Singapore legislation

Section 334

of Securities and Futures Act 2001

Section 334

Power of Authority to reprimand for misconduct

Amended by2/200934/20124/2017

(1)

Where the Authority is satisfied that a relevant person is guilty of misconduct, the Authority may, if it thinks it necessary in the interests of the public or a section of the public or for the protection of investors, reprimand the relevant person.

(2)

In this section —

Amended by2/200934/20124/2017

Definition

“misconduct” means —

(a)

the contravention of —

(i)

any provision of this Act;

(ii)

any condition or restriction imposed under this Act;

(iia)any direction made by the Authority under this Act;

(iii)

any code, guideline, policy statement or practice note issued under section 321; or

(iv)

any business rules of an approved exchange, a licensed trade repository or an approved clearing house, or the listing rules of an approved exchange;

(b)

the failure by an officer of a relevant person to discharge any duty or function of his or her office; or

(c)

the commission of an offence under section 331 or 332(1);

Definition

“officer” —

(a)

in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, and includes a person purporting to act in any such capacity; or

(b)

in relation to an unincorporated association (other than a partnership), means the president, the secretary, or a member of the committee of the association or a person holding a position analogous to that of president, secretary or member of a committee, and includes a person purporting to act in any such capacity;

Definition

“partner” includes a person purporting to act as a partner;

Definition

“relevant person” means —

(a)

an approved exchange;

(b)

a recognised market operator;

(c)

a licensed trade repository;

(d)

a licensed foreign trade repository;

(e)

an approved clearing house;

(f)

a recognised clearing house;

(g)

an approved holding company;

(h)

a holder of a capital markets services licence to carry on business in any regulated activity;

(i)

an exempt person;

(j)

an approved trustee mentioned in section 289;

(k)

an authorised benchmark administrator;

(l)

an exempt benchmark administrator;

(m)

an authorised benchmark submitter;

(n)

an exempt benchmark submitter;

(o)

a designated benchmark submitter; or

(p)

any employee, officer, partner or representative of any person mentioned in paragraphs (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), (m), (n) and (o).

Amended by2/200934/20124/2017
Section 334 — Securities and Futures Act 2001 | laws.sg