Regulations for Use of HPFLAS System 1. Definitions 1.1 In these Regulations, unless the context otherwise requires, the following words shall have the meanings respectively ascribed to them: (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) LTA means the Land Transport Authority of Singapore. Business Day means Monday to Friday, 0900-1630 hours and excludes Saturdays, Sundays and public holidays. Code of Conduct refers to the Code of Conduct for Use of HPFLAS System attached as Annex B which sets out certain guidelines which Members must follow and which elaborates upon certain aspects of these Regulations and the Memorandum. Exempt Financial Institution means a financial institution listed in Schedule 6 of the Memorandum, as may be amended by the LTA from time to time. HPFLAS means the Hire Purchase, Finance and Leasing Association of Singapore, its wholly owned subsidiary or appointed contractor operating the HPFLAS System. HPFLAS System means the computer system and database operated by HPFLAS, its wholly owned subsidiary or appointed contractor, as the case may be, for the purpose of maintaining an up-to-date, accurate and definitive registry of vehicles that are under financing by its Members. Management Committee means the management committee of HPFLAS. Member means a member of HPFLAS, whose membership has not been terminated, revoked, suspended, or otherwise restricted. Memorandum means the memorandum of co-operation entered into between the LTA and HFLAS involving, inter alia, the interfacing of VRLS and the HPFLAS System in relation to the VRLS Transactions stated below. Regulations means these Regulations as may from time to time be varied or amended by HPFLAS and shall have the same meaning as the Rules and Regulations referred to in the Memorandum. Standard Operating Procedure means the dispute resolution procedure as set out in Schedule 7 of the Memorandum which shall be implemented by HPFLAS, the Member and the LTA, and attached hereto as Annex A. VRLS means the Vehicle Registration & Licensing System belonging to the LTA, including hardware, software and accompanying peripherals.
(m) VRLS Transactions means the following Transactions which are carried out through the VRLS, namely: (i) (ii) (iii) (iv) 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 de-registration date; and online application for the de-registration of vehicles which are near auto deregistration date, 2. Access and Registration 2.1 HPFLAS may at its sole and absolute discretion, provide a Member with an online account to access the HPFLAS System and services described in Rule 3 below (the Services ). 2.2 HPFLAS may issue passwords and user identification numbers to the Member to access the Services. 3. Services 3.1 The Services available to a Member are as follows: (c) (d) online searches of the HPFLAS System; lodgement of a Member s interest in a vehicle arising out of a grant of financing over that vehicle, in accordance with the Code of Conduct, using HPFLAS s prescribed Form A, Pending Form A or Temporary Form A; discharge of a Member s interest in respect of a vehicle where the hire purchase facility has been fully redeemed using HPFLAS s prescribed Form B; and such other online services as the Management Committee may from time to time decide to make available to Members. 3.2 HPFLAS may procure for Members to be provided such training, technical support or ancillary services as HPFLAS may determine from time to time. 3.3 HPFLAS reserves the right to alter, suspend or withdraw the scope or conditions of the Services at its sole and absolute discretion from time to time. 3.4 The Member acknowledges that access to and use of the HPFLAS System and the Services is on a as-is-where-is basis and that HPFLAS does not in any way make any warranty or representation as to the accuracy, adequacy, system availability, timeliness, completeness or fitness for a particular purpose of the information contained in the HPFLAS System or in respect of the Services and disclaims liability for any errors, inaccuracy or omissions in the information, data or operation of the HPLAS System and its Services. In no event shall
