Singapore legislation

Section 123ZZ

of Securities and Futures Act 2001

Section 123ZZ

Power to require maintenance of records and submit periodic reports

Amended by4/20174/20171/20204/2017

(1)

The Authority may, by regulations made under section 123ZZA or by written notice, require any financial institution or class of financial institutions to —

(a)

maintain a record of —

(i)

all transactions undertaken by the financial institution in relation to one or more underlying things that are the subject of a designated benchmark; and

(ii)

all transactions undertaken by the financial institution in relation to financial instruments that use a designated benchmark for reference to determine the price, value, interest payable, sums due or performance of the financial instrument,in such form and manner as the Authority may prescribe in those regulations or specify by written notice, including —

(iii)

the extent to which the record includes details of each transaction or exposure; and

(iv)

the period of time that the record is to be maintained; and

(b)

submit to the Authority such reports in such form, manner and frequency as the Authority may prescribe in those regulations or specify by written notice.

Amended by4/2017

(2)

In this section, “financial institution” means —

(a)

a bank licensed under the Banking Act 1970;

(b)

a merchant bank that is licensed under the Banking Act 1970;

(c)

a finance company licensed under the Finance Companies Act 1967;

(d)

the holder of a capital markets services licence under this Act;

(e)

a licensed financial adviser under the Financial Advisers Act 2001;

(f)

a company or co‑operative society licensed under the Insurance Act 1966 as a direct insurer carrying on life business;

(g)

an insurance intermediary licensed under any written law relating to insurance intermediaries if the intermediary arranges contracts of insurance in respect of life business; or

(h)

such other person or class of persons as may be prescribed by regulations made under section 123ZZA.

Amended by4/20171/2020

(3)

Any person who, without reasonable excuse, contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction.

Amended by4/2017
Section 123ZZ — Securities and Futures Act 2001 | laws.sg