the significant business in Singapore of a specified financial institution, a liquidator appointed for its liquidation or dissolution at its place of incorporation or origin shall not have or exercise any power or function of a liquidator in Singapore, unless the liquidator has been approved by the Authority.
(5) For the avoidance of doubt, subsection (4)(a) shall not affect the operation of section 263(a), (d), (da) or (e) of the Companies Act.
(6) Any approval of the Authority under subsection (4)(b) may be granted subject to such conditions as the Authority may determine, and the Authority may add to, vary or revoke any such condition.
(7) Notwithstanding any written law or rule of law, where a company which is carrying on or has carried on the significant business of a specified financial institution in Singapore is being wound up under the Companies Act, the Authority shall, subject to such modifications as may be necessary, have the same powers and rights as a creditor of the company under that Act, including the right to appear and be heard before the Court in any proceedings in the winding up.
(8) Without prejudice to subsections (6) and (7) and notwithstanding any written law or rule of law, where a company which is carrying on or has carried on the significant business in Singapore of a specified financial institution is being wound up, its liquidator (whether appointed under the Companies Act or, in the case of a foreign company, appointed at its place of incorporation or origin) shall give the Authority such information as the Authority may from time to time require about the affairs of the company and the winding up.
"unregistered company" has the same meaning as in section 350 of the Companies Act.
(e) the orders referred to in paragraphs (a) and (c).
(2) Where it appears to the Authority that the director or executive officer has acted recklessly, fraudulently or dishonestly in relation to the specified financial institution, the Authority may apply to the Court to extend, and the Court may order the extension of, the length of the relevant period.
(3) In this section, "relevant period" means the period of 2 years immediately preceding the date on which the Authority began to exercise its powers under this Part or the date on which the Authority began to exercise its powers under the relevant provisions, whichever is the earlier.
"transferor" means a pertinent financial institution the whole or any part of the business of which is, is to be, or is proposed to be transferred under this Division.
(d) the transfer involves the whole or part of the significant business of the transferor.
(2) Where the transferor is a pertinent financial institution incorporated or established outside Singapore, any determination shall only be in respect of the transferor's business (or any part thereof) which is reflected in the books of the transferor in Singapore in relation to the transferor's operations in Singapore, and the references to depositors and affected persons in subsection (1)(c) shall be construed accordingly.
(b) to furnish to the Authority a report on the assessment and on the proposed transfer.
(4) The remuneration and expenses of any person appointed under subsection (3) shall be paid by the transferor.
(5) The Authority shall serve a copy of any report furnished under subsection (3) on the transferor and the transferee.
(6) A determination may provide for the transfer of the business (or any part thereof) of the transferor to a transferee who is not approved, authorised, designated, recognised, registered, licensed or otherwise regulated under any of the written laws set out in the Schedule to carry on in Singapore the significant business of the transferor, on terms that the transfer shall take effect only in the event of the transferee becoming so approved, authorised, designated, recognised, registered, licensed or regulated, as the case may be.
(7) Upon making a determination, the Authority shall submit the determination to the Minister for his approval.
(b) cause to be given to the transferor notice in writing of his intention to approve the determination, specifying such particulars as he considers appropriate and the date by which the transferor may make written representations to him.
(9) In determining the period within which written representations have to be made under subsection (8), the Minister shall take into account the need for the transfer to be effected expeditiously in the interest of the stability of the financial system in Singapore.
(10) Upon receipt of any written representation, the Minister shall consider the representation for the purpose of deciding whether to approve the determination.
(11) Where the transferor is a bank incorporated in Singapore, the Minister shall not approve the determination unless he is satisfied that it is in the national interest to do so.
(13) Any approval under subsection (12) shall be subject to such conditions as the Minister may determine, and the Minister may add to, vary or revoke any such condition.
(14) A determination, an approval under subsection (12) of a determination or the issue of a certificate shall not preclude the exercise of any power by the Authority or the Minister under this Act or the relevant Act applicable to the transferor.
30AAT.—(1) If the Minister approves a determination, he shall, as soon as practicable, issue a certificate of transfer, which shall come into effect on the date specified by him in the certificate.
(2) The certificate shall specify such information as may be prescribed by regulations made under section 30AAZN.
(g) such incidental, consequential and supplementary matters as are, in the Minister's opinion, necessary to secure that the transfer is fully effective, including conditions relating to the transfer.
(4) The Minister may at any time before the certificate comes into effect add to, vary or revoke any matter specified in the certificate.
(5) On or before the date on which the certificate comes into effect, the Authority shall cause the certificate and any addition, variation or revocation referred to in subsection (4) to be served on the transferor and the transferee and published in the Gazette and in such newspaper or newspapers as the Minister may determine.
(6) Subject to subsection (7), unless otherwise specified in the certificate, the transfer of the business (or any part thereof) of the transferor under the certificate shall take effect on the date on which the certificate comes into effect.
(7) Where the transferee is not approved, authorised, designated, recognised, registered, licensed or otherwise regulated, under this Act or any of the written laws set out in the Schedule, to carry on in Singapore the significant business of the transferor, the transfer of the business (or any part thereof) shall not come into effect unless the transferee becomes so approved, authorised, designated, recognised, registered, licensed or regulated, as the case may be.
(c) any proceedings or cause of action, by or against the transferor, pending or existing immediately before that date and relating to the business (or any part thereof) may be continued and shall be enforced by or against the transferee as from that date.
(9) For the avoidance of doubt, the business (or any part thereof) of the transferor shall be transferred to and vest in the transferee in accordance with subsection (8), notwithstanding any incapacity of the transferor.
(10) The certificate shall not have any effect or operation in transferring or otherwise vesting land in Singapore until the appropriate entries are made with respect to the transfer or vesting of that land by the appropriate authority.
(11) Section 259 of the Companies Act (Cap. 50) shall not apply to the transfer of any property under the certificate.
(12) If any specified business is governed by the law of any foreign country or territory, and the transferee so requires, the transferor shall take all necessary steps for securing that the transfer of the specified business to the transferee is fully effective under the law of that country or territory.
(c) where the certificate relates to land in Singapore, an office copy of the certificate with the appropriate authority concerned with the registration or recording of dealings in that land.
(14) A transferor or transferee which fails to comply with any provision in the certificate shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $250,000 and, in the case of a continuing offence, to a further fine not exceeding $25,000 for every day or part thereof during which the offence continues after conviction.
(15) A transferor which contravenes subsection (12) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $250,000 and, in the case of a continuing offence, to a further fine not exceeding $25,000 for every day or part thereof during which the offence continues after conviction.
(16) A transferor or transferee which contravenes subsection (13), and every officer of the transferor or transferee (as the case may be) who fails to take all reasonable steps to secure compliance by the transferor or transferee (as the case may be) with that subsection, shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $2,000 and, in the case of a continuing offence, to a further fine not exceeding $200 for every day or part thereof during which the offence continues after conviction.
Moratorium, avoidance of disposition of property, etc.