HPFLAS or the Management Committee be liable to the Member for any direct, indirect or consequential damages including any losses, damages, costs or expenses, arising out of any use, or inability to use the HPFLAS System and/or Services. 4. Member s Acknowledgements and Obligations 4.1 The Member shall not disclose the password and user identification number assigned by HPFLAS to access the HPFLAS System, or any personal data held in connection with the Memorandum or allow parties outside Singapore to have access to them. In the event of theft or loss of the password and/or user identification number, the Member must notify HPFLAS immediately in writing. The Member shall remain liable for use of the HPFLAS System and/or Services by any third party until such theft or loss is notified to HPFLAS. 4.2 The Member warrants that it shall at all times act in good faith and in accordance with the Code of Conduct. 4.3 The Member agrees to use the Services in the capacity of a licensed user and undertakes not to use the Services for any other purpose. 4.4 The Member shall not allow any other party to access the HPFLAS System. 4.5 The Member shall not introduce, post or transmit any information or software that contains a virus, Trojan horse, worm or any other harmful or potentially harmful components into the HPFLAS System. 4.6 The Member hereby acknowledges that he has read and understood the Memorandum (and in particular the provisions of clause 4.12 thereof) and hereby agrees and consents to HPFLAS entering into the same with the LTA. The Member further agrees to exercise its powers to ensure that HPFLAS complies with the terms of the Memorandum. 4.7 Each Member hereby agrees that the LTA shall be entitled (but not obliged) to: (c) check on the financing status of a vehicle with the HPFLAS System prior to accepting any VRLS Transaction in respect of the vehicle; reject any VRLS Transactions described in and arising out of Rule 4.6 if the vehicle in question is found to be under financing during such periods specified by the LTA in the Memorandum; and directly enforce any of these Regulations against the Member. 4.8 For the purposes of Rule 4.6, each Member shall ensure that each hire purchase or loan agreement that it enters into upon being bound by these Regulations, shall contain such provisions conferring upon the LTA such rights stated in Rule 4.6. For hire purchase or loan agreements entered into before such time, the Member shall notify the hirer in writing, to obtain that hirer s consent to the variation of the hire purchase or loan agreement to confer upon the LTA such rights stated in Rule 4.6.
5. Lodgement of Member s Interest in Vehicle under Financing 5.1 A Member may in accordance with the Code of Conduct register its interest in any vehicle that is under financing granted by that Member by submitting the relevant information as set out in Form A on HPFLAS s website in a timely basis after the grant of the financing. 5.2 The information as provided by the Member will be automatically updated by the HPFLAS System. 5.3 When a member of the public purports to carry out a VRLS Transaction, VRLS will cause a search of the HPFLAS System to determine if a Form A or temporary Form A has been lodged in respect of the relevant vehicle. 5.4 The lodgement of a Form A will temporarily prevent the VRLS Transactions from being carried out and subject to the resolution procedure specified in Rule 7. The database of Form A can be searched by other Members utilising the online search service as mentioned in Rule 3.1 above. 5.5 If a prior Form A has already been lodged by a Member ( First Member ) in respect of a vehicle, a subsequent Form A lodged in respect of the same vehicle by another Member ( Subsequent Member ) will be lodged in the HPFLAS System as a Pending Form A. The HPFLAS System will automatically convert the Pending Form A 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 the First Member lodges a Form B before rejecting the Subsequent Member s lodgement of a Pending Form A in the HPFLAS System. 5.6 The date of lodgement of a converted Pending Form A shall be: in the case where a Pending Form A was converted to a Form A pursuant to paragraph 5.5, the date when such confirmation of no objection was submitted by the First Member in the HPFLAS System shall be the date of lodgement of the converted Pending Form A; OR in the case where a Pending Form A was converted to a Form A pursuant to paragraph 5.5, the date when such Form B was lodged shall be the date of lodgement of the converted Pending Form A. 5.7 A Pending Form A will not prevent any VRLS Transaction from being carried out. A Pending Form A will automatically be deleted by the HPFLAS System on the seventeenth (17 th ) day after the date of submission. 5.8 The Temporary Form A has a similar effect to the Form A save that it only valid for a period of two months and is to be used only in respect of vehicles which have not yet been registered.
