Singapore legislation

Section 235

of Securities and Futures Act 2001

Section 235

Action under section 234 not to commence, etc., in certain situations

(1)

Except with the leave of court, no action under section 234 may be brought against the contravening person in respect of a contravention of any of the provisions in this Part which resulted in the contravening person gaining a profit or avoiding a loss after the commencement of —

(a)

criminal proceedings under this Part against the contravening person for the same contravention; or

(b)

an action under section 232 against the contravening person for the same contravention.

(2)

Any action under section 234 against the contravening person in respect of a contravention of any of the provisions in this Part which resulted in the contravening person gaining a profit or avoiding a loss, being an action that is pending on the date of commencement of —

(a)

criminal proceedings under this Part against the contravening person for the same contravention; or

(b)

an action under section 232 against the contravening person for the same contravention,must be stayed, and may not thereafter be continued except with the leave of court.

(3)

Leave under subsection (1) or (2) may not be granted if a date has been fixed by a court under section 236(1) for the filing of claims, and in that event the claimant to the proposed action or the action that has been stayed (as the case may be) must comply with such directions relating to the filing and proof of the claimant’s claim under section 236 as that court may issue in the claimant’s case.