Singapore legislation

Section 13

of Commodity Trading Act 1992

Section 13

Other licences

Amended by4/20174/2017

(1)

Subject to section 14A, no person may act as, or hold the person out as —

(a)

a commodity broker’s representative;

(b)

a commodity trading adviser;

(c)

a commodity trading adviser’s representative;

(d)

a commodity pool operator; or

(e)

a commodity pool operator’s representative,unless the person is the holder of a licence granted under this Part that authorises the person to act as such.

(2)

As from 8 October 2018, subsection (1) ceases to apply to any person who —

(a)

in relation to subsection (1)(a), is a commodity broker’s representative of a commodity broker mentioned in section 12(2) who does not hold a transitional licence;

(b)

in relation to subsection (1)(b), commences business as a commodity trading adviser on or after that date;

(c)

in relation to subsection (1)(c), is a commodity trading adviser’s representative of a commodity trading adviser mentioned in paragraph (b) who does not hold a transitional licence;

(d)

in relation to subsection (1)(d), commences business as a commodity pool operator on or after that date; or

(e)

in relation to subsection (1)(e), is a commodity pool operator’s representative of a commodity pool operator mentioned in paragraph (d) who does not hold a transitional licence.

Amended by4/2017

(3)

A holder of a commodity broker’s licence is not required to hold a commodity trading adviser’s licence.

(4)

A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —

(a)

for an offence under subsection (1)(b) or (d) to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 3 years or to both;

(b)

for an offence under subsection (1)(a), (c) or (e) to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both.

(5)

In this section, “transitional licence” has the meaning given by section 66.

Amended by4/2017