Singapore legislation

Clause 7

of Business Trusts (Amendment) Bill

Clause 7

Amendment of section 13

Section 13 of the principal Act is amended —

(a)

by inserting, immediately after subsection (1), the following subsection:“(1A) The trustee‑manager of a registered business trust must keep a register showing with respect to each chief executive officer of the trustee‑manager particulars of —

(a)

units or derivatives of units in the registered business trust, being units or derivatives in which the chief executive officer has an interest and the nature and extent of that interest; and

(b)

debentures of the registered business trust in which the chief executive officer has an interest and the nature and extent of that interest.”;

(b)

by deleting the words “its director” in subsection (2) and substituting the words “a director or chief executive officer”;

(c)

by deleting the words “the particulars in subsection (1)” in subsection (2) and substituting the words “or chief executive officer (as the case may be) the particulars in subsection (1) or (1A) (as the case may be)”;

(d)

by inserting, immediately after the word “director” in subsection (2)(a) and (b), the words “or chief executive officer (as the case may be)”;

(e)

by deleting the words “referred to” in subsection (2)(c) and substituting the word “mentioned”;

(f)

by inserting, immediately after subsection (2), the following subsections:“(2A) Subsection (2) does not apply to a trustee‑manager of a registered business trust in relation to any notice received by the trustee‑manager before the appointed day, from a person in the person’s capacity as a chief executive officer, under section 137N(1) of the Securities and Futures Act 2001.(2B) Where —

(a)

before the appointed day, the trustee‑manager of a registered business trust had received any notice under section 137N(1) of the Securities and Futures Act 2001 from a person in the person’s capacity as a chief executive officer; and

(b)

on the appointed day, the person is a chief executive officer of the trustee‑manager,the trustee‑manager must enter in its register in relation to the chief executive officer, within 14 days after the appointed day —

(c)

the particulars of units or derivatives of units in the registered business trust and debentures of the registered business trust, in which the chief executive officer has an interest immediately prior to the appointed day; and

(d)

the nature and extent of that interest, including the number and description of the units or derivatives of units in the registered business trust and debentures of the registered business trust.”;

(g)

by deleting the words “subsection (1) or (2)” in subsection (7) and substituting the words “subsection (1), (1A), (2) or (2B)”;

(h)

by inserting, immediately after the word “director” wherever it appears in subsection (7), the words “or chief executive officer”;

(i)

by deleting the words “subsection (9), a director” in subsection (8) and substituting the words “subsections (9), (9A) and (9B), every director and chief executive officer”;

(j)

by deleting the words “subsections (1) and (2)” in subsection (8) and substituting the words “subsections (1), (1A) and (2)”;

(k)

by deleting paragraph (a) of subsection (9) and substituting the following paragraph:“(a)in the case of a notice under paragraph (a) of that subsection, within 2 business days after the later of the following dates:

(i)

the date on which the director became a director of the trustee‑manager of a registered business trust or the chief executive officer became a chief executive officer of the trustee‑manager, as the case may be;

(ii)

the date on which the director or chief executive officer (as the case may be) became a unitholder of the registered business trust or acquired an interest in the units or derivatives of units in the registered business trust or debentures of the registered business trust; and”;

(l)

by inserting, immediately after subsection (9), the following subsections:“(9A) Subsection (9) does not apply to a chief executive officer of the trustee‑manager of a registered business trust in respect of —

(a)

any acquisition of a unit in the registered business trust, or an interest in a unit or derivative of a unit in the registered business trust or a debenture of the registered business trust, that takes place before the appointed day; and

(b)

any change in respect of the particulars mentioned in subsection (8)(a), where the event giving rise to the change takes place before the appointed day.(9B) Where —

(a)

before the appointed day, a chief executive officer of the trustee‑manager of a registered business trust had become a unitholder of the registered business trust or acquired an interest in the units or derivatives of units in the registered business trust or debentures of the registered business trust; and

(b)

on the appointed day, the chief executive officer continues to hold such units or interests,a notice under subsection (8)(a) must be given within 14 days after the appointed day, unless such notice had been given before that day.”;

(m)

by inserting, immediately after the words “other directors” in subsection (10), the words “and chief executive officers”;

(n)

by deleting the words “or with subsection (9)” in subsection (11) and substituting the words “, (9) or (9B)”;

(o)

by deleting subsection (13);

(p)

by inserting, immediately after the words “a director” in subsection (14), the words “or chief executive officer”;

(q)

by inserting, immediately after the words “that director” in subsection (14), the words “or chief executive officer (as the case may be)”;

(r)

by deleting subsection (15) and substituting the following subsection:“(15) For the purposes of this section —

(a)

an interest of a member of a director’s family is treated as an interest of the director and the words “member of a director’s family” include the director’s spouse, son, adopted son, stepson, daughter, adopted daughter and stepdaughter; and

(b)

an interest of a member of a chief executive officer’s family is treated as an interest of the chief executive officer and the words “member of the chief executive officer’s family” include the chief executive officer’s spouse, son, adopted son, stepson, daughter, adopted daughter and stepdaughter.”;

(s)

by inserting, immediately after the words “Any director” in subsection (16), the words “or chief executive officer”;

(t)

by deleting the words “or (13)” in subsection (16);

(u)

by deleting the words “subsection (1), (2), (3), (4), (5), (6) or (10)” in subsection (17) and substituting the words “subsection (1), (1A), (2), (2B), (3), (4), (5), (6) or (10)”;

(v)

by inserting, immediately after subsection (18), the following subsection:“(19) In this section, “appointed day” means the date of commencement of section 7 of the Business Trusts (Amendment) Act 2022.”; and

(w)

by deleting the section heading and substituting the following section heading:“Disclosure and register of directors’ and chief executive officer’s interests”.