Singapore legislation

Section 84

of Financial Advisers Act 2001

Section 84

Duty of specified financial adviser under inspection

Amended by18/201518/201518/201518/201518/201518/2015

(1)

For the purposes of an inspection under section 83, and subject to subsection (2), the specified financial adviser must —

(a)

give the foreign regulatory authority access to such of the books of the specified financial adviser; and

(b)

provide such information (including information relating to the internal control systems of the specified financial adviser) and facilities,as the foreign regulatory authority may require for the inspection.

Amended by18/2015

(2)

The specified financial adviser need not give the foreign regulatory authority access to the books of the specified financial adviser, or provide information or facilities, at such times or at such places as would unduly interfere with the proper conduct of the normal daily business of the specified financial adviser.

Amended by18/2015

(3)

Subsection (1) has effect despite any obligation of confidentiality or other restrictions on the disclosure of information imposed on the specified financial adviser or any of its officers by any prescribed written law or any requirement imposed under such written law, any rule of law, any contract or any rule of professional conduct.

Amended by18/2015

(4)

A specified financial adviser which, without reasonable excuse, refuses or neglects to comply with subsection (1) 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.

Amended by18/2015

(5)

No civil or criminal liability is incurred by a specified financial adviser or any of its officers in respect of any obligation or restriction mentioned in subsection (3) for doing or omitting to do any act, if the act is done or omitted to be done with reasonable care and in good faith and for the purpose of complying with subsection (1).

Amended by18/2015

(6)

A specified financial adviser which or any of its officers who, with reasonable care and in good faith, does or omits to do any act for the purpose of complying with subsection (1) is not to be treated as being in breach of any obligation or restriction mentioned in subsection (3).[70D

Amended by18/2015
Section 84 — Financial Advisers Act 2001 | laws.sg