Singapore legislation
Regulation 15
of Securities and Futures (Licensing and Conduct of Business) Regulations
Regulation 15
Definitions of this Part
Subregulation 1
In Part 5 of the Act and this Part, “customer”, in relation to the holder of a capital markets services licence, does not include —
the holder in carrying out any regulated activity for its own account;
an officer, an employee or a representative of the holder; or
a related corporation of the holder with respect to an account belonging to and maintained wholly for the benefit of that related corporation.
Subregulation 2
For the purposes of this Part, a reference to money received on account of a customer of the holder of a capital markets services licence includes —
money received from, or on account of, the customer in respect of a sale or purchase of any capital markets products;
money received from, or on account of, the customer for the holding of any capital markets products, or the maintenance of a trading account for any capital markets products by the customer;
[Deleted by S 667/2018 wef 08/10/2018](d)money received from, or on account of, the customer, where the holder provides product financing to such customer;
money received from, or on account of, the customer for the purpose of managing the customer’s funds; and
money received from, or on account of, the customer in the course of the business of the holder,but does not include —
money which is to be used to reduce the amount owed by the customer to the holder; (ii)money which is to be paid to the customer or in accordance with the customer’s written direction; (iii)money which is to be used to defray the holder’s brokerage and other proper charges;
money which is to be paid to any other person entitled to the money; and
money received from, or on account of, a customer who is an institutional investor, in connection with any OTC derivatives contract which —
is entered into by the holder with the customer;
is not cleared or settled by a clearing facility; and
is booked in Singapore.
Subregulation 3
In this Part —
Definition
“customer’s assets”, in relation to the holder of a capital markets services licence, means securities and assets, including Government securities and certificates of deposits, that are beneficially owned by a customer of the holder, but does not include —
money; and
securities and assets that are received from, or on account of, a customer who is an institutional investor in connection with any OTC derivatives contract which —
is entered into by the holder with the customer;
is not cleared or settled by a clearing facility; and
is booked in Singapore;
Definition
“trust account” means an account opened by a holder of a capital markets services licence that —
is designated as a trust account, a customer’s account or a customers’ account; and
is distinguished and maintained separately from any other account in which the holder deposits its own moneys.