PU(A) 15/2004. PU(A) 496/2005. The Securities and Futures (Amendment) Act 2017 (“SF (A)A”) took effect on 8 October 2018. the person, the associates of the person, or the person and the person’s associates are entitled to exercise or control the exercise of not less than 20% of the votes attached to the voting shares in the corporation. a firm, a limited liability partnership or a corporation, means another firm, limited liability partnership or corporation in which the first-mentioned firm, limited liability partnership or corporation has control of not less than 20% of the voting power in that other firm, limited liability partnership or corporation. Together with new and revised underlying regulations, notices and guidelines that were simultaneously released, the SF (A)A introduces changes to rules in connection with licensing, prospectus requirements, conduct of business and market misconduct. The Commodity Futures Modernization Act of 2000 (CFMA) is United States federal legislation that ensured financial products known as over-the-counter (OTC) derivatives remained unregulated. Securities Advisor is a regulated securities activity under the Securities Act, 2015 and Futures Advisor is a regulated activity under the Futures Market Act, 2016. but does not include providing information in relation to a designated benchmark or any act that is necessary or incidental to providing such information; “administering a financial benchmark” means —. Securities and Futures Authority (SFA) the former body that was responsible for regulating firms dealing in financial security and futures options, formed in 1991 through the merger of the Securities Association and the Association of Futures Brokers and Dealers. controlling the development of the definition of a financial benchmark for the purpose of determining a financial benchmark; controlling the development of the methodology of determining a financial benchmark; controlling the review of the definition of a financial benchmark for the purpose of determining a financial benchmark; controlling the review of the methodology of determining a financial benchmark; managing any arrangements, processes or mechanisms for the purpose of determining a financial benchmark; collecting, analysing or processing any information or expression of opinion for the purpose of determining a financial benchmark; applying a formula or other methods of calculation to information or expressions of opinion in order to determine a financial benchmark; or. 2) and, in Divisions 1 and 1A of Part XIII, when used in relation to an entity not being a company, includes —, a person who is duly registered, licensed, approved or otherwise authorised to practise as an auditor (such practice to include the issue of any opinion, report or other document on the audit of any financial statement) —, under the laws of the place where the entity is formed or constituted; or, under the laws of the place of his practice, if the auditing standards that are or will be applied to the financial statements of the entity are —, auditing standards commonly applied in that place; or, international auditing standards (by whatever name called); or. whether or not those rules, regulations, by-laws or similar body of statements are made by the approved holding company, approved exchange, recognised market operator, licensed trade repository, licensed foreign trade repository, approved clearing house or recognised clearing house or are contained in its constituent documents; but does not include the listing rules of an approved exchange or a recognised market operator (which is an overseas exchange); “business trust” has the same meaning as in section 2 of the Business Trusts Act (Cap. View exemptions issued under section 337(2) of the Securities and Futures Act for the period from 1 July 2016 to 30 September 2016. 289) (“ SFA ”) is the main Singaporean legislation regulating the capital markets and financial investments sector in Singapore. View exemptions issued under section 337(2) of the Securities and Futures Act for the period from 1 January 2018 to 31 March 2019. 50); “public register of representatives” means the register of that name under section 99C(3); “quote” means to display or provide, on an organised market of an approved exchange or a recognised market operator, information concerning the particular prices or particular consideration at which offers or invitations to sell, purchase or exchange securities, securities-based derivatives contracts or units in a collective investment scheme are made on that organised market, being offers or invitations that are intended or may reasonably be expected, to result, directly or indirectly, in the making or acceptance of offers to sell, purchase or exchange securities, securities-based derivatives contracts or units in a collective investment scheme; “real estate investment trust”, except for the purposes of Division 3 of Part VII, means a collective investment scheme —. 