Singapore legislation

Clause 19

of Financial Advisers Bill

Clause 19

Lapsing, revocation, suspension and expiry of licence

(1)

A licence shall lapse —

(a)

in the case of a licensed financial adviser, if it is wound up or otherwise dissolved, whether in Singapore or elsewhere; (b)in the case of a licensed representative, if he dies or becomes mentally incapacitated; or

(c)

in the event of such other occurrence or in such other circumstances as may be prescribed.

(2)

The Authority may revoke a licence —

(a)

in the case of a licensed financial adviser, if —

(i)

there exists a ground on which the Authority may refuse an application under section 9(1);

(ii)

the financial adviser has contravened any provision of this Act, or any condition or restriction imposed or any written direction given by the Authority under this Act;

(iii)

it appears to the Authority that the financial adviser has failed to satisfy any of its obligations under or arising from this Act;

(iv)

it appears to the Authority that the financial adviser is carrying on its business in a manner likely to be detrimental to its clients; or

(v)

the financial adviser fails or ceases to carry on the business for which it was licensed; or

(b)

in the case of a licensed representative, if —

(i)

there exists a ground on which the Authority may refuse an application under section 11(1);

(ii)

the representative has contravened any provision of this Act, or any condition or restriction imposed or any written direction given by the Authority under this Act;

(iii)

it appears to the Authority that the representative has failed to satisfy any of his obligations under or arising from this Act;

(iv)

it appears to the Authority that the representative is performing his functions in a manner likely to be detrimental to the clients of the financial adviser of which he is a representative; (v)the representative fails or ceases to perform the functions for which he was licensed; or

(vi)

the licence of the financial adviser of which he is a representative is revoked.

(3)

The Authority may, if it considers it desirable to do so —

(a)

suspend a licence for a specific period instead of revoking it under subsection (2); and

(b)

at any time extend the period of, or remove, the suspension.

(4)

Subject to subsection (5), the Authority shall not revoke or suspend a licence under subsection (2) or (3), respectively, without giving the licensee an opportunity to be heard.

(5)

The Authority may revoke or suspend a licence under subsection (2) or (3), respectively, on any of the following grounds without giving the licensee an opportunity to be heard:

(a)

in the case of a licensed financial adviser —

(i)

the licensee or any of its substantial shareholders is in the course of being wound up or otherwise dissolved, whether in Singapore or elsewhere;

(ii)

a receiver, receiver and manager, judicial manager, or such other person having the powers and duties of a receiver, receiver and manager or judicial manager, has been appointed, whether in Singapore or elsewhere, in relation to, or in respect of any property of, the licensee or any of its substantial shareholders;

(iii)

the licensee or any of its substantial shareholders has, whether in Singapore or elsewhere, entered into a compromise or scheme of arrangement with its creditors, being a compromise or scheme of arrangement that is still in operation;

(iv)

execution against the licensee or any of its substantial shareholders in respect of a judgment debt has been returned unsatisfied in whole or in part; (v)the licensee or any of its substantial shareholders or officers has been convicted, whether in Singapore or elsewhere, of an offence involving fraud or dishonesty or the conviction for which involved a finding that it or he acted fraudulently or dishonestly; or

(b)

in the case of a representative’s licence —

(i)

the representative is an undischarged bankrupt, whether in Singapore or elsewhere;

(ii)

the representative has, whether in Singapore or elsewhere, entered into a compromise or scheme of arrangement with his creditors, being a compromise or scheme of arrangement that is still in operation;

(iii)

execution against the representative in respect of a judgment debt has been returned unsatisfied in whole or in part; (iv)the representative has been convicted, whether in Singapore or elsewhere, of an offence involving fraud or dishonesty or the conviction for which involved a finding that he acted fraudulently or dishonestly.

(6)

A person whose licence is revoked or suspended shall cease to act as a financial adviser or representative, as the case may be, from the date on which the revocation or suspension takes effect.

(7)

A financial adviser whose licence is revoked or suspended shall immediately inform all of its representatives, in writing, of such revocation or suspension.

(8)

Every representative who has been informed of the revocation or suspension of the licence of the financial adviser of which he is a representative shall —

(a)

in the case of revocation, immediately cease to act as a representative of the financial adviser; or

(b)

in the case of suspension, immediately cease to act as a representative of the financial adviser during the period of the suspension.

(9)

Any lapsing, revocation, suspension or expiry of a licence shall not operate so as to —

(a)

avoid or affect any agreement, transaction or arrangement, relating to any investment product, entered into by the licensee, whether the agreement, transaction or arrangement was entered into before or after the lapsing, revocation, suspension or expiry of the licence; or

(b)

affect any right, obligation or liability arising under any agreement, transaction or arrangement referred to in paragraph (a).

(10)

Any person who continues to act as a financial adviser in contravention of subsection (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $150,000 and, in the case of a continuing offence, to a further fine not exceeding $15,000 for every day or part thereof during which the offence continues after conviction.

(11)

Any person who continues to act as a representative in contravention of subsection (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $2,500 for every day or part thereof during which the offence continues after conviction.

(12)

Any financial adviser which contravenes subsection (7) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part thereof during which the offence continues after conviction.

(13)

Any representative who contravenes subsection (8) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $2,500 for every day or part thereof during which the offence continues after conviction.