Singapore legislation

Section 30

of Variable Capital Companies Act 2018

Section 30

Disclosure of sub-fund details

Amended by28/201928/201928/201928/2019

(1)

An umbrella VCC must set out in every agreement, business letter, statement of account, invoice, official notice, publication, bill of exchange, promissory note, indorsement, cheque, order, receipt or letter of credit in which any of its sub‑funds is mentioned, all of the following:

(a)

the name of the sub-fund;

(b)

the registration number of the sub-fund;

(c)

the fact that the assets and liabilities of the sub‑fund are segregated in accordance with section 29.

(2)

Where an umbrella VCC enters into an agreement or issues a business letter, statement of account, invoice, official notice, publication, bill of exchange, promissory note, indorsement, cheque, order, receipt or letter of credit for the purpose of any of its sub‑funds, it must set out in that document the fact that it is acting for the purpose of that sub‑fund as well as the matters specified in subsection (1)(a), (b) and (c).

Amended by28/2019

(3)

Before entering into an oral agreement for the purpose of any of its sub‑funds, an umbrella VCC must disclose to the other party to the agreement all of the following:

(a)

the name of the sub-fund;

(b)

the registration number of the sub-fund;

(c)

the fact that the umbrella VCC is acting for the purpose of the sub‑fund;

(d)

the fact that the assets and liabilities of the sub‑fund are segregated in accordance with section 29.

Amended by28/2019

(4)

An umbrella VCC that fails to comply with subsection (1), (2) or (3) shall be guilty of an offence.

Amended by28/2019

(5)

An officer of an umbrella VCC, or a person acting on his or her behalf, who —

(a)

signs or issues, or authorises to be signed or issued, on behalf of the VCC —

(i)

any document mentioned in subsection (1) in which the information in subsection (1)(a), (b) or (c) is not set out; or

(ii)

any document mentioned in subsection (2) in which the information in that subsection is not set out; or (b)authorises or enters into any agreement for the purpose of a sub‑fund of the VCC without ensuring that the information in subsection (3)(a), (b), (c) and (d) has been disclosed to the other party to the agreement,shall be guilty of an offence and, if the document mentioned in paragraph (a) is a bill of exchange, promissory note, indorsement, cheque or order, be liable to the holder of it for the amount due on it, unless that liability has been discharged by the VCC.

Amended by28/2019