(ii) where the certificate specifies a different date for the coming into effect of the transfer of any specified business, the last day on which the transfer of every specified business has come into effect.
(d) any sale, transfer, assignment or other disposition of the specified business shall be void.
"transferor" means a shareholder of a pertinent financial institution whose shares in the pertinent financial institution are, are to be, or are proposed to be, transferred under this Division.
(3) The remuneration and expenses of any person appointed under subsection (2) shall be paid by the pertinent financial institution.
(4) The Authority shall serve a copy of any report furnished under subsection (2) on the transferor and the transferee.
(5) Upon making a determination, the Authority shall submit the determination to the Minister for his approval.
(7) In determining the period within which written representations have to be made under subsection (6), the Minister shall take into account the need for the transfer to be effected expeditiously in the interest of the stability of the financial system in Singapore.
(8) Upon receipt of any written representation, the Minister shall consider the representation for the purpose of deciding whether to approve the determination.
(ii) in any other case, it is in the public interest to do so.
(11) Any approval under subsection (10) shall be subject to such conditions as the Minister may determine, and the Minister may add to, vary or revoke any such condition.
(12) The transferor shall comply with every condition referred to in subsection (11) that applies to the transferor.
(13) The transferee shall comply with every condition referred to in subsection (11) that applies to the transferee.
(14) A determination, an approval under subsection (10) of a determination or the issue of a certificate shall not preclude the exercise of any power by the Authority or the Minister under this Act or the relevant Act applicable to the pertinent financial institution.
30AAX.—(1) If the Minister approves a determination, he shall, as soon as practicable, issue a certificate of transfer, which shall come into effect on the date specified by him in the certificate.
(d) such incidental, consequential and supplementary matters as are, in the Minister's opinion, necessary to secure that the transfer is fully effective, including conditions relating to the transfer.
(5) On or before the date on which the certificate comes into effect, the Authority shall cause the certificate and any addition, variation or revocation referred to in subsection (4) to be served on the pertinent financial institution and published in the Gazette and in such newspaper or newspapers as the Minister may determine.
(b) the certificate shall have effect according to its tenor and be binding on any person thereby affected.
(7) For the avoidance of doubt, the shares of the transferor shall be transferred to and vest in the transferee in accordance with subsection (6), notwithstanding the death or dissolution, the bankruptcy or winding up, or the mental or other incapacity, of the transferor.
(8) Section 259 of the Companies Act (Cap. 50) shall not apply to the transfer of any share under the certificate.
(b) shall not be required to make a take-over offer or be required to acquire the shares of the other shareholders of the pertinent financial institution, notwithstanding the provisions of the Companies Act or the Take-over Code.
(b) he has complied with the provision within a reasonable time after becoming aware of the contravention.
(12) Except as provided in subsection (11), it shall not be a defence for a person charged with an offence under subsection (10) that he did not intend to or did not knowingly contravene any provision in the certificate.
(l) any sale, transfer, assignment or other disposition of any property of the pertinent financial institution shall be void.
"subscriber" means any person to whom shares in a pertinent financial institution incorporated in Singapore are, are to be, or are proposed to be, issued under this Division.
(ii) any paid-up share capital of the pertinent financial institution is lost or not represented by the available assets of the pertinent financial institution.
(b) to furnish to the Authority a report on the assessment and on the proposed restructuring of share capital.
(4) The remuneration and expenses of any person appointed under subsection (3) shall be paid by the pertinent financial institution in which the shares are proposed to be issued.
(b) where the report is in relation to a determination to be made under subsection (2), on the subscriber.
(6) Upon making a determination, the Authority shall submit the determination to the Minister for his approval.
(b) cause to be given to the pertinent financial institution notice in writing of his intention to approve the determination, specifying such particulars as he considers appropriate and the date by which the pertinent financial institution may make written representations to him.
(8) In determining the period within which written representations have to be made under subsection (7), the Minister shall take into account the need for the restructuring of share capital to be effected expeditiously in the interest of the stability of the financial system in Singapore.
(9) Upon receipt of any written representation, the Minister shall consider the representation for the purpose of deciding whether to approve the determination.
(d) refuse to approve the determination.
(12) Any approval under subsection (11) shall be subject to such conditions as the Minister may determine, and the Minister may add to, vary or revoke any such condition.
(13) The pertinent financial institution shall comply with every condition referred to in subsection (12) that applies to it.
(14) The subscriber shall comply with every condition referred to in subsection (12) that applies to the subscriber.
(15) A determination, an approval under subsection (11) of a determination or the issue of a certificate shall not preclude the exercise of any power by the Authority or the Minister under this Act or the relevant Act applicable to the pertinent financial institution.
30AAZA.—(1) If the Minister approves a determination, he shall, as soon as practicable, issue a certificate of restructuring of share capital, which shall come into effect on the date specified by him in the certificate.
(d) such incidental, consequential and supplementary matters as are, in the Minister's opinion, necessary to secure that the restructuring of share capital is fully effective, including conditions relating to the restructuring of share capital.
(ii) the certificate shall have effect according to its tenor and be binding on any person thereby affected.
(b) shall not be required to make a take-over offer or be required to acquire the shares of the other shareholders of the pertinent financial institution, notwithstanding the provisions of the Companies Act (Cap. 50) or the Take-over Code.
(8) The pertinent financial institution shall lodge a copy of the certificate with the Registrar of Companies within 7 days after being served the certificate.
(11) Except as provided in subsection (10), it shall not be a defence for a person charged with an offence under subsection (9) that he did not intend to or did not knowingly contravene any provision in the certificate.
(12) Any pertinent financial institution which contravenes subsection (8), and every officer of the pertinent financial institution who fails to take all reasonable steps to secure compliance by the pertinent financial institution with that subsection, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 and, in the case of a continuing offence, to a further fine not exceeding $200 for every day or part thereof during which the offence continues after conviction.
(f) any sale, transfer, assignment or other disposition of any property of the pertinent financial institution shall be void.
(c) a liquidator of the pertinent financial institution appointed in a voluntary winding up.
"resolution authority", in relation to a foreign country or territory, means an authority of the foreign country or territory which, whether alone or together with one or more other authorities of the foreign country or territory, is responsible for the resolution, or for preparing plans for dealing with the resolution, of a financial institution.
(h) the rendering of assistance will not be contrary to the public interest or the interests of the affected persons of the financial institution.
(b) is necessary for the performance of the duties and functions of that person, body or authority, as the case may be.
(c) whether the resolution authority has given or is willing to give an undertaking to the Authority to contribute towards the costs of providing the assistance that the resolution authority has requested for.
(d) request any ministry or department of the Government, or any statutory authority in Singapore, to furnish to the Authority any material that is requested by the resolution authority or a copy thereof, and transmit the material or copy to the resolution authority.
(2) An order under subsection (1)(b) or (c) shall have effect notwithstanding any obligation as to secrecy or other restriction upon the disclosure of information imposed by any prescribed written law or any requirement imposed thereunder, any rule of law, any contract or any rule of professional conduct.
