Singapore legislation

Clause 26

of Financial Advisers (Amendment) Bill

Clause 26

Amendment of section 97

Section 97(2) of the principal Act is amended —

(a)

by deleting the word “or” at the end of paragraph (a)(ii) and (iii) of the definition of “misconduct”;

(b)

by inserting, immediately after sub-paragraph (ii) of paragraph (a) of the definition of “misconduct”, the following sub-paragraph:“(iia)any written direction made by the Authority under this Act; or”;

(c)

by deleting paragraph (b) of the definition of “misconduct” and substituting the following paragraphs:“(b)the failure by an officer of a licensed financial adviser or an exempt financial adviser to discharge any duty or function of his office; or

(c)

the commission of an offence under section 83 or 84(1);”;

(d)

by inserting, immediately after the definition of “misconduct”, the following definitions:“ “officer” —

(a)

in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, and includes a person purporting to act in any such capacity; or (b)in relation to an unincorporated association (other than a partnership), means the president, the secretary, or a member of the committee of the association or a person holding a position analogous to that of president, secretary or member of a committee, and includes a person purporting to act in any such capacity;“partner” includes a person purporting to act as a partner;”; and

(e)

by inserting, immediately after the word “officer” in the definition of “relevant person” in subsection (2), the words “or partner”.

Clause 26 — Financial Advisers (Amendment) Bill | laws.sg