Singapore legislation
Regulation 12
of Securities and Futures (Licensing and Conduct of Business) Regulations
Regulation 12
Application for appointment of chief executive officer and director
Subregulation 1
For the purposes of section 96(1) of the Act, the holder of a capital markets services licence shall submit to the Authority an application for approval of the appointment of a person (referred to in this regulation as the appointee) as its chief executive officer or director, or to change the nature of the appointment of a person as a director from one that is non-executive to one that is executive, in Form 11.
Subregulation 2
For the purposes of section 96(2) of the Act, the criteria to which the Authority may have regard in determining whether to grant its approval in respect of an application made under paragraph (1) are —
whether the holder has provided the Authority with such information relating to the appointee or director as the Authority may require;
(aa)whether the appointee or director has had a section 101A prohibition order or an FSMA prohibition order made by the Authority against him that still remains in force;
whether the appointee or director is an undischarged bankrupt in Singapore or elsewhere; (c)whether an enforcement order against the appointee or director in respect of a judgment debt has been returned unsatisfied in whole or in part; (d)whether the appointee or director has, in Singapore or elsewhere, entered into a compromise or scheme of arrangement with his creditors, being a compromise or scheme of arrangement that is still in operation; (e)whether the appointee or director —
has been convicted, whether in Singapore or elsewhere, of an offence involving fraud or dishonesty or the conviction for which involved a finding that he had acted fraudulently or dishonestly; or
has been convicted of an offence under the Act;
the educational or other qualification, experience or expertise of the appointee or director, having regard to the nature of the duties he is to perform as a chief executive officer, director or executive director, as the case may be, of the holder; (g)whether the appointee or director is a fit and proper person to be a chief executive officer, director or executive director, as the case may be, of the holder; (h)the financial standing of the appointee or director; (i)the past performance of the appointee or director, having regard to the nature of the duties he is to perform as a chief executive officer, director or executive director, as the case may be, of the holder; and
whether there is reason to believe that the appointee or director will not conduct himself professionally or act in an ethical manner in discharging the duties he is to perform as a chief executive officer, director or executive director, as the case may be, of the holder.