(3) Nothing in this section shall compel an advocate and solicitor, or a legal counsel referred to in section 128A of the Evidence Act (Cap. 97), to furnish or transmit any material or copy thereof that contains, or to disclose, a privileged communication made by or to him in that capacity.
(4) An advocate and solicitor, or a legal counsel referred to in section 128A of the Evidence Act, who refuses to furnish or transmit any material or copy thereof that contains, or to disclose, any privileged communication shall nevertheless be obliged to give the name and address (if he knows them) of the person to whom, or by or on behalf of whom, the privileged communication was made.
(5) A person is not excused from making an oral statement pursuant to an order made under subsection (1)(d) on the ground that the statement might tend to incriminate him but, where the person claims before making the statement that the statement might tend to incriminate him, that statement shall not be admissible in evidence against him in criminal proceedings other than proceedings for an offence under section 30AAZG.
30AAZF.—(1) Notwithstanding any obligation as to secrecy or other restriction upon the disclosure of information imposed by any prescribed written law or any requirement imposed thereunder, any rule of law, any contract or any rule of professional conduct, the Authority may, on its own motion or upon receiving a written request from a domestic authority for any material in relation to the resolution of a specified financial institution, transmit to the domestic authority any such material that is in the possession of the Authority or a copy thereof.
(c) whether the domestic authority has given a written undertaking not to disclose to a third party any material or copy thereof obtained pursuant to the request or transmitted by the Authority on its own motion, unless the domestic authority is compelled to do so by the law or the Court.
Immunity for furnishing material, etc.
(c) doing or omitting to do any act, if he had done or omitted to do the act with reasonable care and in good faith and as a result of complying with an order made under section 30AAZE(1)(b) or (c).
(2) Any person who complies with an order made under section 30AAZE(1)(b) or (c) shall not be treated as being in breach of any restriction upon the disclosure of information or thing imposed by any prescribed written law or any requirement imposed thereunder, any rule of law, any contract or any rule of professional conduct.
(ii) all or any of the entities treated, for accounting purposes according to the Accounting Standards, as part of the group of companies of the specified financial institution.
(2) A significant associated entity of a specified financial institution shall comply with any direction given to the significant associated entity, or any requirement imposed on the significant associated entity, by any notice issued to the significant associated entity under subsection (1).
(3) It shall not be necessary to publish any notice issued under subsection (1) in the Gazette.
(4) Any significant associated entity (of a specified financial institution) which contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $250,000 and, in the case of a continuing offence, to a further fine not exceeding $25,000 for every day or part thereof during which the offence continues after conviction.
(B) all or any of the entities which are treated, for accounting purposes according to the Accounting Standards, as part of the group of companies of the specified financial institution.
(b) no order shall be made by any court for the rectification or stay of any such sale, transfer, assignment or other disposition.
30AAZK.—(1) The Minister or the Authority may require a person to furnish, within the period and in the manner specified by the Minister or the Authority, any information or document that the Minister or the Authority may reasonably require for the discharge of his or its duties or functions, or the exercise of his or its powers, under this Part.
(3) Where a person claims, before furnishing the Minister or the Authority with any information or document that the person is required to furnish under subsection (1), that the information or document might tend to incriminate the person, the information or document shall not be admissible in evidence against the person in criminal proceedings other than proceedings under subsection (2).
30AAZL.—(1) No criminal or civil liability shall be incurred by an officer of a specified financial institution, or of a significant associated entity referred to in section 30AAZI, for anything done (including any statement made) or omitted to be done with reasonable care and in good faith in complying with any provision of this Part or any direction given, notice issued or requirement imposed by the Minister or the Authority under this Part.
(c) a liquidator of the specified financial institution or significant associated entity (as the case may be) appointed in a voluntary winding up.
30AAZM.—(1) The Minister may, by order published in the Gazette, direct that section 30AAU(1) or (2), 30AAX(13) or 30AAZA(13), or any provision thereof, shall cease to apply to any pertinent financial institution, any business (or any part thereof) of any pertinent financial institution or any share in any pertinent financial institution, and on the date specified by the Minister in the order, section 30AAU(1) or (2), 30AAX(13) or 30AAZA(13), or the provision thereof, as the case may be, shall cease to apply to the pertinent financial institution, the business (or the part thereof) of the pertinent financial institution or the share in the pertinent financial institution, as the case may be.
(2) In this section, "business" includes affairs, property, right, obligation and liability.
30AAZN.—(1) The Minister may make such regulations as may be necessary or expedient for carrying out the purposes and provisions of this Part and for prescribing anything that may be required to be prescribed under this Part.
(3) For the purposes of the definition of "affected person" in section 30AAK, the Minister may prescribe, in relation to any specified institution, different persons for different purposes.
(4) For the purposes of the definitions of "excluded financial institution" and "pertinent financial institution" in section 30AAK, the Minister may prescribe different financial institutions for different purposes.
(5) All regulations made under this section shall be presented to Parliament as soon as possible after publication in the Gazette.
"security interest" means an interest, not being an interest arising from a trust, in property which secures the payment of a debt or performance of an obligation.
(c) otherwise service and maintain book-entry MAS securities.
(2) The Authority may take all action necessary in respect of book-entry MAS securities to enable the Authority to perform its obligations as depositary with respect to such securities.
30G.—(1) A transfer or a pledge of book-entry MAS securities to the Authority or to any transferee or pledgee eligible to maintain an appropriate account in its name with the Authority shall be effected, notwithstanding any written law to the contrary, by the Authority making an appropriate entry in its records of the securities transferred or pledged.
(d) in the case of a pledge, have the effect of vesting a security interest in favour of the pledgee.
(3) A transfer or pledge of any book-entry MAS securities effected in accordance with this section shall have priority over any transfer or pledge involving, or any interest in, the securities effected or created in any other manner before, on or after the date of the transfer or pledge in accordance with this section.
30H.—(1) Notwithstanding section 30G, a transfer or pledge of book-entry MAS securities, or any interest therein, which is maintained by the Authority in an account may be effected by any means that would be effective to effect a transfer or pledge of book-entry MAS securities, or any interest therein, if the securities were issued by the Authority in the form of engraved or printed certificates.
(b) a person in possession of book-entry MAS securities for the purposes of acknowledgment of transfers of such securities not effected in accordance with section 30G.
(b) the person in possession from which acknowledgment of the holding of the securities may be obtained.
(4) The Authority shall not accept any notice or advice of a transfer or pledge of any book-entry MAS securities not effected in accordance with section 30G and any such notice or advice shall be void.
(5) The Authority may continue to deal with its depositor in accordance with this Part notwithstanding any transfer or pledge not effected in accordance with section 30G.
according to the instructions of its depositor, notwithstanding that the depositor had no right to dispose of or take any other action in respect of the securities.
(2) The Authority shall be fully discharged of its obligations under this Part by the transfer or delivery of book-entry MAS securities upon the instructions of its depositor.
30J.—(1) The Authority shall, following any transaction affecting book-entry MAS securities maintained for any depositor under this Part, issue to each depositor a confirmation thereof in the form of an advice (serially numbered or otherwise).
