Singapore legislation

Section 46

of Financial Advisers Act 2001

Section 46

Business conduct requirements for appointed and provisional representatives

Amended by1/20091/20091/20091/20091/20091/20091/2009

(1)

Subject to the provisions of this Act, sections 34, 35, 36, 38, 42, 43 and 45 apply, with the necessary modifications, to an appointed or provisional representative in respect of his or her acting as such as if he or she were a licensed financial adviser.

Amended by1/2009

(2)

The Authority may, on the application of a licensed financial adviser or an exempt financial adviser, exempt any of its representatives from complying with any of the provisions mentioned in subsection (1).

Amended by1/2009

(3)

An exemption granted under subsection (2) need not be published in the Gazette.

Amended by1/2009

(4)

The Authority may withdraw an exemption granted to any person under subsection (2) if the person contravenes any provision of this Act, or if the Authority considers it necessary in the public interest.

Amended by1/2009

(5)

Where the Authority withdraws an exemption granted to any person under subsection (2), the Authority need not give the person an opportunity to be heard.

Amended by1/2009

(6)

A licensed financial adviser or an exempt financial adviser which is aggrieved by the decision of the Authority to withdraw an exemption granted to any of its appointed or provisional representatives under subsection (2) may, within 30 days of the decision, appeal in writing to the Minister.

Amended by1/2009

(7)

A withdrawal under subsection (4) of an exemption granted to any person does not operate so as to —

(a)

avoid or affect any agreement, transaction or arrangement relating to any investment product entered into by the person, whether the agreement, transaction or arrangement was entered into before, on or after the withdrawal of the exemption; or

(b)

affect any right, obligation or liability arising under any agreement, transaction or arrangement mentioned in paragraph (a).[37

Amended by1/2009