Singapore legislation

Section 250

of Securities and Futures Act 2001

Section 250

Duration of validity of prospectus and profile statement

Amended by4/20174/20174/20174/2017

(1)

A person must not make an offer of securities or securities‑based derivatives contracts, or allot, issue or sell any securities or securities‑based derivatives contracts, on the basis of a prospectus or profile statement after the expiration of the period referred to in subsection (3).

Amended by4/2017

(2)

In a case where an entity makes an offer of securities or securities‑based derivatives contracts or where the securities or securities‑based derivatives contracts being offered are those issued by an entity or a proposed entity, an officer or equivalent person or a promoter of the entity or proposed entity must not authorise or permit —

(a)

the offer of those securities or securities‑based derivatives contracts; or

(b)

the allotment, issue or sale of those securities or securities‑based derivatives contracts,on the basis of a prospectus or profile statement after the expiration of the period referred to in subsection (3).

Amended by4/2017

(3)

The period under subsection (1) or (2) is —

(a)

in a case where the securities or securities‑based derivatives contracts are debentures or units of debentures issued under a debenture issuance programme under section 240A, 24 months from the date of registration by the Authority of the base prospectus in relation to such offer, allotment, issue or sale; or

(b)

in any other case, 6 months from the date of registration by the Authority of the prospectus in relation to such offer, allotment, issue or sale.

Amended by4/2017

(4)

If default is made in complying with subsection (1) or (2), the person and, in the case of an entity or a proposed entity, every officer or equivalent person or promoter of the entity or proposed entity 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.

(5)

An allotment, an issue or a sale of securities or securities‑based derivatives contracts that is made in contravention of subsection (1) or (2) is not, by reason only of that fact, voidable or void.

Amended by4/2017
Section 250 — Securities and Futures Act 2001 | laws.sg