Upon registration, if the Member still has a valid interest which the Member intends to retain, the Member should immediately lodge a Form A. 6. Discharge of Member s Interest 6.1 A Member shall discharge its interest in any vehicle immediately after a hirer s satisfaction of the financing by submitting Form B based on the relevant information as set out in Form A on HPFLAS s website not later than one (1) Business Day after a hirer s satisfaction of the financing. 6.2 The information as provided by the Member will be automatically updated by the HPFLAS System. 6.3 For the avoidance of doubt, where the date following the discharge of a hire purchase facility is a non-business Day, the due date of lodgement of Form B would be the next Business Day. 7. Procedure when VRLS Transaction Attempted for Vehicle Under Financing 7.1 The detailed procedure in the event that a VRLS Transaction is attempted in respect of a vehicle under financing is set out under Clauses 4 and 6 of the Memorandum. 7.2 If the search made by the LTA on the HPFLAS System reflects that a vehicle is still under hire purchase financing, then the LTA will immediately alert HPFLAS of the VRLS Transaction via post and/or email through the HPFLAS System setting out the details of such VRLS Transaction. 7.3 Once the HPFLAS System receives such an alert from the LTA, it will self-generate an alert and forward such alert by email to the relevant Member. 7.4 The relevant Member who wishes to request the LTA to reject any future VRLS Transactions shall follow the LTA s prescribed procedure and submit an original, duly completed and signed Deed of Indemnity by the Member whose specimen signature is on record with HPFLAS and has been provided to the LTA by HPFLAS prior to the submission of such Deed of Indemnity (in the form prescribed under the Memorandum) within the LTA s prescribed timeframe, to the LTA at the LTA s office at 10 Sin Min Drive Singapore 575701 and comply with any other requirement prescribed by the LTA including without limitation the provision of a security deposit in the form of the Banker s Guarantee or cashier s order prescribed under the Memorandum and the payment of the administrative charge determined by the LTA from time to time. The Member shall also be required, upon the LTA s request, to submit a copy of the hire purchase or loan agreement within the timeframe stipulated by the LTA. 7.5 Each Member acknowledges and agrees that, notwithstanding any other provision in this Regulations or the Memorandum, the LTA retains the sole and absolute discretion to decide whether to accept or reject any VRLS Transaction and that nothing in this Regulations or the
Memorandum is intended to, and shall not, whether under contract, tort or any other theory of law: (c) impose any obligation on the LTA to accept or reject any VRLS Transaction or otherwise impose any fetter or duty of care on the LTA in relation to the exercise of any of its powers under the Road Traffic Act (Cap. 276) (the RTA ) or any other law; require the LTA to, in the exercise of any of its powers under the RTA or under any other law, take into consideration any matters, including any information provided by the HPFLAS System, HPFLAS or any Member; render the LTA responsible or liable for any damages, losses, costs or expenses incurred by HPFLAS or any of its Members for any VRLS Transactions for vehicles that were found to be under financing by HPFLAS Members at the time of the submission of the VRLS Transaction, including those conducted without the consent and knowledge of: (i) (ii) the registered owner of the vehicle, PARF/COE rebate; or the legal or beneficial owner of the vehicle, PARF/COE rebate. 7.6 The Member hereby acknowledges that an application to reject a VRLS Transaction may result in disputes with third parties including without limitation, the registered owner of the vehicle. The Member hereby undertakes in the event of any such dispute, to comply with the terms of the Standard Operating Procedure and to take all steps and provide the LTA with such assistance and co-operation that the LTA may reasonably require to resolve the dispute. 7.7 The Member further acknowledges that if 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. 8. Maintenance of HPFLAS System 8.1 HPFLAS may from time to time deactivate or suspend the Member s account without any notice to the Member in order to carry out system maintenance, upgrading, testing, repairs and other related work as may be deemed necessary in the sole and absolute discretion of HPFLAS. 8.2 Without prejudice to the other provisions of the Regulations, HPFLAS shall not be liable for any loss and damage, costs and expense that the Member may suffer or incur as a result of any such deactivation or suspension of its account. 9. Non-Compliance with Regulations and Code of Conduct 9.1 Subject to Rules 7.5 and 7.6, the Management Committee is responsible for the administration of these Regulations and may in its sole and absolute discretion determine if a
