Code of Conduct for Use of HPFLAS System

Transcription

1 Code of Conduct for Use of HPFLAS System (A) This Code of Conduct summarises certain clauses in the Memorandum of Co-operation entered into between LTA and HPFLAS dated 27 February 2006 and certain rules in the Regulations for Use of HPFLAS System. (B) This Code of Conduct also provides certain additional explanation on how the HPFLAS System operates. (C) Terms used in this Code of Conduct shall have the same meanings as that in the Regulations. (D) In the event of any inconsistency with the Memorandum or the Regulations, the Memorandum or the Regulations (as the case may be) shall prevail. 1. General Conduct of Members 1.1 Good Faith. A Member shall at all times act in good faith when utilising the HPFLAS system. 1.2 True Information. A Member shall enter information into the HPFLAS system that is accurate and true. 1.3 Documentary Requirements. Members need to provide in their hire-purchase documents and financing agreements that the LTA is permitted to: check on the financing status of a vehicle with the HPFLAS System prior to accepting any VRLS Transaction (as defined below); and if such vehicle is found to be under financing, to reject all VRLS Transactions relating to such vehicle for the period specified by the LTA in the Memorandum. 1.4 Documentary Requirements HPFLAS. Members should also provide in their hire-purchase documents and financing agreements that they are permitted to disclose their hirer s or customers' information and details to the HPFLAS Addresses. Members will receive HPFLAS System notifications by . Members are therefore reminded to, at all times, keep their addresses with the HPFLAS updated so as not to miss out on any notifications. 2. How the VRLS/ HPFLAS System Linkage Works 2.1 VRLS Transactions. When a member of the public wishes to carry out certain transactions through the LTA s VRLS system, namely:

2 2.1.1 online application to transfer ownership of vehicles; online application to de-register vehicles; online application for the de-registration of vehicles which are not near auto deregistration date; and online application for the de-registration of vehicles which are near auto deregistration date, (collectively VRLS Transactions ) the VRLS will check the HPFLAS System to determine if any of the Members has financed the Vehicle. 2.2 Initial Suspension. If a Member has lodged a Form A or Temporary Form A in the HPFLAS System, the LTA will TEMPORARILY suspend the VRLS Transaction from taking place. The temporary suspension is for an initial period of 5 calendar days. 2.3 No Steps Taken. Within the 5-day period, the Member who lodged the Form A must take active steps if the Member wants to extend the suspension period otherwise the VRLS Transactions will be permitted to go through after the 5 days and the Form A or Temporary Form A will be discharged by HPFLAS. 2.4 Steps to Take. The steps the Member must take includes: (i) (ii) (iii) furnishing a Deed of Indemnity to the LTA; providing the LTA with a Bank Guarantee (unless it is an MAS regulated bank or finance company); and provide any other documents the LTA may require. 2.5 Extension of Suspension. If the Member provides the above, the LTA will EXTEND the suspension for 2 calendar months. 2.6 Court Order. Before the end of the 2 month extension, the Member who lodged the Form A or Temporary Form A must obtain a Court Order to prevent VRLS Transactions from taking place. Otherwise, at the end of the 2 month period, VRLS Transactions will go through and the Form A or Temporary Form A will be discharged. 2.7 LTA s Discretion. If at anytime, the LTA determines that a VRLS Transaction should not be rejected despite the existence of a Member s Form A or temporary Form A, such Member s Form A or Temporary Form A shall be discharged by HPFLAS. 2.8 Expedited Procedure. Members are also advised that the LTA has an expedited process, namely the Standard Operating Procedure On Dispute Resolution (as can be found in Annex A of the Regulations) which may require Members to act to resolve disputes with their hirers on an urgent basis.

