Singapore legislation

Clause 116

of Securities and Futures (Amendment) Bill

Clause 116

Amendment of section 236H

Section 236H of the principal Act is amended by deleting subsections (2) and (3) and substituting the following subsection:“(2) If the court is satisfied on a balance of probabilities that the contravening person has contravened a provision in this Part with the consent or connivance of the defendant, or as a result of any neglect on the part of the defendant, the court may make an order against the defendant for the payment of a civil penalty of a sum not less than $50,000 but not exceeding the greater of the following:

(a)

3 times —

(i)

the amount of the profit that the defendant gained as a result of the contravention by the contravening person; or

(ii)

the amount of the loss that the defendant avoided as a result of the contravention by the contravening person;

(b)

$2 million.”.

Clause 116 — Securities and Futures (Amendment) Bill