Singapore legislation

Section 54

of Securities and Futures Act 2001

Section 54

Change in status

Amended by34/201234/201234/201234/201234/201234/201234/201234/2012

(1)

A Singapore corporation which is an approved clearing house or a recognised clearing house may apply to the Authority to change its status in the manner referred to in subsection (5).

Amended by34/2012

(2)

An application under subsection (1) must be —

(a)

made in such form and manner as the Authority may prescribe; and

(b)

accompanied by a non‑refundable prescribed application fee, which must be paid in the manner specified by the Authority.

Amended by34/2012

(3)

The Authority may require an applicant to provide the Authority with such information or documents as the Authority considers necessary in relation to the application.

Amended by34/2012

(4)

The Authority may, on its own initiative, review the status of a Singapore corporation that is an approved clearing house or a recognised clearing house in accordance with the requirements prescribed under section 51(7) and the criteria prescribed under section 52(1).

Amended by34/2012

(5)

Where an application is made by a Singapore corporation under subsection (1), or where a review of the status of a Singapore corporation is conducted by the Authority under subsection (4), the Authority may —

(a)

if the corporation is an approved clearing house, withdraw the approval as such and recognise the corporation as a recognised clearing house under section 51(1)(b);

(b)

if the corporation is a recognised clearing house, withdraw the recognition as such and approve the corporation as an approved clearing house under section 51(1)(a); or

(c)

make no change to the status of the corporation as an approved clearing house or a recognised clearing house.

Amended by34/2012

(6)

Where an application is made under subsection (1), the Authority must not exercise its power under subsection (5)(c) without giving the Singapore corporation an opportunity to be heard.

Amended by34/2012

(7)

Where a review of the status of a Singapore corporation is conducted by the Authority on its own initiative under subsection (4), the Authority must not exercise its powers under subsection (5)(a) or (b) without giving the corporation an opportunity to be heard.

Amended by34/2012

(8)

Any Singapore corporation which is aggrieved by a decision of the Authority made in relation to the corporation after a review under subsection (4) may, within 30 days after the corporation is notified of the decision, appeal to the Minister, whose decision is final.

Amended by34/2012
Section 54 — Securities and Futures Act 2001 | laws.sg