Member has committed any breach of the Memorandum, these Regulations or the Code of Conduct. 9.2 The Management Committee may in its sole and absolute discretion determine the appropriate penalty for a breach of the Memorandum, these Regulations or the Code of Conduct including, but not limited to: (c) (d) suspension of the Member s HPFLAS System account; removal of any or all of the Member s Form As, Pending 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. 9.3 In addition a Member that fails to comply with any provisions of the Regulations may be liable for the following penalties: failure to lodge Form B, within the prescribed time frame of 1 Business Day fine of up to S$500.00 or such other amount as the Management Committee may determine and/or suspension/termination of the Member s account; failure to comply with the security guidelines contained in Rule 4 fine of up to S$5,000.00 and/or suspension/termination of the Member s account; and/or (c) failure to make payment of any penalty imposed under Rule suspension of the Member s account until the outstanding penalty is paid or termination of the Member s account. 10. Termination of Access 10.1 Notwithstanding anything contained herein, HPFLAS is entitled at its sole and absolute discretion, at any time and without assigning any reason, to terminate a Member s HPFLAS System account. 10.2 A Member may terminate its account by: giving HPFLAS one weeks prior written notice; and making full payment of all outstanding sums (if any) due to HPFLAS, Provided always that any Member s resignation shall only take effect upon the Management Committee s written notification that (i) the Member s written notice of resignation has been received, and (ii) no debts and liabilities in respect of the Member are due and unpaid;
10.3 Upon the termination of a Member s account for any reason, the rights of that Member to access the HPFLAS System and/or Services will automatically cease. 10.4 HPFLAS shall forthwith remove information supplied by a Member whose account has been terminated, including but not limited to information relating to that Member s interest in any vehicle that is under a hire purchase facility granted by that Member, at its sole discretion. HPFLAS shall not be liable for any loss and damage, costs and expense that the Member may suffer or incur as a result of any such removal of such information. 11. Indemnity and Exclusion of Liability 11.1 The Member will indemnify and keep HPFLAS and the LTA indemnified against all liabilities, damages, losses, costs and expenses (including legal costs on a full indemnity basis), which may suffered or incurred by HPFLAS and the LTA arising from or in connection with the Member s use and access to the HPFLAS System and/or Services or the Member s noncompliance with the Regulations. 11.2 The Member agrees that it shall not hold liable HPFLAS or its Management Committee for any damage or loss suffered arising from the exercise of its discretion in accordance with Rule 10 above. 11.3 In no event will HPFLAS or its Management Committee be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the HPFLAS System site or any linked site or use thereof or inability to use by any party, or in connection with any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if HPFLAS, or representatives thereof, are advised of the possibility of such damages, losses or expenses. 12. Rights of Third Parties 12.1 A person who is not a party to the Regulations shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any of its terms. 12.2 Notwithstanding Rule 12.1, each Member acknowledges and agrees that the LTA shall have the right, where provided under these Regulations and Clause 4.12 (p) of the Memorandum, to enforce the provisions contained therein against the Member. 13. Miscellaneous 13.1 HPFLAS may at any time vary, modify, add to or delete any provision contained in the Regulations and HPFLAS shall notify the Member of any such changes in such manner as it may, at its sole and absolute discretion, deem fit.
