Singapore legislation

Section 137U

of Securities and Futures Act 2001

Section 137U

Duty of substantial unitholder to notify trustee and responsible person of interests

Amended by2/20092/20092/20092/2009

(1)

Sections 135 to 137B apply, with such modifications and qualifications as may be necessary, to a person who is a substantial unitholder of a real estate investment trust as though —

(a)

references to the corporation to which notification should be given were references to —

(i)

the trustee of the real estate investment trust; and

(ii)

the responsible person for the real estate investment trust;

(b)

references to shares or voting shares in the corporation were references to units or voting units in the real estate investment trust; and

(c)

references to a substantial shareholder in the corporation were references to a substantial unitholder of the real estate investment trust,and such person must comply with those provisions accordingly.

Amended by2/2009

(2)

Any person to whom subsection (1) applies who —

(a)

intentionally or recklessly contravenes section 135, 136(1) or (2), 137, 137A or 137B as applied by subsection (1); or

(b)

in purported compliance with section 135, 136, 137 or 137B as applied by subsection (1), provides any information which the person knows is false or misleading in a material particular or is reckless as to whether it is,shall be guilty of an offence and shall —

(c)

in the case of an individual, be liable on conviction to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $25,000 for every day or part of a day during which the offence continues after conviction; or

(d)

in the case of a corporation, be liable on conviction to a fine not exceeding $250,000 and, in the case of a continuing offence, to a further fine not exceeding $25,000 for every day or part of a day during which the offence continues after conviction.

Amended by2/2009

(3)

Any person to whom subsection (1) applies who —

(a)

contravenes section 135, 136(1) or (2), 137, 137A or 137B as applied by subsection (1); or

(b)

in purported compliance with section 135, 136, 137 or 137B as applied by subsection (1), provides any information which is false or misleading in a material particular,in circumstances other than as set out in subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 and, in the case of a continuing offence, to a further fine not exceeding $2,500 for every day or part of a day during which the offence continues after conviction.

Amended by2/2009

(4)

No proceedings shall be instituted against a person for an offence under this section after ––

(a)

a court has made an order against the person for the payment of a civil penalty under section 137ZD in respect of the same contravention; or

(b)

the person has entered into an agreement with the Authority to pay, with or without admission of liability, a civil penalty under section 137ZD(4), in respect of the same contravention.

Amended by2/2009