(2) The advice referred to in subsection (1) shall specify the amount and description of the securities and any other pertinent transaction data.
30K.—(1) Subject to subsection (2), the interest payable on any book-entry MAS securities issued under this Part, if any, shall be paid half-yearly at the office of the Authority as shall be prescribed in regulations made under section 30P relating to the issue of the securities.
(2) Where any book-entry MAS securities that are redeemable at the election of the holder thereof at any time are redeemed before the date of maturity of the securities, a portion of the half-yearly interest payable on the securities (calculated on a pro-rata basis) shall be payable on such date as may be specified as the redemption date in the duly served notice of intention to redeem the securities.
(ii) such date as may be specified as the redemption date in any notice of intention to redeem that is duly served in the manner prescribed by regulations made under section 30P.
(2) After the date of maturity of the book-entry MAS securities under subsection (1), all the interest on the principal sums payable on the securities shall cease and determine, whether or not payment of the principal sums has been demanded.
(3) Redemption proceeds of book-entry MAS securities shall be disposed of in accordance with the instructions from the depositor for whose account the securities shall have been maintained by the Authority.
30M.—(1) The Authority may, from time to time, by public notice invite the public to apply to redeem any book-entry MAS securities specified in the public notice before the date of maturity of those securities.
(b) such other information as the Authority may consider necessary.
(3) The Authority may refuse any application to redeem any book-entry MAS securities before the date of maturity of those securities without assigning any reason.
30N.—(1) The Authority may, from time to time, by public notice invite the public to apply to take up book-entry MAS securities issued under this Part.
(2) The Authority may refuse any application to take up book-entry MAS securities issued under this Part without assigning any reason.
30O.—(1) The Authority may, from time to time, enter into securities lending arrangements by lending book-entry MAS securities issued under this Part to primary dealers.
(2) Lending book-entry MAS securities shall include an arrangement under which book-entry MAS securities are sold and repurchased.
30P.—(1) The Authority may make regulations for the purposes of this Part, including regulations to prescribe anything which may be prescribed under this Part.
(c) the manner in which book-entry MAS securities shall be issued.
(b) offering to redeem any securities issued by the Authority on behalf of another person in pursuance of any public invitation under section 30M or otherwise.
(3) The Authority may, in any particular case, require a financial institution applying to be appointed as a primary dealer (referred to in this section as an applicant) to furnish such information or document as the Authority deems relevant to its consideration under subsection (2).
(c) the applicant makes any statement, or furnishes any information or document, in relation to its application that is false or misleading in any material particular, or omits to state any matter or thing without which its application is false or misleading in a material particular.
(5) Every appointment as a primary dealer under this section shall continue in force for such period as may be specified by the Authority, unless the appointment is earlier cancelled or suspended.
(b) to be subject, under section 30R, to the conditions and restrictions to which his appointment as a primary dealer under section 29A of the Government Securities Act is subject.
30R.—(1) The Authority may appoint any financial institution as a primary dealer subject to such conditions or restrictions as the Authority thinks fit.
(2) Without prejudice to the generality of subsection (1), the Authority may impose such conditions or restrictions with respect to the type of services which may or may not be provided by the primary dealer as the Authority may consider appropriate.
(3) Subject to subsections (4), (5) and (6), the Authority may at any time add to, vary or revoke any condition or restriction of the appointment of any financial institution as a primary dealer.
(c) specifying the time (being not less than 28 days after the date of service of the notice on the financial institution) within which written representations with respect to the proposed modification may be made.
(b) in either case, the Authority shall thereupon issue a notice in writing to the primary dealer concerned requiring that effect be given, within a reasonable time, to the proposed modification specified in the notice or to such modification as may subsequently be amended by the Authority.
(6) If no written representation is received by the Authority within the time specified under subsection (4)(c), or if any written representation made under that subsection is subsequently withdrawn, the modification shall take effect as specified in the notice given under that subsection.
(c) may be varied or revoked at any time by the Authority.
(3) Every primary dealer shall comply with every direction of the Authority given to the dealer under this section.
(4) It shall not be necessary to publish any direction under subsection (1) in the Gazette.
the Authority may by order cancel the appointment as a primary dealer.
(b) reprimand the primary dealer in writing.
(3) In the case of a failure by a primary dealer to comply with any direction issued by the Authority under section 30S, the Authority may, in addition to any order that may be made under subsection (2), order the primary dealer to pay to the Authority, for every day or part thereof of such failure, a financial penalty in accordance with such formula as the Minister may, by notification published in the Gazette, prescribe.
(4) A financial penalty collected by the Authority under subsection (3) shall be paid into the Consolidated Fund.
(5) The Authority shall not make any order under subsection (1), (2) or (3) against a primary dealer unless the Authority has given to the primary dealer an opportunity of being heard by a representative in writing, being a period of at least 21 days but not more than 28 days.
(6) Where the Authority has made any order under subsection (1), (2) or (3) against any primary dealer, it shall serve on the primary dealer a notice of the order.
(7) Subject to subsections (8) and (9), any order made by the Authority under subsection (1), (2) or (3) against any primary dealer shall not take effect until the expiration of 21 days after the Authority has served the notice of the order on the primary dealer.
(b) affect the validity or enforceability of any agreement, transaction or arrangement in respect of any securities issued by the Authority entered into (whenever) by the primary dealer.
(9) An order of reprimand under subsection (2) shall take effect on the date it is served on the primary dealer concerned.
(10) The Authority may recover on behalf of the Government any financial penalty ordered under subsection (3) as though the financial penalty were a civil debt due to the Authority.
may, within 14 days after the receipt by the primary dealer of the notice of the condition or restriction, the direction (or variation thereof) or the order, as the case may be, appeal to the Minister whose decision shall be final.
(b) every other notice, direction (or variation thereof) or order appealed against shall take effect and be complied with until the determination of the appeal.
(3) Subject to subsection (4), the Minister may determine an appeal under this section by confirming, varying or reversing the notice, direction (or variation thereof) or order of the Authority that is appealed against.
(4) If the Minister is satisfied that an appeal by a primary dealer is instituted or pursued without reasonable ground, the Minister may, without calling for a reply from the Authority, but after giving the primary dealer an opportunity to be heard, determine the appeal by confirming the notice, direction (or variation thereof) or order of the Authority that is appealed against.
(c) the primary dealer has satisfied or satisfies any of its obligations under or arising from this Part.
(ii) retain possession of any of such books for so long as is necessary for the purposes of exercising a power conferred by this section (except subsection (4)).
(3) No person shall be entitled, as against the Authority, to claim a lien on any of the books, but such a lien is not otherwise prejudiced.
(b) may permit any other person to inspect any of the books.
(5) The Authority may require a person who produced any book to the Authority to explain, to the best of his knowledge and belief, any matter about the compilation of the book or to which the book relates.
(6) Any person who fails, without reasonable excuse, to comply with subsection (2) or a requirement of the Authority under subsection (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part thereof during which the offence continues after conviction.
