Singapore legislation

Clause 202

of Securities and Futures (Amendment) Bill

Clause 202

Consequential and related amendments to Financial Advisers Act

The Financial Advisers Act (Cap. 110, 2007 Ed.) is amended —

(a)

by inserting, immediately after the definition of “appointed representative” in section 2(1), the following definition:“ “approved exchange” has the same meaning as in section 2(1) of the Securities and Futures Act (Cap. 289);”;

(b)

by inserting, immediately after the definition of “book” in section 2(1), the following definition:“ “capital markets products” has the same meaning as in section 2(1) of the Securities and Futures Act;”;

(c)

by deleting the definition of “dealing in securities” in section 2(1) and substituting the following definition:“ “dealing in capital markets products” has the same meaning as in section 2(1) of the Securities and Futures Act;”;

(d)

by deleting the word “securities” wherever it appears in the definition of “financial journalist” in section 2(1) and substituting in each case the words “specified products”;

(e)

by deleting the definition of “futures contract” in section 2(1) and substituting the following definition:“ “futures contract” has the same meaning as in section 2(1) of the Securities and Futures Act;”;

(f)

by deleting the definitions of “futures exchange”, “securities exchange” and “trading in futures contracts” in section 2(1);

(g)

by deleting paragraph (a) of the definition of “investment product” in section 2(1) and substituting the following paragraphs:“(a)any capital markets products;

(aa)spot foreign exchange contracts other than for the purposes of leveraged foreign exchange trading;”;

(h)

by inserting, immediately after the definition of “officer” in section 2(1), the following definition:“ “organised market” has the same meaning as in section 2(1) of the Securities and Futures Act;”;

(i)

by inserting, immediately after the definition of “securities” in section 2(1), the following definition:“ “securities-based derivatives contract” has the same meaning as in section 2(1) of the Securities and Futures Act;”;

(j)

by inserting, immediately after the definition of “share” in section 2(1), the following definitions:“ “specified products” means securities, specified securities‑based derivatives contracts or units in a collective investment scheme;“specified securities-based derivatives contract” and “spot foreign exchange contract” have the same meanings as in section 2(1) of the Securities and Futures Act;”;

(k)

by inserting, immediately after the definition of “unit” in section 2(1), the following definition:“ “unit in a collective investment scheme” or “units in a collective investment scheme” has the same meaning as “unit” in section 2(1) of the Securities and Futures Act;”;

(l)

by deleting the words “dealing in securities, trading in futures contracts or leveraged foreign exchange trading,” in section 3(3)(b) and substituting the words “dealing in capital markets products,”;

(m)

by deleting the word “securities” wherever it appears in section 4(1), (2) and (3) and section heading and substituting in each case the words “specified products”;

(n)

by deleting the word “security” wherever it appears in section 4(4), (5), (6)(b) and (c), (7), (8), (9), (10)(a), (b) (where it first appears), (c) and (e) and (11) and substituting in each case the words “specified product”;

(o)

by deleting the words “a securities exchange, a futures exchange” in section 23(1)(ea) and substituting the words “an approved exchange”;

(p)

by deleting the words “a securities market, a futures market” in section 23(1)(ea) and substituting the words “an organised market”;

(q)

by deleting the heading to Division 3 in Part III and substituting the following heading:“Division 3 — Specified Products”;

(r)

by deleting the word “securities” wherever it appears in the following sections and substituting in each case the words “specified products”:Sections 35 and 36(1), (2)(a) and (b), (3)(a) and (b) and (7);

(s)

by deleting the word “securities” in the section heading of section 36 and substituting the words “specified products”;

(t)

by deleting the definition of “relevant day” in section 77 and substituting the following definition:“ “relevant day” means —

(a)

6 March 2000, in relation to any financial advisory service in respect of securities or futures contracts as defined in section 2(1) in force immediately before the date of commencement of section 202 of the Securities and Futures (Amendment) Act 2016;

(b)

1 October 2002, in relation to any financial advisory service in respect of investment products as defined in section 2(1) in force immediately before the date of commencement of section 202 of the Securities and Futures (Amendment) Act 2016 (other than securities or futures contracts mentioned in paragraph (a)); or

(c)

the date of commencement of section 202 of the Securities and Futures (Amendment) Act 2016, in relation to any other financial advisory service;”;

(u)

by deleting the word “securities” in section 99(2)(d) and substituting the words “specified products”;

(v)

by deleting the word “securities” in section 104(2)(l) and substituting the words “specified products”;

(w)

by deleting the word “securities” in section 104(2)(m) and (6) and substituting in each case the words “specified products”;

(x)

by repealing section 104A; and

(y)

by deleting the word “securities” in paragraph 5(b) of the First Schedule and substituting the words “capital markets products”.