Securities and Futures Act 2001 · 2020 Revised Edition · Part 10 · Assistance to Foreign Regulatory Authorities
169. Interpretation of this Part
Feedback & supportLast amended by an amending law of 2017. 2 amendments in all.
In this Part, unless the context otherwise requires —“enforce” means enforce through criminal, civil or administrative proceedings;“enforcement” means the taking of any action to enforce a law or regulatory requirement against a specified person, being a law or regulatory requirement that relates to the securities and derivatives industry of, or financial benchmarks in, the foreign country of the regulatory authority concerned;“foreign country” means a country or territory other than Singapore;“investigation” means an investigation to determine if a specified person has contravened or is contravening a law or regulatory requirement, being a law or regulatory requirement that relates to the securities and derivatives industry of, or financial benchmarks in, the foreign country of the regulatory authority concerned;“material” includes any information, book, document or other record in any form whatsoever, and any container or article relating thereto;“regulatory authority”, in relation to a foreign country, means an authority of the foreign country exercising any function that corresponds to a regulatory function of the Authority under this Act;“supervision”, in relation to a regulatory authority, means the taking of any action for or in connection with the supervision of —
securities
“securities” means —(a)shares, units in a business trust or any instrument conferring or representing a legal or beneficial ownership interest in a corporation, partnership or limited liability partnership;(b)debentures; or(c)any other product or class of products as may be prescribed,but does not include —(d)any unit of a collective investment scheme;(e)any bill of exchange;(f)any certificate of deposit issued by a bank or finance company, whether situated in Singapore or elsewhere; or(g)such other product or class of products as may be prescribed;
a person operating an organised market, an intermediary or any other person regulated by the regulatory authority;
organised market
“organised market” has the meaning given in the First Schedule;
the issuance of or trading in capital markets products in the foreign country of the regulatory authority; or
capital markets products
“capital markets products” means any securities, units in a collective investment scheme, derivatives contracts, spot foreign exchange contracts for the purposes of leveraged foreign exchange trading, and such other products as the Authority may prescribe as capital markets products;
a person administering a financial benchmark, or providing information in relation to a financial benchmark, in the foreign country of the regulatory authority.
administering a financial benchmark
“administering a financial benchmark” means —(a)controlling the development of the definition of a financial benchmark for the purpose of determining a financial benchmark;(b)controlling the development of the methodology of determining a financial benchmark;(c)controlling the review of the definition of a financial benchmark for the purpose of determining a financial benchmark;(d)controlling the review of the methodology of determining a financial benchmark;(e)managing any arrangements, processes or mechanisms for the purpose of determining a financial benchmark;(f)collecting, analysing or processing any information or expression of opinion for the purpose of determining a financial benchmark;(g)applying a formula or other methods of calculation to information or expressions of opinion in order to determine a financial benchmark; or(h)monitoring and conducting surveillance of any information or expressions of opinion provided for the purpose of determining a financial benchmark,but does not include providing information in relation to a financial benchmark or any act that is necessary or incidental to providing such information;
“enforce” means enforce through criminal, civil or administrative proceedings;
“enforcement” means the taking of any action to enforce a law or regulatory requirement against a specified person, being a law or regulatory requirement that relates to the securities and derivatives industry of, or financial benchmarks in, the foreign country of the regulatory authority concerned;
“foreign country” means a country or territory other than Singapore;
“investigation” means an investigation to determine if a specified person has contravened or is contravening a law or regulatory requirement, being a law or regulatory requirement that relates to the securities and derivatives industry of, or financial benchmarks in, the foreign country of the regulatory authority concerned;
“material” includes any information, book, document or other record in any form whatsoever, and any container or article relating thereto;
book
“book” includes any record, register, document or other record of information, and any account or accounting record, however compiled, recorded or stored, whether in written or printed form or on microfilm or in any other electronic form or otherwise;
“regulatory authority”, in relation to a foreign country, means an authority of the foreign country exercising any function that corresponds to a regulatory function of the Authority under this Act;
“supervision”, in relation to a regulatory authority, means the taking of any action for or in connection with the supervision of —
a person operating an organised market, an intermediary or any other person regulated by the regulatory authority;
the issuance of or trading in capital markets products in the foreign country of the regulatory authority; or
a person administering a financial benchmark, or providing information in relation to a financial benchmark, in the foreign country of the regulatory authority.
providing information in relation to a financial benchmark
“providing information in relation to a financial benchmark” means providing any information or expression of opinion —(a)to, or for the purpose of passing the information or expression of opinion on to, a person (A) administering a financial benchmark; and(b)that enables A to determine that financial benchmark;