(7) In this section, "books" includes any record, register, document or other record of information, and any account or accounting record, however compiled, recorded or stored, whether in written or printed form or on microfilm or in any electronic form or otherwise.
30W.—(1) The Authority may make regulations for the purposes of this Part, including regulations to prescribe anything which may be prescribed under this Part.
(ii) in any other case, with a fine not exceeding $25,000 and, in the case of a continuing offence, with a further fine not exceeding $2,500 for every day or part thereof during which the offence continues after conviction.".
"(4) All sums collected by the Authority under subsection (1) or (1A) shall be paid into the Consolidated Fund.".
"Recovery of fees, expenses, etc.
(iv) any person appointed to perform any independent assessment under Part IVA or IVB.
41C.—(1) The Authority may, by regulations, exempt any person or class of persons from all or any of the provisions of Parts IVA, VA and VB and any regulations made under section 27A, 27B, 28A, 30AAJ, 30AAM, 30P or 30W, subject to such conditions or restrictions as may be prescribed.
subject to such conditions or restrictions as the Authority may specify by notice in writing.
(3) The Authority may at any time, by notice in writing to a person, add to, vary or revoke any condition or restriction imposed on the person under subsection (2).
(4) It shall not be necessary to publish any exemption granted under subsection (2) in the Gazette.".
14. Section 42 of the principal Act is amended by inserting, immediately after the word "regulations" in the section heading, the words "relating to objects and purposes of Act".
"Sections 16(2), 23(8), (9) and (10), 30AA(4), 30AAH(6), 30AAI(2) and (9), 30AAK, 30AAM(2), 30AAN(1) and (2), 30AAP(1) and (2), 30AAQ(1), 30AAR, 30AAS(6), 30AAT(7) and 30AAZI(5)".
16. For a period of 2 years after the date of commencement of any provision of this Act, the Minister may, by regulations, prescribe such provisions of a savings or transitional nature consequent on the enactment of that provision as he may consider necessary or expedient.
"(1A) A Suspicious Transaction Reporting Officer who is an officer or employee of the Monetary Authority of Singapore may disclose to the Monetary Authority of Singapore any information or matter which he has obtained in the performance of his duties or the exercise of his functions under this Act.".


text:
Play ev.io
ev.io is a futuristic Halo-esque first person shooter in the browser. The game currently supports two game modes. In deathmatch, compete in a free-for-all against other players to score the highest number of kills. In team deathmatch, work with your team to achieve the highest number of collective kills. The weapon system in ev.io is a bit different than other browser shooters, like Krunker or Venge, in which you cannot pick up weapons on the map. In ev.io, you choose the primary weapon you start with: a hand cannon, auto rifle or laser rifle. Each of the different primary weapons falls into a different archetype. For example, the auto rifle does low damage but has a fast rate of fire. The laser rifle has high damage but a slow rate of fire. In addition to choosing a primary weapon, you can also pick up weapons on the map. There are three possible weapons you pick up: the shotgun, sniper and rocket launcher. The pickup weapons are quite a bit stronger than your primary weapon, but have limited ammo. So you need to make your shots count to take full advantage of them. The game also has a pretty complex ability system, which is mostly centered around movement and grenades. Grenades: You can choose 2 of any 3 grenades: smoke grenades, standard grenades and flash grenades. Movement: Spend 3 points in any 3: teleportation, jumping and sprint. You can spend 1 point in sprint for example, and 2 in teleport. If you spend all 3 in jumping, you can jump 3 times. Jumping does not use stamina but other things, such as teleportation and sprinting do. The movement mechanics in ev.io are diverse. Compete on the leaderboard or visit the in-game store to unlock skins and other cosmetics (coming soon). You can also play private games with friends by hitting the share game link in the menu (hit M to access).

redpajama_set_name: RedPajamaCommonCrawl


The official discography reports the album "In the Heat of the Night" as the first Pat Benatar's record. Actually the first recording on vinyl dates back to 1974 with the single Day Gig.Released from Trace Records in the period when Pat lived in Virginia, Day Gig literally transudes the atmosphere of that time.
In the same year Pat will join Coxon's Army, a cabaret band on the Richmond (VA) club circuit. The evidence on vinyl about this cooperation is the "Live from Sam Miller's Exchange Cafe" album (1974) where Pat sings the following songs: Respect, If He Walked into my Life, Can't Help Lovin' Dat Man and the medley Brother Love's Traveling Salvation Show/ Yes We Can Can.The destiny wanted that in Coxon's Army Pat met Roger Capps (at the right side of the picture) who played bass in the band for the first years of her extraordinary career.
All the songs that Pat sang at that time nothing had in common with the style that took her to success. That's why in "Synchronistic Wanderings (Recorded Anthology 1979-1999)" Pat and Neil, personally involved in the realization of the project, didn't include them in the compilation.
However the Pat's vocal endowments were already tangible and some sonority of that time, maybe unconsciously, will retake in "True Love" (1991).
Now if you desire to plunge into the past and hear Day Gig and it's B-side Last Saturday, click on http://www.benatar.it/ENG%20FOLDER/1974eng.htm . (It's necessary a high speed connection).


His Holiness the Dalai Lama calls Sogyal Rinpoche "disgraced" and stresses that nobody should follow the teachings of any lama without question – not even from himself – stressing that they must live up to the teachings of Buddha and what society expects. He also reiterates his advice from 1993 that lamas who behave badly should be exposed in the media.
Recorded at the inauguration of the seminar "Buddhism in Ladakh" @ Central Institute of Buddhist Studies (CIBS) in Leh, Ladakh, India on 1st August 2017.
"I feel some of these lama institutions have some sort of influence of the feudal system. That is outdated and must end – that feudal influence. Then eventually a lama institution creates lama politics [DL laughs heartily]. That's very bad.


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Tad Nelson
Amber Spurlock
DEA Capture of Drug Trafficker Yields Sentence
Houston Criminal Attorney Tad Nelson Federal Crimes	Criminal Defense, Drug Trafficking, Federal, United States
As criminal defense attorneys, we can only cringe at the fact that the defendant, "Cheke", plead guilty (admitted his crime), only to be sentenced to 35 years; federal time.
It appears that after some investigation, police & federal agents managed to capture Esiquiel Rodriguez with less than 400 grams of meth, and a firearm. There's more to this defendant however; he was also involved in a larger drug trafficking operation managed by some of the most dangerous drug cartels in Mexico.
JUN 04 (SAN ANTONIO) – A former major drug trafficker in the Piedras Negras "Plaza," 46-year-old Esiquiel Rodriguez (aka "Cheke"), was sentenced in San Antonio today to 420 months in federal prison for federal drug and firearm violations announced DEA Special Agent in Charge Joseph M. Arabit, Acting United States Attorney Richard Durbin, Jr., and San Antonio Police Chief Anthony Treviño.
