Singapore legislation

Section 214

of Securities and Futures Act 2001

Section 214

Interpretation of this Division

Amended by2/20094/20174/2017

(1)

In this Division —

Amended by2/20094/2017

Definition

“Collective Investment Scheme unit” or “CIS unit” means —

(a)

a right or interest (however described) in a collective investment scheme (whether or not constituted as an entity), and includes an option to acquire any such right or interest in the collective investment scheme; or

(b)

a contract or arrangement under which —

(i)

a party to the contract or arrangement is required to, or may be required to, discharge its obligations under the contract or arrangement at some future time; and

(ii)

the value of the contract or arrangement, is determined (whether directly or indirectly, or whether wholly or in part) by reference to, derived from, or varies by reference to any of the following:

(A)

the value or amount of units of a collective investment scheme;

(B)

fluctuations in the values or amount of units of a collective investment scheme;

Definition

“debenture” has the meaning given by section 2 and, in relation to a business trust, means a debenture issued by the trustee of the business trust in its capacity as trustee of the business trust;

Definition

“financial performance”, in relation to a business trust, means the performance of the business relating to the trust property of the business trust which is managed and operated by the trustee of the business trust;

Definition

“information” includes —

(a)

matters of supposition and other matters that are insufficiently definite to warrant being made known to the public;

(b)

matters relating to the intentions, or the likely intentions, of a person;

(c)

matters relating to negotiations or proposals with respect to —

(i)

commercial dealings; or

(ii)

dealing in capital markets products that are securities, securities‑based derivatives contracts or CIS units;

(iii)

[Deleted by Act 4 of 2017](d)information relating to the financial performance of a corporation or business trust, or otherwise;

(e)

information that —

(i)

a person proposes to enter into, or had previously entered into, one or more transactions or agreements in relation to any securities, securities‑based derivatives contract or CIS unit; or

(ii)

a person has prepared or proposes to issue a statement relating to any securities, securities‑based derivatives contract or CIS unit; and

(f)

matters relating to the future;

Definition

“persons who commonly invest”, in relation to investment in any kind of securities, securities‑based derivatives contracts or CIS units, means a section of the public that is accustomed, or would be likely, to deal in securities, securities‑based derivatives contracts or CIS units, or in a class of securities, securities‑based derivatives contracts or CIS units, of that kind;

Definition

“purchase”, in relation to securities‑based derivatives contracts or CIS units, includes a contract or arrangement under which a party acquires an option or right from another party, acquiring the option or right under the contract, or taking an assignment of the option or right, whether or not on another’s behalf;

Definition

“sell”, in relation to securities‑based derivatives contracts or CIS units, includes a contract or arrangement under which a party acquires an option or right from another party —

(a)

grant or assign the option or right; or

(b)

take, or cause to be taken, such action as releases the option or right,whether or not on another’s behalf;

Definition

“trust property” has the meaning given by section 2 of the Business Trusts Act 2004.

Amended by2/20094/2017

(2)

In this Division —

(a)

a reference to a securities‑based derivatives contract of a corporation in sections 213(a)(i) and (b)(i) and 218 is a reference to a securities‑based derivatives contract of which the underlying thing, or any of the underlying things, is a security of that corporation; and

(b)

a reference to a securities‑based derivatives contract of a business trust in sections 213(a)(ii) and (b)(ii) and 218 is a reference to a securities‑based derivatives contract of which the underlying thing, or any of the underlying things, is a security of that business trust.

Amended by4/2017
Section 214 — Securities and Futures Act 2001 | laws.sg