Singapore legislation

Section 107

of Securities and Futures Act 2001

Section 107

Lodgment of annual accounts, etc.

(1)

A holder of a capital markets services licence must, in respect of each financial year —

(a)

prepare a true and fair profit and loss account and a balance sheet made up to the last day of the financial year; and

(b)

lodge that account and balance sheet with the Authority within 5 months, or such extension thereof permitted by the Authority under subsection (2), after the end of the financial year, together with an auditor’s report on the account and balance sheet.

(2)

Where an application for an extension of the period of 5 months specified in subsection (1) has been made by a holder of a capital markets services licence to the Authority and the Authority is satisfied that there is any special reason for requiring the extension, the Authority may extend that period by not more than 4 months, subject to such conditions or restrictions as the Authority thinks fit to impose.

(3)

Any holder of a capital markets services licence which contravenes subsection (1), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 for every day or part of a day that the lodgment is late, subject to a maximum fine of $50,000.

(4)

Any holder of a capital markets services licence which contravenes any condition imposed under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000.

(5)

Despite any other provision of this Act or any other written law, the Authority may, if it is not satisfied with the performance of duties by an auditor appointed by a holder of a capital markets services licence —

(a)

at any time direct the holder to remove the auditor; and

(b)

direct the holder, as soon as practicable thereafter, to appoint another auditor,and the holder must comply with such direction.