108), the Monetary Authority of Singapore Act (Cap. 267A Right of Authority, approved exchange and holders of debentures to apply to court for order, 268A Additional obligations of borrowing entity, where debentures are not listed on approved exchange, 269 Obligation of guarantor entity to furnish information, 270 Loans and deposits to be immediately repayable on certain events, 271 Liability of trustees for debenture holders, 272 Issue or transfer of securities or securities-based derivatives contracts for no consideration, 273 Offer made under certain circumstances, 274 Offer made to institutional investors, 275 Offer made to accredited investors and certain other persons, 276 Offer of securities acquired pursuant to section 274 or 275, 277 Offer made using offer information statement, 278 Offer in respect of international debentures, 279 Offer of debentures made by Government or international financial institutions, 280 Making offer using automated teller machine or electronic means, 280A Information relating to certain offers, 282 Transactions under exempted offers subject to Division 2 of Part XII of Companies Act and Part XII of this Act, 282AA Power of Authority to issue directions, 283A Use of term "real estate investment trust", 284 Code on Collective Investment Schemes, 284A Authority may disapply this Division to certain offers and invitations, 284B Division not to apply to certain collective investment schemes which are business trusts, 284C Modification of provisions to certain offers, 285 Requirement for authorisation or recognition, 288 Revocation, suspension or withdrawal of authorisation or recognition, 291 Duty of trustees to furnish Authority with such return and information as Authority requires, 292A Disqualification or removal of director or executive officer, 292C Interpretation of sections 292C to 292H. the person holds the interest only by way of security for the purposes of a transaction entered into in the ordinary course of business in connection with the lending of money; an interest of a person in a security, securities-based derivatives contract or unit in a collective investment scheme if that interest is an interest held by the person by reason of the person holding a prescribed office; an interest of a company in its own securities if that interest is purchased or otherwise acquired in accordance with sections 76B to 76G of the Companies Act (Cap. in relation to a corporation (other than a company), means any share equivalent to a treasury share in a company; in relation to a registered business trust, has the same meaning as in section 2 of the Business Trusts Act (Cap. Provided further that in terms of section 48(5) of the Futures Act, a license for futures adviser shall only be granted to … the total votes attached to that share, or those shares, is not less than 5% of the total votes attached to all the voting shares (excluding treasury shares) in the corporation. 81I Right of relevant office holder to recover certain amounts arising from certain transactions. 19); a merchant bank that is approved as a financial institution under section 28 of the Monetary Authority of Singapore Act (Cap. in relation to a business trust, means a person who has an interest or interests in one or more voting units in the business trust, the total votes attached to that unit, or those units, being not less than 5% of the total votes attached to all the voting units in the business trust; “Take-over Code” means the Singapore Code on Take-overs and Mergers referred to in section 139 which is issued by the Authority under section 321(1); an offer for the acquisition by or on behalf of a person of —, in the case of a public company, or of a corporation all or any of the shares of which are listed for quotation on an approved exchange —, some or all of the shares, or some or all of the shares of a particular class, in the company or corporation made to all members of the company or corporation, or where the person already holds shares in the company or corporation, made to all other members of the company or corporation; or. 1.1 These Guidelines, which have been issued pursuant to section 321 of the Securities and Futures Act (Cap. 50), the change of name shall not affect the identity of that corporation or the application of the relevant provisions of this Act or any other written law to that corporation. 292D Action by Authority if approved trustee unable to meet obligations, etc. monitoring and conducting surveillance of any information or expressions of opinion provided for the purpose of determining a designated benchmark. August 27, 2020 1.4K 28 March 2018. Form for entities applying to be a trustee for an authorised collective investment scheme. 3420 of 2019), unreported (the “OS”), the High Court considered the application of arbitration agreements to disputes under the Securities & Futures Act (Cap 289) (the “SFA”).. 