Singapore legislation

Regulation 32

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

Regulation 32

Custody agreement

Amended byS 709/2010 wef 26/11/2010S 667/2018 wef 08/10/2018S 709/2010 wef 26/11/2010

Subregulation 1

Amended byS 709/2010 wef 26/11/2010S 667/2018 wef 08/10/2018

Subject to paragraph (3) and without affecting regulation 28, before placing its customer’s assets in a custody account with a custodian, the holder of a capital markets services licence shall agree with the custodian, in writing, to the following:

(a)

that the account shall be designated as that of the customer or customers;

(b)

that the custodian shall hold and record the assets in accordance with the holder’s instructions; and the records shall identify the assets as belonging to the holder’s customer and the assets shall be kept separate from any asset belonging to the holder or to the custodian;

(c)

that the custodian shall not claim any lien, right of retention or sale over any asset standing to the credit of the custody account, except —

(i)

where the holder has obtained the customer’s written consent and notified the custodian in writing of the written consent; or (ii)in respect of any charges as agreed upon in the terms and conditions relating to the administration or custody of the asset;

(d)

that the custodian shall provide sufficient information to the holder in order that the holder may comply with its record-keeping obligations under the Act or these Regulations or under any other law;

(e)

the person in whose name the assets are registered;

(f)

that the custodian shall not permit any withdrawal of the assets from the custody account, except for delivery of the assets to the holder or on the holder’s written instructions;

(g)

the arrangements for dealing with any entitlement arising from the assets in the custody account, such as coupon or interest payment; (h)the extent of the custodian’s liability in the event of any loss of the assets maintained in the custody account caused by fraud or negligence on the part of the custodian or any of the custodian’s agents; and

(i)

the applicable fees and costs for the custody of the assets.

Subregulation 2

The holder of a capital markets services licence referred to in paragraph (1) shall, before depositing its customer’s assets in a custody account, disclose to the customer the terms and conditions agreed with the custodian.

Subregulation 3

Amended byS 709/2010 wef 26/11/2010

Paragraph (1) shall not apply to the holder of a capital markets services licence who is licensed to provide custodial services in relation to its provision of such services for its customer’s assets.