Rodriguez was arrested in April 2013 by the San Antonio Police Department on a charge of possession with intent to distribute methamphetamine. During a subsequent consensual search of his residence, investigators discovered a .357 caliber revolver. On September 29, 2014, Rodriguez pleaded guilty to possession with intent to distribute over 300 grams of pure methamphetamine and one count of undocumented alien in possession of a firearm.
Although we aren't aware of the minute details of the case, why the defendant was so harshly sentenced after pleading guilty & cooperating with the United States Attorney's Office is an interesting matter of conversation. It begs the questions of whether or not the lawyer representing the defendant did their best job, or if there were other more serious criminal charges forgone as a result of the cooperation resulting in what might be a lesser sentence than if otherwise.
We Fight Federal Prosecutors!
The Law Offices of Tad Nelson & Associates, a full service criminal defense law firm based in Houston, TX, is equipped with the needed experience required to manage and fight a criminal case set for federal court.
There are a number of key differences in state and federal criminal cases. One of which is that the prosecution has nearly unlimited resources, and another being the extreme retribution, by way of harsh sentencing handed down by judges who sit on federal benches, on defendants who are found guilty as a result of being prosecuted by the United States.
If you've been charged, indicted, are out on bond, or believe you're under investigation by the FBI, DEA, ATF, BLM, or any other federal law enforcement agency, the federal criminal defense lawyers here at the Law Offices of Tad Nelson & Associates can be of assistance.
Call us at 713-659-0909 to schedule an appointment to review the details of your case. Houston criminal defense lawyer Amber Spurlock, a former JAG officer and federal prosecutor, will be able to give you insight based on her experience as to what you can expect from the federal criminal justice apparatus, and how best to move forward with your case.
We are federal criminal defense attorneys.
Contact the Law Offices of Tad Nelson & Associates if you need our help.
Houston Criminal Attorney Tad Nelson • 1221 Studewood St, Ste 107-A, Houston, TX 77008 • 713-659-0909
Houston Criminal Attorney Tad Nelson
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East Houston Deputy Arrested for Child Porn Possession	Man Killed in Northeast Houston
Federal Crimes, Helpful Information
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FBI: Bank Robber Strikes 3rd Houston Bank
Federal Crimes, White Collar Cases
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Disclaimer: The information of this site is not, nor is it intended to be, legal advice.
You should consult an attorney for advice regarding your individual situation if you've been charged with a Federal, Felony, or Misdemeanor criminal offense in the Greater Houston, Texas area.
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BEIRUT: Syrian Monitor for Human rights said that a Coalition air strikes on Daesh position in Northern Syria has killed 23. Earlier the monitor said that kurdish troops have resumed their campaign on Daesh positions in areas close to the border with Iraq. U.S-backed Kurdish forces in Syria say they are resuming their campaign against Daesh militants who still control areas near the border with Iraq.
The SDF had redeployed hundreds of its forces to western Syria after Turkish troops attacked the Kurdish-held Afrin enclave earlier this year, effectively putting operations against Daesh on hold.
An array of Syrian and Iraqi forces has driven Daesh from nearly all the territory it once held in the two countries.


It seems it's not going too well for Coca Cola nowadays. Both sales and profits have recently fallen significantly. Watch this video and find out more about details and the reasons for these poor results. In the meantime, pick up some new phrases related to commerce, financial trends and figures!
Coke's earnings fizzle. The world's largest beverage company saw profit fall 55 percent. Revenues also dropped from a year ago, making it the seventh straight quarter of declining sales. Coke is a widely held stock and today's news sent it lower by nearly two percent. Sara Eisen digs into Coke's quarter.
The world's biggest beverage company is in transition mode, results today painted a picture of better growth in North America, but weakness around the world. Add in a stronger US dollar that chips away at Coke's overseas sales, a complicated re-franchising, where Coke is spinning off most of its bottlers to become a leaner company, and a new CEO James Quincey who takes over from Muthar Kent in May.
We focused the portfolio on more categories, we upped the marketing investment, we improved the execution, we transformed the bottling system, re-franchising it, and I think the whole team has pulled that together and now they had two really strong years, capped off with a great fourth quarter. The North American business is humming. Lot to do in 2017 with the biggest year of re-franchising but we're confident, the team is confident.
The big picture soda consumption is slowing as people are out for healthier choices, like bottled water and juices and teas. This will be Quincey's main challenge along with adjusting to a new administration. Already coke has opposed president Trump's recent immigration order.
Coca-cola's stood for inclusivity. We're in 200 countries around the world we have always stood for that we're always gonna stand for that, so we think that that's you know part of our core values and that's what our statement that Muthar (the previous CEO) put out was all about. It doesn't affect a lot of employees but we wanted to be clear about what our brand stands for, what our company stands for.
Another big question will be global trade. Coke's international exposure means if we do see more protectionist policies, like boarder taxes or tariffs, it could be a headwind for business. For now though management is focused on building a smaller, more focused company, selling smaller cans of coke, which are actually doing better to keep up with changing consumer taste. For nightly business report I'm Sara Eisen.


Good times in the Hilliste Quarry.
So glad I ran across your site. Most enjoyable!
What a wonderful site you have, Art! Gorgeous images and evocative fossils, all photographed with an artist's eye.
An example from the Ordovician???


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Roosevelt Wright
New Casino proposal includes an entry fee; a real deal breaker
April 12, 2018 April 19, 2018 Free PressEvents, Roosevelt Wright
The Southside Economic Development District is pushing for a River Boat Casino for Ouachita Parish that would be different from all others in the state, gamblers would be required to pay a fee to come aboard the boat, even if they don't gamble.
The bill was submitted at the request of the district by Representative Marcus Hunter.
Two parts of the bill, HB#858, are raising eyebrows. If Ouachita Parish gets an OK to pursue a River Boat it will do so with it's hands tied behind its back because it will be the only riverboat casino in the state that charges a cover charge to get in, according to Charles Theus, executive director of the SEDD.
Theus says the idea of charging a fee was not his or the SEDD Board of Commissioners. He said he was not consulted. According to Theus, the imposition of an entry fee would probably be a deal breaker in negotiations with a Casino owner to come to Ouachita Parish.
He says the Police Jury would not be required to impose a fee and he doubts that they would, but the law as proposed would make it possible.
At present, most Casinos offer a variety of freebies that range from free drinks, free or highly discounted rooms, and discounted or free foods. The ultimate goal is to lure in as many customers as possible with the offer of as many free things as possible.
Entry fees are usually considered a turn-off; that's why they are considered deal breakers.
The other eyebrow raiser is the fact that in the proposed legislation, many local governments will get a piece of the door fee, even though they have refused to endorse the casino idea.
The SEDD which is doing most of the footwork to get the measure through the legislature and on the ballot, is getting the small end of the fees.
The way the Casino idea works is that the casino attracts visitors who sleep in hotels, eat food, buy gas, shop in the mall and spend money in many places. The parish makes money off the increased spending. The SEDD bill will attempt to rake in a little more money even before the Casino picks the pockets of gamblers; they will do it with the fee.
The fee will be broken down this way:
–15% to the Ouachita Parish School Board.
