Singapore legislation
Regulation 7
Regulation 7
Annual declaration
Subregulation 1
An approved company or the trustee of an approved trust fund, shall, within 4 months after the end of the basis period of the approved company or the trustee of the approved trust fund (in relation to his income as such trustee) or within such time as the Comptroller or the Monetary Authority of Singapore may specify, submit a declaration to the Monetary Authority of Singapore, in such form as the Comptroller or the Monetary Authority of Singapore may specify, that the following conditions have been met for the basis period:
the conditions subject to which the company or trust fund had been approved as an approved company or trust fund for the purposes of section 13U of the Act; and
the conditions specified in regulation 3(2)(a), (c), (d) and (e).
Subregulation 2
The general partner or, if he is not personally present in Singapore, the attorney, agent, manager or factor of an approved limited partnership shall, within 4 months after the end of the last day of the period to which the account of the limited partnership is made up, or within such time as the Comptroller or the Monetary Authority of Singapore may specify, submit a declaration to the Monetary Authority of Singapore, in such form as the Comptroller or the Monetary Authority of Singapore may specify, that the following conditions have been met for the basis period:
the conditions subject to which the limited partnership had been approved as an approved limited partnership for the purposes of section 13U of the Act; and
the conditions specified in regulation 3(2)(a), (c), (d) and (e).
Subregulation 2A
The persons mentioned in paragraph (2B) must —
within 4 months after the end of the basis period of a person (other than a company) approved as an approved person under section 13U of the Act, an approved partnership (excluding a limited partnership but including a limited liability partnership) or the taxable entity of an approved investment vehicle that is not a legal entity (other than a trust fund); or (b)within any other time specified by the Comptroller or the Monetary Authority of Singapore,submit a declaration to the Monetary Authority of Singapore, in the form specified by the Comptroller or the Monetary Authority of Singapore, that the conditions in paragraph (2C) have been met for the basis period.
Subregulation 2B
For the purposes of paragraph (2A), the persons are —
in the case of a person (other than a company) approved as an approved person under section 13U of the Act — the person;
in the case of an approved partnership (excluding a limited partnership but including a limited liability partnership) — any partner of the partnership or, if no partner is personally present in Singapore, the attorney, agent, manager or factor of the partnership; and
in the case of a taxable entity of an approved investment vehicle that is not a legal entity (other than a trust fund) — the taxable entity.
Subregulation 2C
The conditions in paragraph (2A) are —
the conditions subject to which —
the person (other than a company) was approved as an approved person under section 13U of the Act;
the approved partnership (excluding a limited partnership but including a limited liability partnership) was approved as such for the purposes of section 13U of the Act; or
the approved investment vehicle that is not a legal entity (other than a trust fund) was approved as such for the purposes of section 13U of the Act; and
the conditions specified in regulation 3(2)(a), (c), (d) and (e).
Subregulation 3
A company or the trustee of a trust fund, where the company or trust fund is the approved master fund of —
an approved master-feeder fund structure mentioned in section 13U(1)(b) of the Act;
an approved master-feeder fund-SPV structure mentioned in section 13U(1)(c) of the Act; or
an approved master fund-SPV structure mentioned in section 13U(1)(d) of the Act,must, within 4 months after the end of the basis period of the company or the trustee of the trust fund (in relation to the trustee’s income as such trustee) or within such time as the Comptroller or the Monetary Authority of Singapore may specify, submit a declaration to the Monetary Authority of Singapore, in such form as the Comptroller or the Monetary Authority of Singapore may specify, that the conditions in paragraph (5) have been met for the basis period.
Subregulation 4
The general partner or, if the general partner is not personally present in Singapore, the attorney, agent, manager or factor of a limited partnership that is the approved master fund of —
an approved master-feeder fund structure mentioned in section 13U(1)(b) of the Act;
an approved master-feeder fund-SPV structure mentioned in section 13U(1)(c) of the Act; or
an approved master fund-SPV structure mentioned in section 13U(1)(d) of the Act,must, within 4 months after the end of the period to which the account of the limited partnership is made up, or within such time as the Comptroller or the Monetary Authority of Singapore may specify, submit a declaration to the Monetary Authority of Singapore, in such form as the Comptroller or the Monetary Authority of Singapore may specify, that the conditions in paragraph (5) have been met for the period.
Subregulation 4A
The persons mentioned in paragraph (4B) must —
within 4 months after the end of the basis period of the approved master fund (being a person (other than a company), a partnership (excluding a limited partnership but including a limited liability partnership) or an approved master fund that is not a legal entity) of an approved master-feeder fund structure mentioned in section 13U(1)(b) of the Act; or (b)within any other time specified by the Comptroller or the Monetary Authority of Singapore, submit a declaration to the Monetary Authority of Singapore, in the form specified by the Comptroller or the Monetary Authority of Singapore, that the conditions in paragraph (5) have been met for the basis period.
Subregulation 4B
For the purposes of paragraph (4A), the persons are —
where the approved master fund is a person (other than a company) — the person;
where the approved master fund is a partnership (excluding a limited partnership but including a limited liability partnership) — any partner of the partnership or, if no partner is personally present in Singapore, the attorney, agent, manager or factor of the partnership; and
where the approved master fund is not a legal entity — the taxable entity.
Subregulation 5
For the purposes of paragraphs (3), (4) and (4A), the conditions are as follows:
where the approved master fund is the approved master fund of an approved master-feeder fund structure mentioned in section 13U(1)(b) of the Act —
the conditions subject to which the master-feeder fund structure had been approved for the purposes of section 13U of the Act; and
the conditions specified in regulation 3A(2)(a), (c), (d) and (e);
where the approved master fund is the approved master fund of an approved master-feeder fund-SPV structure mentioned in section 13U(1)(c) of the Act —
the conditions subject to which the master-feeder fund-SPV structure had been approved for the purposes of section 13U of the Act; and
the conditions specified in regulation 3B(2)(a), (b), (d), (e) and (f);
where the approved master fund is the approved master fund of an approved master fund-SPV structure mentioned in section 13U(1)(d) of the Act —
the conditions subject to which the master fund-SPV structure had been approved for the purposes of section 13U of the Act; and
the conditions specified in regulation 3C(2)(a), (b), (d), (e) and (f).