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Singapore legislation

Regulation 23

of Banking Regulations

Regulation 23

Prescribed purchase and sale business

Amended byS 18/2009 wef 19/01/2009S 18/2009 wef 19/01/2009S 18/2009 wef 19/01/2009S 325/2006 wef 12/06/2006

Subregulation 1

Amended byS 18/2009 wef 19/01/2009S 18/2009 wef 19/01/2009S 18/2009 wef 19/01/2009

For the purposes of section 30(1)(d) of the Act, and subject to paragraph (2), the business of purchasing and selling assets is prescribed as a business that any bank in Singapore may carry on, or enter into any partnership, joint venture or other arrangement with any person to carry on, if such business is carried on under the following arrangement:

(a)

for the purpose of making funds of a customer available to a bank, the customer appoints the bank or any other person as agent, to purchase on his behalf, an asset for an amount of money (the original price), in circumstances where the asset is existing at the time of the purchase; (b)[Deleted by S 18/2009 wef 19/01/2009](c)the bank purchases the asset from the customer at a price (the marked-up price) that is greater than the original price, and sells the asset or appoints the customer, or any other person as an agent of the bank, to sell the asset on its behalf;

(d)

the bank and customer, respectively, do not derive any gain or suffer any loss from any movement in the market value of the asset other than the difference between the marked-up price and the original price (which represents the profit or return to the customer for making funds available to the bank); and

(e)

the marked-up price or any part thereof is not required to be paid by the bank to the customer until after the date of sale of the asset by the bank.

Subregulation 2

Amended byS 325/2006 wef 12/06/2006

The bank shall notify the Authority of its —

(a)

intention to commence the business referred to in paragraph (1); or

(b)

commencement of such business within 14 days after the commencement of such business.