–15% to the Monroe City School Board.
–12% to the University of Louisiana at Monroe.
–12% to Louisiana Delta Community College
–10% to the City of Monroe Police Department
–10% to the Ouachita Parish Sheriff's Department
–10% to the Town of Richwood
— 8% to the Southside Economic Development District
— 4% to the City of Monroe
— 4% to the Ouachita Police Jury.
Theus said the SEDD is pushing the Casino to help boost the Southside, but the Southside is set to get one of the smaller slices of the pie while those who are doing nothing to promote the measure are set to gain more.
However SB#535 by Senator Francis Thompson is threatening to push out the present SEDD Board and replace it with persons who have a banking, economic development or financial management background. With those criteria, there are not many on Monroe's Southside, including Theus himself who would not qualify. It's a case where the baby he birthed, won't bring joy to his house; someone else will get to be daddy.
It could all be academic however, because with the possibility that the Police Jury could impose an entry fee, boat owners will most likely go to another area that would welcome them without restrictions.
Then again, that might be the whole idea.
Roosevelt Wright Jr
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Donations are down, but needs continue to grow.
Behind the familiar Salvation Army bands and the colorful red collection kettles that appear during the holiday season, evoking Norman Rockwell-like images of humility, good will and charity, is one of America's most powerful organizations.
The "Christian Army," which came to the United States from England in the late-19th century, now operates in more than 100 countries. Its Metro Atlanta Area Command is a $16 million annual operation.
The charity is known for offering help without strings, often to those who cannot find such help anywhere else. It operates emergency shelters, provides social services to youths and the elderly, offers drug and alcohol recovery programs, dispenses aid to the needy and assists in disaster relief.
The Salvation Army works throughout Georgia, often tailoring its efforts to specific local needs – working with homeless men in Albany, helping homeless children in Gwinnett County. After the devastating floods in September, the Salvation Army gave out meals and bottled water to displaced victims in Carroll and Gwinnett counties and in Toccoa.
Yet this unique organization is not insulated from the problems affecting other area nonprofits and charitable endeavors – flat donations and a growing population in need of its services. The Atlanta command alone gave out $665,000 more in emergency aid the first few months of this year than it did in the corresponding period in 2008.
Over the last few months, the Salvation Army has seen the number of individuals and families seeking its services in Metro Atlanta increase by 15.6 percent. Many of those are new to hard times. In Clayton County, 1,400 of the 6,000 requests for help last year were from first time cases.
The Salvation Army relies on a combination of private donations – often coming in very small amounts, proceeds from its annual holiday red kettle collections and, in many communities, funding from United Way or other local agencies.
Typically, the charity's yearly growth, measured by donations and collections, is about six percent nationally. Last year the metro area command's holiday Red Kettle Campaign was short $20,000. To compensate for the shortages, the command reduced its workforce by 10 employees. Staffing facilities and events has become particularly difficult.
He says the Salvation Army is dedicated to spending 83 cents of every dollar on direct programming, leaving little left over for increased staffing needs.
A case in point: the new addition to the downtown Red Shield Lodge that will house the Metro Area Command's Family Room Project, scheduled to open in early November. The addition offers 21 family spaces, each with a bathroom.
But those families need a lot of support staff to keep going. "When the same people are cooking 82 meals a day, they need help in the kitchen," Seiler says. A maintenance and cooking crew need to be on hand as well as caseworkers and night monitors, and Red Shield will cost $50,000 a month to operate.
"We think we've raised enough to keep it running the first six months, but after that it's an ongoing challenge," Seiler says.
A recent Back to School Bash at the Salvation Army Gwinnett Corps Com-munity Center saw a significant increase in parents seeking backpacks and school supplies for their children.
In Gwinnett, the problem of homeless children is particularly acute. The Gwinnett Daily Post reports that 60 percent of those displaced by foreclosures in a recent year were children; the local school system accommodated some 3,000 homeless students.
The county would not let the Army build a homeless shelter on its property on Sugarloaf Parkway, but several churches got involved in the effort, and seeded Home Sweet Home Gwinnett, a different approach to homelessness that has become a national model.
The program also includes a caseworker who seeks out needy families, including those often locked into a cycle of moving from hotel to hotel – a form of "transitional homelessness" – living from week to week. The program enables them to rent apartments at a reduced rate for nine months to a year before moving to transitional housing (a subsidized community like Rainbow Village in Norcross), or directly into their own apartment or home.
Such alternative funding sources are now becoming more common.
The average online credit card donation is $135, he says, compared to a $2 average for individual kettle donations.
Meanwhile, the Salvation Army will depend on corporate partners – some new, some existing – to make up for the flat donations. Coca-Cola donated $10,000 toward the Family Room Project at the Red Shield Lodge. In July, Autotrader.com sent 107 people from its National Update Meeting in Dunwoody to renovate the Army's West End Boys & Girls Club for a day.
"We worked with the Salvation Army and Boys & Girls Club staff to identify the greatest needs of the Boys & Girls Club, what projects would utilize our employees' talents and how our financial donation could make the largest impact. Our goal was to help make this club a comfortable, fun and motivational place for kids to spend their afternoons," says Jennifer Ander-son, community relations coordinator for AutoTrader.com.
The giving translates to 1,000 turkeys for Red Shield, two pallets of canned food items from their annual Food for Sharing program, and manpower to load and warehouse food during the 11Alive Canathon in December.
In Albany, the Salvation Army's struggle mirrors that in other communities.
"Our funding from United Way has been cut by 50 percent, or $35,000," says Doug McClure, Albany command officer. "Our mailings [mailed donations] have been down in last six months close to 14 percent. At the same time we're helping 160 people a day – twice as much as our previous year. We operate a 42-bed homeless shelter that's one of just a few in Albany, and only one of two for homeless men. Men are our primary focus because our male population is very high.
Editor's Note: Online donations can be made via the Salvation Army's website at www.salvationarmyatlanta.org; information about volunteering is available by calling 800.SAL-ARMY.


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Jewish World Review Feb. 3, 2011 / 29 Shevat, 5771
Conservatives, Liberals and Obamacare
By Bob Tyrrell
http://www.JewishWorldReview.com | My guess is that U.S. District Judge Roger Vinson is an amateur zoologist. Vinson is the federal judge who ruled Monday in Pensacola, Fla., that those who confected Obamacare cannot compel the citizenry to buy health insurance. Moreover, he found that because the 2,600-page bill was created without any "severability clause," the entire law is unconstitutional. The authors of Obamacare declared that without mandatory insurance, the whole bill would have been unworkable. Mandatory insurance was not severable from the law. Hence Judge Vinson, because of the way the bill was constructed, threw the whole law out. Now it is up to the Supreme Court to breathe life into this legislation or to bury it. I say R.I.P.
As learned as Vinson indubitably is — in the course of his meditations on Obamacare, he reread the Constitution, the Federalist Papers, James Madison's notes at the Constitutional Convention, certain cogitations of former Chief Justice John Marshall and more — the erudite judge surely noted a zoological curiosity. Conservatives and liberals are so different as to be drawn from distinct species of political animals. To me, the conservative always has appeared to be some form of mammal. The liberal is reptilian. I could be wrong. I wonder what Judge Vinson might say.
