Singapore legislation

Section 317

of Securities and Futures Act 2001

Section 317

Records

Amended by2/200934/20124/20172/200934/20124/2017

(1)

Without affecting sections 94, 99C, 101A(7) and (8), 123U and 123ZQ, the Authority must keep such records as it considers necessary, in such form as it thinks fit.

Amended by2/200934/20124/2017

(2)

Any person may, on payment of the prescribed fee —

(a)

inspect any records kept by the Authority under section 94, 99C, 123U or 123ZQ, any records kept or published by the Authority under section 101A(7) and (8) or any prospectus or profile statement lodged with the Authority under Part 13; or

(b)

require a copy of or extract from any such record to be given or certified by the Authority.

Amended by2/200934/20124/2017

(3)

A copy of or extract from any record lodged with or kept by the Authority certified to be a true copy or extract by the Authority is in any proceedings admissible as evidence of equal validity as the original record.

(4)

In any legal proceedings a certificate by the Authority that a requirement of this Act specified in the certificate —

(a)

had or had not been complied with at a date or within a period specified in the certificate; or

(b)

had been complied with upon a date specified in the certificate but not before that date,is prima facie evidence of the matters specified in the certificate.

(5)

If the Authority is of the opinion that any record submitted to it —

(a)

contains any matter contrary to law;

(b)

by reason of any omission or misdescription has not been duly completed;

(c)

does not comply with the requirements of this Act; or

(d)

contains any error, alteration or erasure,the Authority may refuse to register or receive the record and request that the record be appropriately amended or completed and resubmitted or that a fresh record be submitted in its place.

(6)

Any party that is aggrieved by the refusal of the Authority to register or receive any record under subsection (5) may, within 30 days after it is notified of the decision of the Authority, appeal to the Minister whose decision is final.

(7)

The Authority may, if it is of the opinion that it is no longer necessary or desirable to retain any record which has been microfilmed or converted to electronic form, destroy such record or otherwise arrange for such record to be disposed of in such manner as the Authority thinks fit.