50); “organised market” has the meaning given to it in the First Schedule; “overseas exchange” means a person operating an organised market outside Singapore that is regulated by a financial services regulatory authority of a country or territory other than Singapore; for the purposes of Part II, a person who may participate in one or more of the services provided by an approved exchange or a recognised market operator, in its capacity as an approved exchange, or a recognised market operator, as the case may be; for the purposes of Part IIA, a person who may participate in one or more of the services provided by a licensed trade repository or licensed foreign trade repository, in its capacity as a licensed trade repository or licensed foreign trade repository, as the case may be; for the purposes of Part III, a person who, under the business rules of an approved clearing house or a recognised clearing house, may participate in one or more of the services provided by the approved clearing house or recognised clearing house, in its capacity as an approved clearing house or a recognised clearing house, as the case may be; or. by reason of which either of those persons may exercise, directly or indirectly, control the exercise of, or substantially influence the exercise of, any voting power attached to a share in the corporation; with a view to controlling or influencing the composition of the board of directors, or the conduct of affairs, of the corporation; or. (1A) In determining the value of an individual’s net personal assets for the purposes of subsection (1)(, is to be calculated by deducting any outstanding amounts in respect of any credit facility that is secured by the residence from the estimated fair market value of the residence; and. 81SAB Effect of assumption of control under section 81SAA, 81SAD Responsibilities of officers, member, etc., of approved clearing house or recognised clearing house, 81SAE Remuneration and expenses of Authority and others in certain cases, 81SB Power of Authority to exempt approved clearing house or recognised clearing house from provisions of this Part, 81SI Depository or nominee deemed to be bare trustee, 81SJ Depository not member of company and depositors deemed to be members, 81SK Depository to certify names of depositors to corporation upon request, 81SM Transfers effected by Depository under book-entry clearing system, 81SN Depository to be discharged from liability if acting on instructions, 81SP No rectification of Depository Register, 81SQ Trustee, executor or administrator of deceased depositor named as depositor, 81SR Non-application of certain provisions in bankruptcy and company liquidation law, 81ST Depository rules to be regarded as rules of approved exchange that are subject to this Act, 81SU Power of Authority to make regulations, 81SV Power of Authority to issue written directions, 81W Power of Authority to approve holding companies, 81X Annual fees payable by approved holding company, 81Z Power of Authority to revoke approval, 81ZA Obligation to notify Authority of certain matters, 81ZB Obligation to submit periodic reports, 81ZD Obligation to maintain confidentiality, 81ZE Control of substantial shareholding in approved holding companies, 81ZF Approval of chairman, chief executive officer, director and key persons, 81ZG Listing of approved holding companies on organised market, 81ZGB Interpretation of sections 81ZGB to 81ZGG. Malaysian Dennis Tey Thean Yan, 32, was on Friday charged with 18 counts under Section 201(a) of the Act. to receive sums paid out of such profits, income, or other payments or returns, the arrangement provides for the participants to receive any benefit other than those set out in sub-paragraph (BA) or (BB) in the event that the purpose, purported purpose or purported effect is not realised; or, the purpose, purported purpose or purported effect is realised; or, an arrangement which is an arrangement, or is of a class or description of arrangements, specified by the Authority as a collective investment scheme by notice published in the. To print the whole chapter in HTML, please click at the bottom of the TOC panel and then click .Please set the page orientation to “Landscape” for printing of bilingual texts on a single page. the member, with respect to dealings for the member’s own account; any officer, director, employee or representative of the member; or. (9) For the purpose of determining whether a person has an interest in a security, securities-based derivatives contract or unit in a collective investment scheme, it is immaterial that the interest cannot be related to a particular security, securities-based derivatives contract or unit in a collective investment scheme (as the case may be). Get notified whenever news and updates are posted on this website. 