Singapore legislation

Regulation 54

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

Regulation 54

Banks, merchant banks and finance companies

Amended byS 464/2021 wef 01/07/2021S 226/2023 wef 31/12/2021S 464/2021 wef 01/07/2021S 226/2023 wef 31/12/2021S 709/2010 wef 26/11/2010S 170/2013 wef 28/03/2013S 381/2018 wef 09/07/2018S 667/2018 wef 08/10/2018S 832/2020 wef 30/09/2020S 226/2023 wef 31/12/2021S 832/2020 wef 30/09/2020S 832/2020 wef 30/09/2020S 464/2021 wef 01/07/2021S 226/2023 wef 31/12/2021

Subregulation 1

Amended byS 464/2021 wef 01/07/2021S 226/2023 wef 31/12/2021S 464/2021 wef 01/07/2021S 226/2023 wef 31/12/2021S 709/2010 wef 26/11/2010S 170/2013 wef 28/03/2013S 381/2018 wef 09/07/2018S 667/2018 wef 08/10/2018S 832/2020 wef 30/09/2020S 226/2023 wef 31/12/2021

Sections 104, 104A and 105 of the Act, Divisions 1, 3 and 4 of Part III of these Regulations and regulations 13(b)(ix), 39(1)(da), (e) and (k), (2)(ba), (bb), (bc), (c) and (d), (3), (4) and (5), 40, 42, 44, 45, 46, 46AA, 46AB, 46AC, 46AD, 47 and 47B to 47E shall, with the necessary modifications, apply to each of the following exempt persons in respect of its business in any regulated activity as those provisions apply to the holder of a capital markets services licence and, where applicable, shall, with the necessary modifications, apply to a representative of any of these exempt persons when acting as such as those provisions apply to the representative of the holder of a capital markets services licence:

(a)

a bank that holds a licence under section 7 or 79 of the Banking Act 1970;

(b)

a merchant bank that holds a merchant bank licence, or is treated as having been granted a merchant bank licence, under the Banking Act 1970; and

(c)

a finance company licensed under the Finance Companies Act 1967.

Subregulation 2

Amended byS 832/2020 wef 30/09/2020

Despite paragraph (1) and regulation 64(1) of the Securities and Futures (Licensing and Conduct of Business) (Amendment No. 2) Regulations 2018, regulations 29 and 37 as in force immediately before 8 October 2018 continue to apply to the following persons until 8 October 2021:

(a)

a person mentioned in paragraph (1)(a) or (b) who —

(i)

was, immediately before 8 October 2018, carrying on business in any regulated activity other than dealing in capital markets products that are specified contracts; and

(ii)

is a person carrying on business in any regulated activity other than dealing in capital markets products that are specified contracts; (b)a person mentioned in paragraph (1)(c) who —

(i)

was, immediately before 8 October 2018, carrying on business in any regulated activity other than dealing in capital markets products that are specified OTC derivatives contracts; and

(ii)

is a person carrying on business in any regulated activity other than dealing in capital markets products that are specified OTC derivatives contracts.

Subregulation 3

Amended byS 832/2020 wef 30/09/2020S 464/2021 wef 01/07/2021S 226/2023 wef 31/12/2021

Where any regulation referred to in paragraph (1) or (2) or part of it conflicts with any requirement under the Banking Act 1970 or the Finance Companies Act 1967, the latter shall prevail.