Singapore legislation

Clause 17

of Financial Advisers (Amendment) Bill

Clause 17

Amendment of section 56

Section 56 of the principal Act is amended —

(a)

by deleting subsection (1) and substituting the following subsections:“(1) No licensed financial adviser shall appoint a person as —

(a)

its chief executive officer;

(b)

its director where, upon appointment, the person resides or is to reside in Singapore, whether or not he is directly responsible for its business in Singapore or any part thereof; or

(c)

its director where, upon appointment, the person is directly responsible for its business in Singapore or any part thereof, whether he resides or is to reside in Singapore or elsewhere,unless it has obtained the approval of the Authority.(1A) Where a licensed financial adviser has obtained the approval of the Authority to appoint a person as its chief executive officer or director under subsection (1), the person may be re-appointed as chief executive officer or director, as the case may be, of the licensed financial adviser immediately upon the expiry of the earlier term without the approval of the Authority.”; and

(b)

by deleting subsection (4) and substituting the following subsection:“(4) The Authority may refuse an application for approval under subsection (1) on any of the following grounds without giving the licensed financial adviser an opportunity to be heard:

(a)

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

(b)

a prohibition order under section 59 has been made by the Authority, and remains in force, against the person;

(c)

the person has been convicted, whether in Singapore or elsewhere, of an offence —

(i)

involving fraud or dishonesty or the conviction for which involved a finding that he had acted fraudulently or dishonestly; and

(ii)

punishable with imprisonment for a term of 3 months or more.”.