We saw this difference at work during President Barack Obama's dogged pursuit of his suicidal legislative bomb called Obamacare. Prior to that, we saw this difference at work as President Ronald Reagan pursued an issue equally dear to his heart, the banning of abortion. In wanting to ban abortion, Reagan had a goodly number of the American people behind him, though not a majority and certainly not a large enough number to burden the remainder of the American people with an abortion ban. Reagan settled for arguing his case. He relied on persuasion. He tried to build a majority behind banning abortion. Perhaps he picked up some support, but he did not envenom an already divisive issue by forcing an abortion ban on the American people.
Obama did envenom an issue, health care. Recall 15 months ago when then-House Speaker Nancy Pelosi responded to a reporter's inquiry about the constitutionality of mandatory insurance? Said she with her trademark urbanity, "Are you kidding?" Well, since then, she has lost her speakership. The Democrats have lost their majority in the House. They almost lost it in the Senate. And Judge Vinson — and earlier Judge Henry E. Hudson — agreed with that unnamed reporter. He had a point.
Liberals and conservatives seem to see things differently. Sometimes the liberals see "inactivity" as "activity." The conservatives see inactivity as ... well, inactivity. In the case of Obamacare, the liberals see the ordinary Americanos' failure to purchase insurance, sometimes until they absolutely need it, as increasing the cost of health care for everyone — in other words, "activity." Thus, they will penalize anyone failing to buy health care with a tax to pay for God knows what. In the world of Obamacare, we all have costly health care. Some pay, and some do not. We are all one big happy family.
This is where the commerce clause of the Constitution comes in. The commerce clause originally was intended to eliminate the interstate trade barriers that existed under the Articles of Confederation. Yet since the New Deal — at least up until the time of Chief Justice William Rehnquist — it has been expanded upon so that it has given license to almost anything a congressional majority has wanted. A congressional majority even was permitted by the Supreme Court to prohibit a farmer from growing on his own farm wheat for his own consumption. Now along comes Judge Vinson arguing that the commerce clause applies only to "clear and inarguable activity," not clear and inarguable inactivity. As The Wall Street Journal editorialized in the wake of Judge Vinson's decision, "it never applied to inactivity like not buying health insurance, which has (to quote Judge Vinson) 'no impact whatsoever' on interstate commerce."
Applying the clause to inactivity would be significant. It would create a totally centralized government. That is to say, a government that can do almost anything. It would be unlimited government, which is another difference between conservatives and liberals. We want limited government. They do not.
JWR contributor Bob Tyrrell is editor in chief of The American Spectator. Comment by clicking here.
© 2008, Creators Syndicate


The Hatten Wines building offer small groups MICE solutions and venues for training up to 30 people.
• Boardroom: capacity of 14 people.
• Private Dining Room table: capacity of 14 people with lunch or dinner wine pairing menus.
• Two Islands meeting room: for Training theater or classroom style, capacity of 30 seats.
• Standing cocktail space: 60 people in the landing, atrium and Private Dining Room.


Obviously this whole blogging thing is not my strong suit. However, I've been very distracted with work and a big life update! I've had a busy summer with wonderful weddings, fantastic families, cute babies and expecting families. The biggest personal development is my husband and I are expecting our first baby in February!
I'm now well into my second trimester and no longer have to worry about getting sick during a wedding or throwing up on a client! Woohoo! We found out we're having a baby boy who looks healthy and all the measurements look normal! We're also taking name suggestions because we keep picking names the other person doesn't love.
The last photo in the blog today is our personal baby announcement Zac made :) If you aren't a Jurassic Park fan, it may not be for you!
A friend here on Oahu works on a local dive boat and he had some friends in town looking to get married underwater. He called me up and on a rainy Friday morning we headed out off Hawaii Kai and made our way to Little Buddha. As we dropped down the icky weather above faded away to clear visibility and blue waters! It was chilly for us, 75 degrees sounds warm- but in Hawaii we're spoiled. ;) Here are some of my favorites from the day!
I love military homecoming sessions! This past Valentine's Day I got to photograph Katerina's husband coming home to Pearl Harbor, HI and seeing all the joy of sailors from the USS Texas reuniting with their families.
All last week was rainy and stormy weather and the morning of Valentine's Day was no exception. The night before I ran to the store to find a clear(ish) umbrella and watched the weather obsessively until it was time to meet on Pearl Harbor. We watched the submarine pull into the harbor and it passed the families the rain slowed down and by the time we got to the pier the rain was almost done! When her husband came off the rain was a light sprinkle and we were able to get lots of photos. They held each other so tight he forgot he had a rose in is hand for her! Her husband also earned his Dolphin Pin (which is a HUGE deal for a submarine officer, google it) and waited until he was on land so Katerina could pin it to him.
Needless to say, with my husband gone (but not for much longer) it was wonderful to celebrate Valentine's Day by documenting a couple coming back together again!
I'm really trying to get better at blogging, so if you'd like your session to be featured please let me know!
Here's one of my favorite couples from last year, Joe and Pat's wedding on Magic Island, portraits at China Walls and reception at the famous Duke's in Waikiki. We also started the day surfing as well with the bridal party!
Thank you for all your kind calls, texts, emails and messages asking if my family and Zac's family in Texas are ok. As of now everyone is ok and safe, they're wet, but ok. However, there are so many Texan's that need your help and here's just one way you can assist from anywhere in the world.
My sister's best friend, Jackie is a principal at a school in Houston that works with a lot of inner city children and many of her students and their families have lost everything. The school is doing everything they can to get their students back in school as soon as possible and provide support to families affected. If you wish to help from anywhere please go to https://secure.acceptiva.com/?cst=04dbd6 and type "family flood relief" in the comment section will ensure that 100% of your donation goes directly towards this cause.
Ervia and Remy tied the knot at the Kahala Resort here on Oahu, Hawaii! Remy is a doctor at Tripler Army Hospital here on the island and Ervia has recently joined him here from New York. This new military couple had friends and family come from all over the world for their sunset Hawaiian wedding. It was a beautiful ceremony on the beach and it was perfect for such a lovely couple. Ho'omai'ka'i 'ana Ngwanyam's!


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Q: Android background loop doesn't run at fixed intervals I have an app that writes some data to a file every second.
I used a Timer that and schedule it at a fixed interval of 1000
for the most part it works fine, but sometimes i notice there are seconds, or sometime even minutes where there is no data in the log file.
Is there any likely suspects to this problem?

A: Timer runs in background thread(s) that are not reliable. From the docs:
Each timer has one thread on which tasks are executed sequentially. When this thread is busy running a task, runnable tasks may be subject to delays.
LINK: http://developer.android.com/reference/java/util/Timer.html
If you have a time sensitive task, then you need to check SystemClock like here:
How to measure elapsed time

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