Singapore legislation

Section 296A

of Securities and Futures Act 2001

Section 296A

Requirement for product highlights sheet, where relevant

Amended by34/201234/20124/201734/201234/201234/201234/201234/201234/201234/201234/2012

(1)

A person must not make an offer of units in a collective investment scheme, being an offer that is made in or accompanied by a prospectus or profile statement that complies with section 296, unless the prospectus or profile statement is accompanied by a product highlights sheet in respect of the offer —

(a)

that complies with such requirements as the Authority may prescribe by regulations made under section 341; and

(b)

a copy of which is lodged with the Authority.

Amended by34/2012

(2)

A person must not publish or disseminate, whether in Singapore or elsewhere, any document relating to any offer or intended offer of units in a collective investment scheme or proposed collective investment scheme, being an offer that is, or an intended offer that will be, made in or accompanied by a prospectus or profile statement that complies with section 296, if the document resembles or may otherwise be confused with a product highlights sheet, unless the person is required to do so —

(a)

under any written law or rule of law, or by any court, in Singapore;

(b)

under the laws and practices of, or by any court in, any foreign jurisdiction; or

(c)

by any listing rules or other requirements of any approved exchange or overseas exchange.

Amended by34/20124/2017

(3)

The Authority may, for public information, publish —

(a)

a product highlights sheet lodged with the Authority under this section; and

(b)

where applicable, the translation thereof in the English language lodged with the Authority under section 318A(1).

Amended by34/2012

(4)

Any person who contravenes subsection (1) or (2) 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.

Amended by34/2012

(5)

Without affecting section 337(1), the Authority may, by regulations made under section 341, exempt any person or class of persons, any prospectus or profile statement, or any units in a collective investment scheme or proposed collective investment scheme, from any provision of this section, subject to such conditions or restrictions as the Authority may prescribe in those regulations.

Amended by34/2012

(6)

Without affecting section 337(3) and (4), the Authority may, by written notice, exempt any person, prospectus or profile statement, or any units in a collective investment scheme or proposed collective investment scheme, from any provision of this section, subject to such conditions or restrictions as the Authority may specify by written notice.

Amended by34/2012

(7)

It is not necessary to publish any exemption granted under subsection (6) in the Gazette.

Amended by34/2012

(8)

Every person who is granted an exemption under subsection (5), or who wishes to rely on an exemption granted under that subsection, must satisfy every condition or restriction imposed under that subsection for the grant of the exemption.

Amended by34/2012

(9)

Every person who is granted an exemption under subsection (6), or who wishes to rely on an exemption granted under that subsection, must, for the duration of the exemption, satisfy every condition or restriction imposed under that subsection for the grant of the exemption.

Amended by34/2012

(10)

Any person who contravenes subsection (8) or (9) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 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.

Amended by34/2012