Regulation of advertising and marketing, etc.
29.—(1)  A licensee must not knowingly or recklessly issue or publish, or cause to be issued or published, any advertising or marketing material in any form, or any business letter, circular or other document, which contains any information which is false or misleading in a material particular.
(2)  For the purpose of subsection (1), any advertising or marketing material or any business letter, circular or other document is presumed, unless the contrary is proved, to contain information which is false or misleading in a material particular if the material or document —
(a)does not state the business name of the licensee;
(b)states the business name of the licensee in an inconspicuous manner;
(c)does not state the rate of interest expressed as a percentage per annum, month or other period that the licensee charges for offering loans;
[Act 38 of 2023 wef 01/03/2024]
(d)states that the licensee offers loans at a specified rate of interest but the actual rate of interest charged is higher; or
(e)states that the licensee offers loans at a specified percentage rate of interest without stating that conditions apply, or without stating the conditions which apply, when the rate of interest offered is subject to conditions.
(3)  Without limiting the Registrar’s power to issue directions under section 45(1), the Registrar may issue directions to any licensee with respect to the issue, publication or contents of advertising or marketing materials or the conduct of advertising or marketing activities.
(4)  Any licensee who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both.
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