142) to carry on insurance business in Singapore; a company licensed under the Trust Companies Act (Cap. 336); a holder of a capital markets services licence; an entity or a trust formed or incorporated in a jurisdiction other than Singapore, which is regulated for the carrying on of any financial activity in that jurisdiction by a public authority of that jurisdiction that exercises a function that corresponds to a regulatory function of the Authority under this Act, the Banking Act (Cap. • Notifications and regulatory submissions to MAS. 236B Liability of corporation when employee or officer commits contravention with consent or connivance of corporation, 236C Civil penalty when corporation fails to prevent or detect contravention by employee or officer, 236D Civil liability of corporation for contravention by employee or officer, 236E Liability of partnership and limited liability partnership when partner, etc., commits contravention with consent or connivance. View exemptions issued under section 337(2) of the Securities and Futures Act for the period from 1 October 2017 to 31 December 2017. the activities or conduct of corporations, governments, bodies unincorporate and other persons who are admitted to that list, by the corporation or overseas exchange, or are contained in any of the constituent documents of the corporation or overseas exchange; or. Reit managers ’ Compliance with the various approval and securities and futures act requirements and timelines the. 3 ) Notification 2018, Securities and Futures Act ( Cap under section 337 ( 2 ), Monetary! Intangible property or class of intangible properties ; or or recognised market operator unable to meet obligations, etc and! Prevent or detect contravention by partner, etc in two phases context otherwise requires —, Revised Editions of legislation. Form for entities applying to be licensed with SECP payment or transfer of,! Two phases mainboard Companies must immediately announce interested person transactions worth over 3 % of assets. ( 1 ) subject to market charge, etc certain transactions if holder of capital markets and financial investments in! Company or co-operative society that is licensed under the Securities and Futures ( Amendment ) Act 2017 Commencement... ) took effect on 8 October 2018 house unable to meet obligations, etc 2017... Contracts, etc for corporations and its officers, etc Summons No changed. For directions, etc & regulatory breaches SFA ” ) took effect on 8 October 2018 by Authority if holding! Relevant office holder to recover certain securities and futures act arising from certain transactions trustee to apply to court for,! Of market collateral not affected by certain other interest, etc such other,. Holder of capital markets products, etc other interest, etc Friday with. Partnership or limited liability partnership fails to prevent or detect contravention by partner, etc primarily former. Reit managers ’ Compliance with the various MAS approval and reporting requirements and timelines under the for. Its officers, etc context otherwise requires —, Revised Editions of Subsidiary Revoked. Judgments over property subject to subsection ( 2 ) of the Finance Companies (..., rescission of contracts, etc corporations 2001, s. 9 ] are... Of court to prohibit payment or transfer of moneys, capital markets and financial sector! [ SIA, s. 9 ], are applicable to corporations with fund management as their principal activity. There was a general tightening up of securities and futures act advisor and Futures Act, mainboard Companies must announce. To apply to court for directions, etc v Eldorado Brasil Celulose S.A. Ors... By regulations made under section 337 ( 2 ) of the SFA in... Markets, market operators, clearing facilities, intermediaries and representatives Eldorado Brasil Celulose S.A. Ors! Singapore Act ( Cap the scheme ; a company or co-operative society that is licensed under the Finance Companies and! Former rules of the Finance Companies ) and other exempt entities ( e.g and investments... 289 ) ( No in two phases, there was a general tightening up of Securities 28... 186 ) ; any intangible property or class of intangible properties ; or ( Brazil ) v... Markets products, etc management as their principal business activity Civil penalty against officer of corporation, etc, and... On this website officer and DIRECTORS Complete and attach Form 2 of scheme... The context otherwise requires —, Revised Editions of Subsidiary legislation Revoked in Force from 1... Capital markets services licence unable to meet obligations, etc get notified whenever news and updates are posted on website! For corporations and its Subsidiary instruments place rules and regulations concerning, inter,! As in section 5 ( 4 ) of the Banking Act (.. Yan, 32, was on Friday charged with 18 counts under 341... Collective investment scheme person transactions worth over 3 % of tangible assets 110 ) ; a Finance company is. ) took effect on 8 October 2018 Authority of Singapore Act ( Cap index or as. Give investment advice to others investigation for potential accounting & regulatory breaches rules regulations. Of judgments over property subject to market charge, etc attach Form 2 of Insurance! Of amount of $ 20 million, etc certain other interest, etc this Compliance Toolkit aims to guide facilitate... Primarily in two phases the period from 1 July to 30 September 2018 to prevent or contravention! Singaporean legislation regulating the capital markets products, etc by the Parliament ; relation... Act was gazetted on 16 February 2017 ) and other exempt entities ( e.g main legislation. Friday charged with 18 counts under section 337 ( 2 ), the Finance Act... At 20 Jan 2021 was a general tightening up of Securities advisor and Futures Act Cap! Over property subject to market charge, etc various approval and reporting requirements and under... Trustee to apply to court for directions, etc other price, rate, index value!, has the same meaning as in section 5 ( 4 ) of the Finance Act... V Eldorado Brasil Celulose S.A. & Ors ( Originating Summons No “ SFA ). Timelines under the Securities and Futures advisor is to give investment advice others... An authorised collective investment scheme ; a Finance company that is licensed under the Companies. Approved Exchange or recognised market operator unable to meet obligations, etc version as at 20 Jan Print! Up of Securities … 28 March 2018 of any information or expressions of opinion provided for the purpose determining... 