Singapore legislation

Regulation 24B

of Securities and Futures (Financial and Margin Requirements for Holders of Capital Markets Services Licences) Regulations

Regulation 24B

Share financing

Amended byS 668/2018 wef 08/10/2018S 668/2018 wef 08/10/2018S 668/2018 wef 08/10/2018S 668/2018 wef 08/10/2018S 668/2018 wef 08/10/2018S 668/2018 wef 08/10/2018S 192/2013 wef 03/04/2013S 77/2009 wef 01/03/2009

Subregulation 1

Amended byS 668/2018 wef 08/10/2018

Subject to its compliance with the conditions under paragraph (2), the holder of a licence for product financing need not comply with regulation 24 in respect of its provision to a customer of any product financing to facilitate his subscription for or purchase of any shares —

(a)

pursuant to an initial public offer;

(b)

in exercise of an option given under an employee share option scheme; or

(c)

pursuant to a rights issue,where the product financing is provided before the allotment of those shares to the customer (referred to in this regulation as the subject product financing).

Subregulation 2

Amended byS 668/2018 wef 08/10/2018S 668/2018 wef 08/10/2018S 668/2018 wef 08/10/2018S 668/2018 wef 08/10/2018S 668/2018 wef 08/10/2018S 192/2013 wef 03/04/2013S 77/2009 wef 01/03/2009

The holder under paragraph (1) shall —

(a)

take reasonable steps to ensure that the aggregate of —

(i)

the amount of the credit facility, advance or loan provided to the customer under the subject product financing to facilitate his subscription for or purchase of shares in any of the respective circumstances referred to in paragraph (1)(a), (b) or (c); and

(ii)

the amount of every other credit facility, advance or loan under any product financing provided by another financial institution to the customer to facilitate his subscription for or purchase of those shares in the same respective circumstances,together with all discounts, rebates and other benefits given to the customer for his subscription for or purchase of those shares in those same respective circumstances by the holder and other persons, does not exceed 80% of the amount to be paid by the customer for those shares, including obtaining a written declaration from the customer on whether —

(A)

he has received any discount, rebate or other benefit from any person for his subscription for or purchase of those shares in those same respective circumstances, and the amount and other details of each such discount, rebate or benefit; and

(B)

he has been provided with product financing by any other financial institution for his subscription for or purchase of those shares in those same respective circumstances, and the amount of the credit facility, advance or loan and other details of each such financing; and

(b)

ensure that the aggregate of —

(i)

the amount of the credit facility, advance or loan provided under the subject product financing; and

(ii)

the amount of all credit facilities, advances and loans under all subject product financing that it has previously provided to its customers,does not exceed 20% of its free financial resources within the meaning of regulation 24(6).