3 3A Lodgement of Form A for Hire-Purchase Financing 3A.1 Valid Hire-Purchase Agreement. Form As can only be lodged by members if they have an existing and valid hire-purchase agreement with the registered owner of the vehicle at the time of lodgement Temporary Form A. A temporary Form A may be lodged by members who have received applications for hire-purchase financing and in respect of an unregistered vehicle and who have issued release letters in respect of such financing. A Member who has lodged a Temporary Form A will receive an from HPFLAS informing them when the vehicle is registered. Upon registration, a Member who intends to still retain its interest over a particular vehicle is advised to lodge a permanent Form A to reduce the risk of double financing taking place. Members are reminded that a Temporary Form A expires after 2 calendar months. 3A.3 True Information. Members must enter true and accurate information about the financing including date of their agreements into the HPFLAS System. 3B. Lodgement of Pending Form A for Subsequent Hire-Purchase Financing 3B.1 Valid Subsequent Hire-Purchase Agreement. A Pending Form A can only be lodged by another member ( Subsequent Member ) if there is an existing Form A lodged by another member ( First Member ) in respect of the same vehicle and where the Subsequent Member has entered into a subsequent, existing, and valid hire-purchase agreement with the registered owner of the vehicle at the time of lodgement. 3B.2 Conversion of Pending Form A. A Pending Form A will be converted to a Form A when the First Member confirms that it has no objection to the Subsequent Member s lodgement of a Pending Form A in the HPFLAS System or when the First Member lodges a Form B before rejecting the Subsequent Member s lodgement of a Pending Form A in the HPFLAS System. 3B.3 Deletion of Pending Form A. A Pending Form A will be automatically deleted by the HPFLAS System on the sixteenth (16 th ) day after the date of submission. 4. Lodgement of Form A for Inventory Financing/ Block Discounting and Similar Modes of Financing 4.1 Valid Financing Agreement. Form As can only be lodged in respect of the above-mentioned modes of financing over a particular vehicle if a Member has a valid and existing agreement that creates an enforceable security interest or ownership rights over the vehicle. 4.2 Temporary Form A. A temporary Form A may be lodged by members who provide preregistration financing to car dealers that creates an enforceable security interest or ownership rights over the vehicle. The Temporary Form A database has been made searchable by Members and Members are advised to carry out a search of the Temporary Form A database before financing or buying an unregistered vehicle. Members are reminded that a Temporary Form A expires after 2 calendar months.

4 4.3 Effect of Temporary Form A. A Temporary Form A: it will prevent VRLS Transactions from taking place (as described in paragraph 2 above); and the Member who lodged it will receive an when the vehicle is registered. 4.4 Prevention of Double Financing. Upon registration, a Member who intends to still retain its interest over a particular vehicle is advised to lodge a permanent Form A to reduce the risk of double financing taking place. 4.5 Mitigation of Risk. Members are reminded of the limitations of the temporary Form A and are advised to ensure that they carry out proper credit and documentation checks as well as physical audits to mitigate any risks of financing unregistered vehicles. 5. Discharge of Form As 5.1 Form B. Members are required to discharge their Form As by filing a Form B not later than one (1) Business Day after a hirer s satisfaction of the financing. 5.2 Reliance on Discharge. Members should not relodge a Form A in respect of the same financing agreement after they have discharged the same as other Members may have relied on the initial discharge to grant financing. Members are therefore reminded that they would have to bear the credit risk of a pre-mature discharge of their Form As. 6. Failure to Comply 6.1 Management Committee s Discretion. The Management Committee may in its sole discretion determine if any Member has failed to comply with the Memorandum, the Regulations and/or this Code of Conduct. 6.2 Penalties. Potential penalties included: (a) (b) (c) (d) suspension of the Member s HPFLAS System account; removal of any or all of the Member s Form As or Temporary Form As; imposing a fine on the Member; and/or expelling a Member in accordance with the Rules of Hire Purchase, Finance and Leasing Association of Singapore. 6.3 Fines. Members are also reminded of certain specific fines as follows: (a) failure to lodge Form B, within the prescribed time frame of 1 Business Day fine of up to S$ or such other amount as the Management Committee may determine and/or suspension/termination of the Member s account; and

5 (b) failure to comply with the security guidelines contained in Rule 4 fine of up to S$5, and/or suspension/termination of the Member s account. 7. Amendments 7.1 Updated Periodically. The Management Committee may in its sole discretion from time to time amend and refine this Code of Conduct. Version No. [2012]