Singapore legislation
Section 309A
Section 309A
Interpretation of this Division
(1)
In this Division, unless the context otherwise requires —
Definition
“issuer” means —
in relation to an offer of units in a collective investment scheme, the responsible person for the collective investment scheme; or
[Deleted by Act 4 of 2017](c)in relation to an offer of any other capital markets products, the entity that issues or will issue the capital markets products being offered;
Definition
“prospectus” means any prospectus, notice, circular, material, advertisement, publication or other document used to make an offer of any capital markets products;
Definition
“relevant person” means —
a holder of a capital markets services licence;
a person who is exempted under section 99(1)(a) or (b) from the requirement to hold a capital markets services licence;
a person licensed under the Financial Advisers Act 2001 in respect of advising on any investment product;
a person who is exempted under section 20(1)(a), (b), (c), (d) or (e) of the Financial Advisers Act 2001 from holding a financial adviser’s licence;
such other person as the Authority may prescribe by regulations made under section 341; or
a representative of any person referred to in paragraph (a), (b), (c), (d) or (e).
(2)
For the purposes of this Part, a person makes an offer of any capital markets products if, and only if, as principal —
the person makes (either personally or by an agent) an offer to any person in Singapore which upon acceptance would give rise to a contract for the issue or sale of those capital markets products by the firstmentioned person or another person with whom the firstmentioned person has made arrangements for that issue or sale; or
the person invites (either personally or by an agent) any person in Singapore to make an offer which upon acceptance would give rise to a contract for the issue or sale of those capital markets products by the firstmentioned person or another person with whom the firstmentioned person has made arrangements for that issue or sale.
(3)
In subsection (2), “sale” includes any disposal for valuable consideration.
(4)
To avoid doubt, the obligations imposed by this Division in relation to any capital markets products are in addition to the obligations imposed under Divisions 1, 2 and 3 in relation to those capital markets products.