13.2 No waiver of any breach under the Regulations will amount to a waiver of any other breach. No failure or delay by HPFLAS to exercise any right or remedy under the Regulations will operate as a waiver of such right or remedy. 13.3 The Regulations shall be governed by Singapore law. 13.4 The Member agrees to submit to the non-exclusive jurisdiction of the Singapore courts. Version 2012
Annex A STANDARD OPERATING PROCEDURE ON DISPUTE RESOLUTION Procedure for the resolution of disputes arising from the LTA s VRLS financing checks with the HPFLAS System. 1. Definitions 1.1 Business Day means Monday to Friday, 0900 hours to 1630 hours and excludes Saturdays, Sundays and public holidays; Dispute means any dispute arising from or in connection with a Rejected Transaction, as notified by a Relevant Party to LTA under Clause 2.1. The Dispute may occur either during the Specified Period of the Rejected Transaction or during a Holding Period of the Rejected Transaction; Documents means the documents referred to in Clause 4.12 of the Memorandum of Cooperation entered into between LTA and HPFLAS dated 27 February 2006; Holding Period means in relation to a vehicle found to be under financing, means a period of 2 calendar months commencing from the Documents Acceptance Date. For example, where the Documents are accepted by the LTA on or before 1630hrs on Wednesday 15 February 2006, the Holding Period shall expire at 2359 hours on 14 April 2006; HPFLAS means the Hire Purchase, Finance and Leasing Association of Singapore; HPFLAS System means the computer system and database belonging to HPFLAS and maintained by HPFLAS or its wholly owned subsidiary or appointed contractor, which contains vehicle financing information; LTA means Land Transport Authority of Singapore; Member means a member of HPFLAS, whose membership has not been terminated, revoked, suspended, or otherwise restricted; Relevant Party means the Registered Owner or such other third party disputing, contesting or challenging LTA s rejection of a Rejected Transaction; Rejected Transaction means any transaction involving a transfer or de-registration of a vehicle indicated by the HPFLAS System as under financing that has been rejected by LTA or any prohibition/rejection of transfer or utilisation of PARF/COE rebates resulting from deregistration of a vehicle indicated by the HPFLAS System as under financing;
Request means a request by a Member to the LTA, requesting the LTA to reject all Transactions relating to a vehicle found to be under financing, pursuant to Clause 4.12(c) of the Memorandum of Co-operation entered into between LTA and HPFLAS dated 27 February 2006; Specified Period means the period set out in paragraph 1, Schedule 3 of the Memorandum of Co-operation entered into between LTA and HPFLAS dated 27 February 2006, within which a Member must submit a Request and the Documents in accordance with Clause 4.12(c) of such Memorandum; Member means a member of HPFLAS whose membership has not been terminated, revoked, suspended, or otherwise restricted and who has subscribed to be a user of the HPFLAS System; and VRLS means LTA s Vehicle Registration & Licensing System. 1.2 For the purposes of this document: a vehicle found to be under financing shall refer to: (i) (ii) a vehicle in relation to which the VRLS has received from the HPFLAS System, in response to an online check by the VRLS, a notification that such vehicle is reflected in the HPFLAS System as under financing; or a vehicle in relation to which the VRLS has not received from the HPFLAS System a notification that such vehicle is reflected in the HPFLAS as under financing, and a vehicle not found to be under financing shall refer to a vehicle in relation to which the VRLS has received from the HPFLAS System, in response to an online check by the VRLS, a notification that such vehicle is reflected in the HPFLAS System as not under financing. 2 Notification of Dispute 2.1 LTA shall, within 1 Business Day after receiving notification of any Dispute: (c) notify the HPFLAS in writing by facsimile of such Dispute; provide the HPFLAS with such details of the Rejected Transaction and the Relevant Party as may be available to LTA; and provide to the HPFLAS copies of the documentary proof, if any, that the Relevant Party has provided to LTA.
