Singapore legislation

Regulation 29

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

Regulation 29

Suitability of custodian

Amended byS 667/2018 wef 08/10/2018S 832/2020 wef 30/09/2020

Subregulation 1

The holder of a capital markets services licence which maintains its customer’s assets in a custody account under regulation 27(1) or (3) must —

(a)

before opening the custody account, assess the custodian’s suitability for the holder’s customer or class of customers; and

(b)

periodically assess the custodian’s suitability for as long as the custody account is maintained with that custodian.

Subregulation 2

Amended byS 667/2018 wef 08/10/2018

The holder must keep, for the period specified in section 102(3) of the Act, records of the grounds on which the holder satisfied itself of the custodian’s suitability at each assessment under paragraph (1)(a) or (b).

Subregulation 3

Amended byS 832/2020 wef 30/09/2020

Despite paragraphs (1) and (2) and regulation 64(1) of the Securities and Futures (Licensing and Conduct of Business) (Amendment No. 2) Regulations 2018 (G.N. No. S 667/2018), this regulation as in force immediately before 8 October 2018 continues to apply to a person who —

(a)

was, immediately before 8 October 2018, a holder of a capital markets services licence to carry on business in any regulated activity other than dealing in capital markets products that are specified OTC derivatives contracts; and

(b)

is a holder of a capital markets services licence to carry on business in any regulated activity other than dealing in capital markets products that are specified OTC derivatives contracts,until 8 October 2021.