Singapore legislation

Section 97B

of Securities and Futures Act 2001

Section 97B

Objection to control of holder of capital markets services licence

Amended by2/20092/20092/20092/20092/2009

(1)

The Authority may serve a written notice of objection on —

(a)

any person required to obtain the Authority’s approval or who has obtained the approval under section 97A; or

(b)

any person who, whether before, on or after 26 November 2010, either alone or together with any connected person, holds, directly or indirectly, 20% or more of the issued share capital of the holder of a capital markets services licence or controls, directly or indirectly, 20% or more of the voting power in the holder,if the Authority is satisfied that —

(c)

any condition of approval imposed on the person under section 97A(4) has not been complied with;

(d)

the person is not or ceases to be a fit and proper person to have effective control of the holder of the capital markets services licence;

(e)

having regard to the likely influence of the person, the holder of a capital markets services licence is not able to or is no longer likely to conduct its business prudently or to comply with the provisions of this Act or any direction made thereunder;

(f)

the person does not or ceases to satisfy such criteria as may be prescribed;

(g)

the person has provided false or misleading information or documents in connection with an application under section 97A; or

(h)

the Authority would not have granted its approval under section 97A had it been aware, at that time, of circumstances relevant to the person’s application for such approval.

Amended by2/2009

(2)

The Authority must not serve a notice of objection on any person without giving the person an opportunity to be heard, except in the following circumstances:

(a)

the person is in the course of being wound up or otherwise dissolved or, in the case of an individual, is an undischarged bankrupt whether in Singapore or elsewhere;

(b)

a receiver, a receiver and manager, a judicial manager or an equivalent person has been appointed, whether in Singapore or elsewhere, in relation to or in respect of any property of the person;

(c)

a prohibition order under section 101A has been made by the Authority, and remains in force, against the person;

(d)

the person has been convicted, whether in Singapore or elsewhere, of any offence involving fraud or dishonesty or the conviction for which involved a finding that the person had acted fraudulently or dishonestly.

Amended by2/2009

(3)

The Authority must, in any written notice of objection, specify a reasonable period within which the person to be served the written notice of objection must —

(a)

take such steps as are necessary to ensure that the person ceases to be a party to the arrangement described in section 97A(2) or ceases to have control of a holder of a capital markets services licence in the manner described in subsection (1)(b); or

(b)

comply with such other requirements as the Authority may specify in written directions.

Amended by2/2009

(4)

Any person served with a notice of objection under this section must comply with the notice.

Amended by2/2009

(5)

Any person who contravenes subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $150,000 or to imprisonment for a term not exceeding 3 years or to both.

Amended by2/2009