3. Member s Response 3.1 HPFLAS shall notify the relevant Member of the Dispute immediately upon LTA s notification under Clause 2.1. 3.2 The Member shall investigate the Dispute in good faith and use its best efforts to resolve the Dispute with the Relevant Party immediately. 3.3 The Member shall, within the timelines stated below, inform LTA, in writing via facsimile of the outcome of the investigation ( Resolution Notice ), regardless of whether the Member has concluded its investigation into the Dispute and whether a resolution has been reached by the Member with the Relevant Party: For Disputes occurring within the Specified Period, the Resolution Notice must be provided to LTA within 3 hours of LTA s notification of the Dispute to HPFLAS. For Disputes occurring within the Holding Period, the Resolution Notice must be provided to LTA within 5 hours of LTA s notification of the Dispute to HPFLAS. 3.4 The Member shall ensure that the Resolution Notice states either of the following results: Dispute resolved and LTA may proceed with the Rejected Transaction, in such manner as LTA may, in its sole and absolute discretion, deem fit; or Dispute not resolved, in which case: (i) (ii) If the Dispute was notified to LTA during the Specified Period, the Member shall submit a Request and the Documents within the next Business Day of LTA's notification of the Dispute to HPFLAS or prior to the expiry of the Specified Period, whichever is earlier. LTA shall endeavour not to approve the Rejected Transaction in the meantime; or If the Dispute was notified to LTA during the Holding Period, LTA shall endeavour not to approve the Rejected Transaction during the Holding Period. 3.5 In the event that LTA does not receive the Resolution Notice within the timeframe stated in Clause 3.4 or, if the Dispute was notified to LTA during the Specified Period, LTA does not receive a Request and the Documents within the timeframe stated in Clause 3.4, LTA shall be entitled to proceed with the Rejected Transaction in such manner as LTA may, in its sole and absolute discretion, deem fit without further notice to HPFLAS or the Member. 3.6 Upon the expiry of the Holding Period, unless the Member provides to LTA such evidence as LTA may require of an acceptable resolution of the Dispute between the Member and the Relevant Party, LTA may proceed to process the Rejected Transaction in such manner as LTA may, in its sole and absolute discretion, deem fit.
4. Notifications 4.1 Notification to HPFLAS for the purpose of this procedure shall be addressed to: Officer-in-charge Hire Purchase, Finance & Leasing Association of Singapore Re: Dispute Cases on Rejected Transactions by LTA Facsimile No.: 6733 6116 4.2 Notification to LTA for the purpose of this procedure shall be addressed to: Executive Assistant (Multi-Transactions) Vehicle Registration & Licensing Division Land Transport Authority Re: Dispute Cases on Rejected Transactions by LTA Facsimile No.: 6457 1639 5. Miscellaneous 5.1 Each Member hereby agrees to notify LTA forthwith in the event that it initiates any legal proceedings in respect of a Dispute. 5.2 Each Member hereby acknowledges that due to the special and constantly evolving nature of the VRLS and HPFLAS System, HPFLAS and LTA shall have the right to make reasonable changes to this Procedure and agree that any such modifications shall become binding and effective on the date specified by HPFLAS and LTA. 5.3 This Procedure shall be governed by, and construed under, Singapore law and shall form part of the Regulations and Regulations governing membership of the HPFLAS.
Annex B 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: 1.3.1 check on the financing status of a vehicle with the HPFLAS System prior to accepting any VRLS Transaction (as defined below); and 1.3.2 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. 1.5 E-mail Addresses. Members will receive HPFLAS System notifications by e-mail. Members are therefore reminded to, at all times, keep their e-mail 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:
2.1.1 online application to transfer ownership of vehicles; 2.1.2 online application to de-register vehicles; 2.1.3 online application for the de-registration of vehicles which are not near auto deregistration date; and 2.1.4 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.
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. 31.2 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 e-mail 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.
4.3 Effect of Temporary Form A. A Temporary Form A: 4.3.1 it will prevent VRLS Transactions from taking place (as described in paragraph 2 above); and 4.3.2 the Member who lodged it will receive an email 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: (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: failure to lodge Form B, within the prescribed time frame of 1 Business Day fine of up to S$500.00 or such other amount as the Management Committee may determine and/or suspension/termination of the Member s account; and
failure to comply with the security guidelines contained in Rule 4 fine of up to S$5,000.00 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]