Singapore legislation
Regulation 5B
of Securities and Futures (Offers of Investments) (Collective Investment Schemes) Regulations 2005
Regulation 5B
Application for approval of chief executive officer, director and key persons, etc.
For the purposes of section 290(4) of the Act, the Authority may have regard to the following criteria in determining whether to approve the appointment of a person under section 290(1) or (2) of the Act:
whether the approved trustee has provided the Authority with such information relating to the person as the Authority may require;
whether the person has had a related Acts prohibition order, a section 101A prohibition order, a section 123ZZC prohibition order or an FSMA prohibition order made against the person that remains in force;
whether the person is an undischarged bankrupt in Singapore or elsewhere;
whether an enforcement order against the person in respect of a judgment debt has been returned unsatisfied in whole or in part;
whether the person has, in Singapore or elsewhere, entered into a compromise or scheme of arrangement with the person’s creditors, being a compromise or scheme of arrangement that is still in operation;
whether the person —
has been convicted, whether in Singapore or elsewhere, of an offence involving fraud or dishonesty or the conviction for which involved a finding that the person had acted fraudulently or dishonestly; or
has been convicted of an offence under the Act;
the educational or other qualification, experience or expertise of the person, having regard to the nature of the duties that the person is to perform as a chief executive officer or director of the approved trustee, or in the key management position or committee of the approved trustee, as the case may be;
whether the person is a fit and proper person to be a chief executive officer or director of the approved trustee, to hold the key management position or to be in the committee of the approved trustee, as the case may be;
the financial standing of the person;
the past performance of the person, having regard to the nature of the duties that the person is to perform as a chief executive officer or director of the approved trustee, or in the key management position or committee of the approved trustee, as the case may be;
whether there is reason to believe that the person will not conduct himself professionally or act in an ethical manner in discharging the duties that the person is to perform as a chief executive officer or director of the approved trustee, or in the key management position or committee of the approved trustee, as the case may be.