Singapore legislation

Regulation 15

of Securities and Futures (Licensing and Conduct of Business) Regulations

Regulation 15

Definitions of this Part

Amended byS 226/2023 wef 31/12/2021S 667/2018 wef 08/10/2018S 667/2018 wef 08/10/2018S 667/2018 wef 08/10/2018S 667/2018 wef 08/10/2018S 667/2018 wef 08/10/2018S 667/2018 wef 08/10/2018S 667/2018 wef 08/10/2018

Subregulation 1

Amended byS 226/2023 wef 31/12/2021

In Part 5 of the Act and this Part, “customer”, in relation to the holder of a capital markets services licence, does not include —

(a)

the holder in carrying out any regulated activity for its own account;

(b)

an officer, an employee or a representative of the holder; or

(c)

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

Amended byS 667/2018 wef 08/10/2018S 667/2018 wef 08/10/2018S 667/2018 wef 08/10/2018S 667/2018 wef 08/10/2018S 667/2018 wef 08/10/2018S 667/2018 wef 08/10/2018

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 —

(a)

money received from, or on account of, the customer in respect of a sale or purchase of any capital markets products;

(b)

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;

(c)

[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;

(e)

money received from, or on account of, the customer for the purpose of managing the customer’s funds; and

(f)

money received from, or on account of, the customer in the course of the business of the holder,but does not include —

(i)

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;

(iv)

money which is to be paid to any other person entitled to the money; and

(v)

money received from, or on account of, a customer who is an institutional investor, in connection with any OTC derivatives contract which —

(A)

is entered into by the holder with the customer;

(B)

is not cleared or settled by a clearing facility; and

(C)

is booked in Singapore.

Subregulation 3

Amended byS 667/2018 wef 08/10/2018

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 —

(a)

money; and

(b)

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 —

(i)

is entered into by the holder with the customer;

(ii)

is not cleared or settled by a clearing facility; and

(iii)

is booked in Singapore;

Definition

“trust account” means an account opened by a holder of a capital markets services licence that —

(a)

is designated as a trust account, a customer’s account or a customers’ account; and

(b)

is distinguished and maintained separately from any other account in which the holder deposits its own moneys.

Amended byS 667/2018 wef 08/10/2018