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Singapore legislation

Regulation 7

of Financial Advisers (Transitional and Savings Provisions) Regulations

Regulation 7

Pending applications for registration or licence

Subregulation 1

Subject to paragraph (9), a pending application for —

(a)

the registration of a person as a direct life insurance broker under the IIA; (b)the grant of a futures trading adviser’s licence under the FTA in relation only to one or both of the activities specified in paragraphs (a) and (b) of the definition of “futures trading adviser” in section 2(1) of the FTA; or

(c)

the grant of an investment adviser’s licence under the SIA in relation only to one or both of the activities specified in paragraphs (a) and (b) of the definition of “investment adviser” in section 2(1) of the SIA,that is made before 1st October 2002—

(i)

shall be deemed to be an application for the grant of a financial adviser’s licence under the Act; and

(ii)

shall be subject to the provisions of the Act, except for the requirement to pay an application fee under section 8(1)(c) of the Act.

Subregulation 2

Subject to paragraphs (3) and (10), a pending application for —

(a)

the grant of a futures trading adviser’s representative’s licence under the FTA to act on behalf of a person who holds a futures trading adviser’s licence or has a pending application for a futures trading adviser’s licence under the FTA to conduct only one or both of the activities specified in paragraphs (a) and (b) of the definition of “futures trading adviser” in section 2(1) of the FTA; or

(b)

the grant of an investment representative’s licence under the SIA to act on behalf of a person who holds an investment adviser’s licence or has a pending application for an investment adviser’s licence under the SIA to conduct only one or both of the activities specified in paragraphs (a) and (b) of the definition of “investment adviser” in section 2(1) of the SIA,that is made before 1st October 2002 —

(i)

shall be deemed to be an application for the grant of a representative’s licence under the Act; and

(ii)

shall be subject to the provisions of the Act, except for the requirement to pay an application fee under section 8(1)(c) of the Act.

Subregulation 3

Paragraph (2) shall not apply to a pending application for the grant of a futures trading adviser’s representative’s licence under the FTA or an investment representative’s licence under the SIA, as the case may be, where the applicant has submitted the application before 1st October 2002 —

(a)

to act as a representative for a person who holds a futures trading adviser’s licence under the FTA or an investment adviser’s licence under the SIA, as the case may be, and who is deemed under regulation 3(1) of the Securities and Futures (Capital Markets Services Licence and Representative’s Licence) (Transitional and Savings Provisions) Regulations (Rg 7), to hold a capital markets services licence under the Securities and Futures Act (Cap. 289); or

(b)

to act as a representative for a person whose pending application for a futures trading adviser’s licence under the FTA or an investment adviser’s licence under the SIA, as the case may be, is deemed under regulation 4(1) of the Securities and Futures (Capital Markets Services Licence and Representative’s Licence) (Transitional and Savings Provisions) Regulations to be an application for the grant of a capital markets services licence under the Securities and Futures Act.

Subregulation 4

Where the Authority has by 1st October 2002 so notified a person, in writing, the person’s pending application for the grant of a dealer’s licence under the SIA made before 1st October 2002 shall be deemed to be an application for the grant of a financial adviser’s licence under the Act.

Subregulation 5

Where the pending application referred to in paragraph (4) is made by a person who is, by virtue of regulation 3, 4 or 5, deemed to hold a financial adviser’s licence under the Act, such application shall be deemed to be an application to vary the type of financial advisory service authorised to be provided by his deemed licence under section 16(1) of the Act.

Subregulation 6

Where the Authority has, by 1st October 2002 so notified a person, in writing, the person’s pending application for the grant of a dealer’s representative’s licence under the SIA made before 1st October 2002 shall be deemed to be an application for the grant of a representative’s licence under the Act.

Subregulation 7

Where the pending application referred to in paragraph (6) is made by a person who is, by virtue of regulation 3, 4 or 5, deemed to hold a representative’s licence under the Act, such application shall be deemed to be an application to vary the type of financial advisory service authorised to be provided by his deemed licence under section 16(1) of the Act.

Subregulation 8

Any pending application that is deemed to be an application under the Act by virtue of paragraph (4), (5), (6) or (7) shall be subject to the provisions of the Act, except for the requirement to pay an application fee under section 8(1)(c) or 16(2) of the Act, as the case may be.

Subregulation 9

A pending application for —

(a)

the grant of a futures trading adviser’s licence under the FTA in relation only to one or both of the activities specified in paragraphs (a) and (b) of the definition of “futures trading adviser” in section 2(1) of the FTA; or

(b)

the grant of an investment adviser’s licence under the SIA in relation only to one or both of the activities specified in paragraphs (a) and (b) of the definition of “investment adviser” in section 2(1) of the SIA,made before 1st October 2002 by any person deemed, by virtue of regulation 4 or 5, to hold a financial adviser’s licence under the Act —

(i)

shall be deemed to be an application to vary the type of financial advisory service authorised to be provided by his deemed licence under section 16(1) of the Act; and

(ii)

shall be subject to the provisions of the Act, except for the requirement to pay an application fee under section 16(2) of the Act.

Subregulation 10

A pending application for —

(a)

the grant of a futures trading adviser’s representative’s licence under the FTA to act on behalf of a person who holds a futures trading adviser’s licence or has a pending application for a futures trading adviser’s licence under the FTA to conduct only one or both of the activities specified in paragraphs (a) and (b) of the definition of “futures trading adviser” in section 2(1) of the FTA; or

(b)

the grant of an investment representative’s licence under the SIA to act on behalf of a person who holds an investment adviser’s licence or has a pending application for an investment adviser’s licence under the SIA to conduct only one or both of the activities specified in paragraphs (a) and (b) of the definition of “investment adviser” in section 2(1) of the SIA,made before 1st October 2002 by any person deemed, by virtue of regulation 4 or 5, to hold a representative’s licence under the Act —

(i)

shall be deemed to be an application to vary the type of financial advisory service authorised to be provided by his deemed licence under section 16(1) of the Act; and

(ii)

shall be subject to the provisions of the Act, except for the requirement to pay an application fee under section 16(2) of the Act.

Subregulation 11

Any pending application for registration as an insurance broker (other than as a direct life insurance broker) under the IIA made before 1st October 2002 —

(a)

shall be deemed to be an application for registration as an insurance broker under the Insurance Act (Cap. 142); and

(b)

shall be subject to the provisions of the Insurance Act (Cap. 142).