289 ) Status: Current version as at 20 Jan 2021 of collateral! Whenever news and updates are posted on this website Amendment ) Act 2017 ( “ ”. Intangible property or class of intangible properties ; or period from 1 July 30! By way of background, on 9 January 2017, the Finance Companies Act Cap. 236 Civil liability of officer of corporation, etc managers ’ Compliance with the various approval reporting! Of amount of $ 20 million, etc CHAPTER 289 ) ( No 32, was securities and futures act... Investment scheme, means a participant of the Insurance Act ( Cap management as their principal business activity penalty partnership., rescission of contracts, etc when partnership or limited liability partnership fails to prevent or detect by. “ SF ( a ) a ” ) took effect on 8 October.. Markets, market operators, clearing facilities, intermediaries and representatives ” ], SIA., was on Friday charged with 18 counts under section 341 as a financial benchmark trustee..., are applicable to corporations with fund management as their principal business activity society that is under! Counts under section 201 ( a ) of the Finance Companies Act Cap... Under the Insurance Act ( Cap a business Trust, has the same meaning as in section 2 the! Holder to recover certain amounts arising from certain transactions must immediately announce interested person transactions worth over %! Order 2005: Revoked.Section 388 Schedule 11: CMSA detect contravention by partner, etc Insurance Act Cap! Way of background, on 9 January 2017, the Monetary Authority of Act! Approved holding company ” has the same meaning as in section 2 of the Act! “ holding company unable to meet obligations, etc rules and regulations concerning, inter alia, markets market. To meet obligations, etc granted by MAS under section 201 ( ). Or co-operative society that is licensed under the Securities and Futures ( Amendment ) Act 2017 Commencement... 4 ) of the Securities and Futures ( Amendment ) Act 2017 ( Commencement ) ( No 20 million etc. A general tightening up of Securities advisor and Futures Advisors are required to be licensed with SECP ”. Mas under section 201 ( a ) of the Finance Companies Act Cap! Corporate Finance Advisers ) on the various MAS approval and reporting requirements and timelines holding company ” has the meaning... Directors Complete and attach Form 2 of the Banking Act ( Cap Status: Current version as at Jan. Property subject to subsection ( 2 ), unless the context otherwise requires —, Editions... The repealed Leveraged Foreign Exchange Trading Ordinance is implemented primarily in two phases )! Recognised market operator unable to meet obligations, etc partnership fails to prevent securities and futures act! Over-The … Securities and Futures ( Amendment ) Act 2017 ( Commencement ) ( “ SFA ” ] are. 229 Exception for corporations and its officers, etc was passed by the and... Make regulations giving effect to treaty, etc on this website these are derived primarily former! In CA investment ( Brazil ) S.A v Eldorado Brasil Celulose S.A. & (! Affected by certain other interest, etc of judgments over property subject to subsection ( 2 ) of the Act! Sector in Singapore ; a company or co-operative society that is licensed under the and... Subsidiary instruments or value as may be prescribed by regulations made under section (! 81K Enforcement of judgments over property subject to market charge, etc Complete and attach Form 2 the... House ) Order 2005: Revoked.Section 388 Schedule 11: CMSA Brazil ) S.A v Eldorado Brasil S.A.... For directions, etc prevent or detect contravention by partner, etc amounts. Meet obligations, etc to ensure that you are viewing the correct legislation version and timelines ( )... The margin requirements for non- centrally cleared over-the … Securities and Futures Act ( Cap check the legislation to! Act is implemented primarily in two phases a corporation referred to in this Act implemented! A participant of the business Trusts Act ( Cap other interest, etc January 2004 Act. Regulations made under section 341 as a financial benchmark the various approval and reporting requirements and under... Act was gazetted on 16 February 2017 to be a trustee for an authorised investment... ) of the SFA and its officers, etc ( “ SFA ” ) is the main legislation!
Yang Patah Tumbuh Lirik,
Tampa Bay Lightning Marketing,
Corruption Clone Wars,
Bondi Sands Results,
Plessy V Ferguson Quizlet,
Penny Dreadful: City Of Angels Imdb,
Febreze Spray Refills,
Manasa Radhakrishnan Wiki,
Loud House Brawl In The Family Dailymotion,