Singapore legislation

Regulation 46AB

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

Regulation 46AB

Exemption from regulation 46(1)

Amended byS 226/2023 wef 31/12/2021S 667/2018 wef 08/10/2018S 667/2018 wef 08/10/2018S 381/2018 wef 09/07/2018

Subregulation 1

A specified person need not comply with regulation 46(1) if —

(a)

the product advertisement is prepared by another person (called in this regulation the preparer) for the specified person; and

(b)

prior to the specified person disseminating or publishing, or causing the dissemination or publication of, the product advertisement —

(i)

the condition in paragraph (2) is satisfied; and (ii)the preparer notifies the specified person in writing that the condition in paragraph (2) is satisfied.

Subregulation 2

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

For the purpose of paragraph (1)(b), the condition is —

(a)

where the preparer is a specified person, the preparer has complied with regulation 46(1) as if the preparer were the specified person who will disseminate or publish, or cause the dissemination or publication of, the product advertisement;

(b)

where the preparer is a specified financial adviser, the preparer has complied with regulation 22(1) of the Financial Advisers Regulations (Rg 2) as if the preparer were the specified financial adviser who will disseminate or publish, or cause the dissemination or publication of, the product advertisement; or

(c)

where the preparer is a person other than a specified person or a specified financial adviser —

(i)

if the product advertisement is an advertisement or a publication mentioned in section 251(8), 273(8A) or 277(7) of the Act, the product advertisement complies with the requirements mentioned in regulation 17 of the Securities and Futures (Offers of Investments) (Securities and Securities-based Derivatives Contracts) Regulations 2018 (G.N. No. S 664/2018);

(ii)

[Deleted by S 667/2018 wef 08/10/2018](iii)if the product advertisement is an advertisement or a publication mentioned in section 300(3C), 303(3) or 305B(8) of the Act, the product advertisement complies with the requirements in regulation 19A(1) of the Securities and Futures (Offers of Investments) (Collective Investment Schemes) Regulations 2005 (G.N. No. S 602/2005).

Subregulation 3

Amended byS 381/2018 wef 09/07/2018

In this regulation, “specified financial adviser” has the meaning under paragraph (b) of the definition of “specified financial adviser” in regulation 2(1) of the Financial Advisers Regulations.