Singapore legislation

Clause 61

of Securities and Futures (Amendment) Bill

Clause 61

New Subdivision (5) of Division 1 of Part XIII

The principal Act is amended by inserting, immediately after section 282, the following Subdivision:“Subdivision (5) — GeneralPower of Authority to issue directions282AA.—

(1)

The Authority may, where it thinks it necessary or expedient in the interests of the public or a section of the public or for the protection of investors, issue directions, whether of a general or specific nature, by notice in writing —

(a)

to a person making an offer of securities, being an offer made in or accompanied by a prospectus or profile statement or an offer referred to in section 280, on matters in connection with the offer;

(b)

to a person referred to in paragraph (a) who is a borrowing entity, on matters in connection with the requirements and obligations under Subdivision (3) of this Division, in addition to the matters referred to in paragraph (a); or

(c)

to a trustee appointed under section 265A(1).(2) Any person to whom a notice is given under subsection (1) shall comply with every direction contained in the notice.(3) It shall not be necessary to publish any direction issued under subsection (1) in the Gazette.(4) Any person who contravenes a direction issued to him under subsection (1) 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.(5) No criminal or civil liability shall be incurred by a trustee appointed under section 265A(1), or by any person acting on behalf of such a trustee, for any thing done (including any statement made) or omitted to be done with reasonable care and in good faith in the course of, or in connection with, the compliance or purported compliance with a direction issued to the trustee under subsection (1).”.