Singapore legislation
Section 249A
Section 249A
Consent of issue manager and underwriter to being named in prospectus or profile statement
(1)
Where an offer of securities or securities‑based derivatives contracts is made in or accompanied by a prospectus or profile statement in which a person is named as the issue manager to the offer, the prospectus or profile statement must not be issued unless —
the person has given, and has not before the registration of the prospectus or profile statement (as the case may be) withdrawn the person’s written consent to being named in the prospectus or profile statement as issue manager to that offer; and
there appears in the prospectus or profile statement (as the case may be) a statement that the person has given and has not withdrawn the person’s consent.
(2)
Where an offer of securities or securities‑based derivatives contracts is made in or accompanied by a prospectus or profile statement in which a person is named as the underwriter (but not a sub‑underwriter) to the offer, the prospectus or profile statement must not be issued unless —
the person has given, and has not before the registration of the prospectus or profile statement (as the case may be) withdrawn the person’s written consent to being named in the prospectus or profile statement as underwriter to that offer; and
there appears in the prospectus or profile statement (as the case may be) a statement that the person has given and has not withdrawn such consent.
(3)
If any prospectus or profile statement is issued in contravention of subsection (1) or (2), the person making the offer and every person who is knowingly a party to the issue thereof shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both 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.
(4)
Every person making the offer must cause a true copy of every written consent referred to in subsections (1) and (2) to be deposited, within 7 days after the registration of the prospectus or profile statement, at the registered office of the issuer in Singapore or, if it has no registered office in Singapore, at the address in Singapore specified in the prospectus for that purpose.
(5)
Every issuer must keep, and make available for inspection by its members and creditors and persons who have subscribed for or purchased the securities or securities‑based derivatives contracts to which the prospectus or profile statement relates, without payment of any fee, a true copy of every written consent deposited in accordance with subsection (4) for a period of at least 6 months after the registration of the prospectus or profile statement.