Singapore legislation

Clause 2

of Financial Advisers Bill

Clause 2

Interpretation

(1)

In this Act, unless the context otherwise requires —

Definition

“advocate and solicitor” means an advocate and solicitor of the Supreme Court or a foreign lawyer as defined in section 130A of the Legal Profession Act (Cap. 161);

Definition

“appointed day” means the date of commencement of this Act;

Definition

“Authority” means the Monetary Authority of Singapore established under the Monetary Authority of Singapore Act (Cap. 186);

Definition

“book” includes any record, register, document or other record of information and any account or accounting record, however compiled, recorded or stored, whether in written or printed form or on microfilm or by electronic process or otherwise;

Definition

“collective investment scheme” has the same meaning as in section 2(1) of the Securities and Futures Act 2001;

Definition

“company” has the same meaning as in section 4(1) of the Companies Act (Cap. 50);

Definition

“connected person”, in relation to —

(a)

an individual, means —

(i)

the individual’s spouse, son, adopted son, step-son, daughter, adopted daughter, step-daughter, father, step-father, mother, step-mother, brother, step-brother, sister or step-sister; and

(ii)

a firm or a corporation in which the individual or any of the persons mentioned in sub-paragraph (i) has control of not less than 20% of the voting power in the firm or corporation, whether such control is exercised individually or jointly; and

(b)

a firm or a corporation, means another firm or corporation in which the first-mentioned firm or corporation has control of not less than 20% of the voting power in that other firm or corporation,and a reference in this Act to a person connected to another person shall be construed accordingly;

Definition

“corporation” has the same meaning as in section 4(1) of the Companies Act (Cap. 50);

Definition

“dealing in securities” has the same meaning as in section 2(1) of the Securities and Futures Act 2001;

Definition

“director” has the same meaning as in section 4(1) of the Companies Act;

Definition

“exempt financial adviser” means a financial adviser which is exempt under section 23(1) or (2) from holding a financial adviser’s licence;

Definition

“financial year” has the same meaning as in section 4(1) of the Companies Act;

Definition

“financial adviser” means a person who carries on a business of providing any financial advisory service, but does not include any person specified in the First Schedule;

Definition

“financial advisory service” means all or any of the services specified in the Second Schedule;

Definition

“financial adviser’s licence” means a licence granted or renewed under section 13 in respect of a financial adviser, and “licensed financial adviser” shall be construed accordingly;

Definition

“firm” has the same meaning as in section 2(1) of the Business Registration Act (Cap. 32);

Definition

“futures contract” has the same meaning as in section 2(1) of the Securities and Futures Act 2001;

Definition

“futures exchange” means a corporation that is approved by the Authority under section 9 of the Securities and Futures Act 2001 as a futures exchange;

Definition

“investment product” means —

(a)

any capital markets product as defined in section 2(1) of the Securities and Futures Act 2001;

(b)

any life policy; or

(c)

any other product as may be prescribed;

Definition

“leveraged foreign exchange trading” has the same meaning as in section 2(1) of the Securities and Futures Act 2001;

Definition

“licence” means a financial adviser’s licence or representative’s licence, and “licensee” shall be construed accordingly;

Definition

“life policy” has the same meaning as in the First Schedule to the Insurance Act (Cap. 142);

Definition

“newspaper” has the same meaning as in section 2 of the Newspaper and Printing Presses Act (Cap. 206);

Definition

“officer” has the same meaning as in section 4(1) of the Companies Act (Cap. 50);

Definition

“prescribed written law” means this Act, or any of the following written laws and any subsidiary legislation made thereunder: (a)Banking Act (Cap. 19);

(b)

Finance Companies Act (Cap. 108);

(c)

Insurance Act;

(d)

Monetary Authority of Singapore Act (Cap. 186);

(e)

Money-changing and Remittance Businesses Act (Cap. 187);

(f)

Securities and Futures Act 2001; or

(g)

such other written law as the Authority may prescribe;

Definition

“recognised trading system provider” means a person who is recognised by the Authority under section 36 of the Securities and Futures Act 2001 as a recognised trading system provider;

Definition

“registered insurer” means an insurer who is for the time being registered under section 8 of the Insurance Act;

Definition

“related corporation” has the same meaning as in section 4(1) of the Companies Act;

Definition

“representative” means an individual, in the direct employment of or acting for or by arrangement with a financial adviser, who performs for the financial adviser any of the functions of a financial adviser (other than work ordinarily performed by accountants, clerks or cashiers), whether his remuneration (if any) is by way of salary, wages, commission or otherwise, and includes an officer of the financial adviser who performs for the financial adviser any of those functions, whether or not his remuneration is as aforesaid;

Definition

“representative’s licence” means a licence granted or renewed under section 13 in respect of a representative, and “licensed representative” shall be construed accordingly;

Definition

“securities” has the same meaning as in section 2(1) of the Securities and Futures Act 2001;

Definition

“securities exchange” means a corporation that is approved by the Authority under section 9 of the Securities and Futures Act 2001 as a securities exchange;

Definition

“share” has the same meaning as in section 4(1) of the Companies Act (Cap. 50);

Definition

“substantial shareholder” has the same meaning as in Division 4 of Part IV of the Companies Act;

Definition

“trading in futures contracts” has the same meaning as in section 2(1) of the Securities and Futures Act 2001;

Definition

“voting share” has the same meaning as in section 4(1) of the Companies Act;

Definition

“written direction” means a written direction issued under section 58.

(2)

The definitions in the First Schedule to the Insurance Act (Cap. 142) shall have effect for the construction of references to life policies in this Act.