Schedule “THE SCHEDULE

in respect of section 12(1), a person who carries on the purchase or sale of commodities in a market that is not a commodity market or Commodity Futures Exchange, where such transaction is made with another person in the ordinary course of business and —

it is not intended for resale other than in the ordinary course of business of wholesale or retail; or

where there is physical delivery of such commodities from seller to buyer;

in respect of sections 12(1) and 13(1)(f) to (j), a person who carries on the business of trading in commodity contracts only with accredited investors and not with any other person;

in respect of sections 12(1) and 13(1)(f) to (j), a bank licensed under the Banking Act (Cap. 19) or a merchant bank approved under the Monetary Authority of Singapore Act (Cap. 186);

in respect of sections 12(1) and 13(1)(f) to (j), a person prescribed by the Monetary Authority of Singapore under the definition of “futures trading adviser” in section 2 of the Futures Trading Act (Cap. 116);

in respect of sections 12(1) (only to the extent that the section applies to commodity brokers) and 13(1)(f) to (j), a person who is a Finance and Treasury Centre, an approved oil trading company or an approved international commodity trading company, within the meaning of the Income Tax Act (Cap. 134); and

in respect of section 13A, a person who carries on spot commodity trading on his own account and does not solicit any funds from any member of the public or any section of the public in connection with the carrying out of any spot commodity trading.

an individual whose net personal assets exceed $5 million or its equivalent in value in foreign currencies; or

a corporation with net assets exceeding $10 million in value or its equivalent in value in foreign currencies as determined in accordance with the most recent audited balance-sheet of the corporation.”.