Singapore legislation
Section 15
Section 15
Lapsing, revocation and suspension of financial adviser’s licence
(1)
A financial adviser’s licence lapses —
if the licensed financial adviser is wound up or otherwise dissolved, whether in Singapore or elsewhere; or
in the event of such other occurrence or in such other circumstances as may be prescribed.
(2)
The Authority may revoke a financial adviser’s licence if —
there exists a ground on which the Authority may refuse an application under section 8(1);
the licensed financial adviser has contravened any provision of this Act, or any condition or restriction imposed or any written direction issued by the Authority under this Act;
it appears to the Authority that the licensed financial adviser has failed to satisfy any of its obligations under or arising from —
this Act; or
any written direction issued by the Authority under this Act;
it appears to the Authority that the licensed financial adviser is carrying on its business in a manner that is —
likely to be detrimental to its clients; or
contrary to the interests of the public;
the licensed financial adviser has provided any information or document to the Authority that is false or misleading;
the Authority has reason to believe that the licensed financial adviser, or any of its officers or employees, has not performed its or his or her duties efficiently, honestly or fairly;
a prohibition order under section 68 has been made by the Authority, and remains in force, against the licensed financial adviser;
the Authority has reason to believe that the licensed financial adviser has not acted in the best interests of its clients;
the licensed financial adviser fails to pay the licence fee mentioned in section 11; or
the licensed financial adviser fails or ceases to carry on business in all types of financial advisory service for which it was licensed.
(3)
The Authority may, if it considers it desirable to do so —
suspend a financial adviser’s licence for a specific period instead of revoking it under subsection (2); and
at any time extend or revoke the suspension.
(4)
Subject to subsection (5), the Authority must not revoke or suspend a financial adviser’s licence under subsection (2) or (3) without giving the licensed financial adviser an opportunity to be heard.
(5)
The Authority may revoke or suspend a financial adviser’s licence without giving the licensed financial adviser an opportunity to be heard on any of the following grounds:
the licensed financial adviser is in the course of being wound up or otherwise dissolved, whether in Singapore or elsewhere;
a receiver, a receiver and manager or an equivalent person has been appointed, whether in Singapore or elsewhere, for or in respect of any property of the licensed financial adviser;
a prohibition order under section 68 has been made by the Authority, and remains in force, against the licensed financial adviser;
the licensed financial adviser has been convicted, whether in Singapore or elsewhere, of an offence involving fraud or dishonesty or the conviction for which involved a finding that it had acted fraudulently or dishonestly.
(6)
A person whose financial adviser’s licence is revoked or suspended must cease to act as a financial adviser from the date on which the revocation or suspension takes effect.
(7)
Where the Authority has revoked or suspended a financial adviser’s licence, the licensed financial adviser must —
in the case of a revocation of its licence, immediately inform all its representatives by written notice of such revocation, and the representatives who are so informed must cease to act as representatives of that licensed financial adviser; or
in the case of a suspension of its licence, immediately inform all its representatives by written notice of such suspension, and the representatives who are so informed must cease to act as representatives of that licensed financial adviser during the period of the suspension.
(8)
A lapsing, revocation or suspension of a financial adviser’s licence must not operate so as to —
avoid or affect any agreement, transaction or arrangement relating to any investment product entered into by the licensed financial adviser, whether the agreement, transaction or arrangement was entered into before, on or after the lapsing, revocation or suspension of the licence; or
affect any right, obligation or liability arising under any such agreement, transaction or arrangement.
(9)
Any person who continues to act as a financial adviser in contravention of subsection (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $150,000 and, in the case of a continuing offence, to a further fine not exceeding $15,000 for every day or part of a day during which the offence continues after conviction.
(10)
Any financial adviser which contravenes subsection (7) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction.[19