Singapore legislation

Clause 93

of Securities and Futures (Amendment No. 2) Bill

Clause 93

Amendment of section 297

Section 297 of the principal Act is amended —

(a)

by deleting the words “or matter” in subsection (1)(a);

(b)

by deleting the words “the responsible person for the scheme, direct that no or no further units in a collective investment scheme to which the prospectus relates” in the 13th to 15th lines of subsection (1) and substituting the words “the person making the offer of units in a collective investment scheme to which the prospectus relates, direct that no or no further units in the scheme”;

(c)

by deleting the words “or matter” in subsection (2)(a);

(d)

by deleting the words “the responsible person for the scheme, direct that no or no further units in a collective investment scheme to which the profile statement relates” in the 13th to 15th lines of subsection (2) and substituting the words “the person making the offer of units in a collective investment scheme to which the profile statement relates, direct that no or no further units in the scheme”;

(e)

by inserting, immediately after subsection (2), the following subsection:“(2A) Notwithstanding subsections (1) and (2), the Authority shall not serve a stop order if any of the units in a collective investment scheme to which the prospectus or profile statement relates has been issued or sold, and listed for quotation on a securities exchange and trading in them has commenced.”;

(f)

by deleting the words “the responsible person who lodged the prospectus or profile statement” in the 2nd and 3rd lines of subsection (3) and substituting the words “the person making the offer of units in the collective investment scheme”;

(g)

by deleting paragraphs (a) and (b) of subsection (3) and substituting the following paragraphs:“(a)the person making the offer (being an entity), the responsible person or the collective investment scheme itself, is in the course of being wound up or otherwise dissolved, whether in Singapore or elsewhere;

(b)

the person making the offer (being an individual) is an undischarged bankrupt, whether in Singapore or elsewhere;

(c)

a receiver, a receiver and manager or an equivalent person has been appointed, whether in Singapore or elsewhere, in relation to or in respect of any property of the person making the offer (being an entity), the responsible person or the collective investment scheme.”;

(h)

by deleting sub-paragraph (i) of subsection (4)(a) and substituting the following sub-paragraph:“(i)where units in the scheme have not been issued to the applicants, the applications shall be deemed to have been withdrawn and cancelled; or”;

(i)

by deleting the words “the responsible person” in the 9th line of subsection (4)(a) and substituting the words “the person making the offer of units in the scheme”;

(j)

by deleting the words “the responsible person” in the 12th and 13th lines of subsection (4)(a) and substituting the words “that person”;

(k)

by deleting the words “the responsible person for the scheme as it deems fit, including a direction that the responsible person provide the applicants with an option, on such terms as the Authority may approve, to obtain from the responsible person a refund” in subsection (4)(b) and substituting the words “the person making the offer of units in the scheme as it deems fit, including a direction that the person provide the applicants with an option, on such terms as the Authority may approve, to obtain from that person a refund”;

(l)

by deleting the words “the responsible person” in the 2nd line of subsection (5) and substituting the words “the person making the offer of units in the scheme”;

(m)

by deleting the words “the responsible person who lodged the prospectus or profile statement” in subsection (7) and substituting the words “the person making the offer of units in the collective investment scheme”;

(n)

by deleting the words “Any responsible person for a collective investment scheme” in subsection (11) and substituting the words “Any person”; and

(o)

by inserting, immediately after subsection (11), the following subsection:“(12) For the purposes of subsections (1)(a) and (2)(a), any reference to a statement shall include a reference to any information presented, regardless of whether such information is in text or otherwise.”.