Singapore legislation

Schedule 6

of Securities and Futures (Offers of Investments) (Collective Investment Schemes) Regulations 2005

Schedule 6

Modified provisions for restricted schemes

SIXTH SCHEDULERegulations 2(1) and 32Modified provisions for restricted schemesOffers of units in restricted schemes1.—

(1)

No person shall make an offer of units in a restricted scheme that is not a restricted real estate investment trust unless —

(a)

either of the following is satisfied:

(i)

the restricted scheme is a restricted Singapore scheme or a restricted foreign scheme; (ii)the offer of units in the restricted scheme is made under paragraph 6A; and[S 669/2018 wef 08/10/2018](b)the offer is made in or accompanied by an information memorandum —

(i)

that complies with sub-paragraph (2); and

(ii)

a copy of which is submitted to the Authority for record purposes.[S 191/2013 wef 01/07/2013][S 402/2020 wef 29/05/2020](2) For the purposes of sub-paragraph (1)(b)(i), the information memorandum issued in connection with an offer of units in a restricted scheme shall —

(a)

except where the scheme is also authorised or recognised by the Authority under section 286 or 287 of the Act, as the case may be, contain the statement “the scheme is not authorised or recognised by the Authority and units in the scheme are not allowed to be offered to the retail public”;

(b)

contain the statement “the information memorandum is not a prospectus as defined in the Act and, accordingly, statutory liability under the Act in relation to the content of prospectuses does not apply, and the offeree should consider carefully whether the investment is suitable for him”; [S 669/2018 wef 08/10/2018](c)state —

(i)

the investment objectives and focus of the restricted scheme, and the investment approach of the manager for the scheme;

(ii)

the risks of subscribing for or purchasing units in the restricted scheme;

(iii)

whether the restricted scheme is regulated by any financial supervisory authority and, if so, the title and jurisdiction of the legislation under which the restricted scheme is regulated and the name and contact details of the authority;[S 669/2018 wef 08/10/2018](iv)in the case of a restricted Singapore scheme —

(A)

the name and place of incorporation of the manager for the scheme and (where applicable) the trustee or custodian for the scheme;

(B)

where the scheme is a non-umbrella VCC or sub-fund of an umbrella VCC —

(BA)the address of the registered office of the non-umbrella VCC or umbrella VCC, as the case may be; and

(BB)the business address of the custodian for the scheme; and

(C)

where the scheme is a sub-fund of an umbrella VCC, the risk that section 29 of the Variable Capital Companies Act 2018 (which provides that the assets of a sub-fund cannot be used to discharge the liabilities of any other sub-fund or the umbrella VCC itself and that any liability of a sub-fund must be discharged solely out of the assets of the sub-fund including in its winding up) may not be applied in a legal or other proceedings before a court or other tribunal of a foreign country;[S 33/2020 wef 14/01/2020](v)in the case of a restricted foreign scheme —

(A)

where the scheme is a corporation —

(AA)its place of incorporation and business address; and

(AB)the name and place of incorporation or registration of the manager for the restricted foreign scheme and, where applicable, the trustee or custodian for the restricted foreign scheme; or

(B)

where the scheme is not a corporation, the name and place of incorporation or registration of the manager for the restricted foreign scheme and, where applicable, the trustee or custodian for the restricted foreign scheme;

(vi)

whether the manager for the restricted scheme and, where applicable, the trustee or custodian for the restricted scheme, are regulated by any financial supervisory authority and, if so, the name and contact details of the authority;

(vii)

where applicable, the conditions, limits and gating structures for redemption of the units;

(viii)

where applicable, the policy of the restricted scheme regarding side letters that may further qualify the relationship between the restricted scheme and selected investors, and the nature and scope of such side letters;

(ix)

where applicable, the past performance of the restricted scheme, or where information on the past performance of the scheme may be obtained;

(x)

the details on where the accounts of the restricted scheme may be obtained; and

(xi)

the fees and charges payable by the investors and by the restricted scheme; and[S 191/2013 wef 01/07/2013][S 669/2018 wef 08/10/2018](d)where the offer of units is made under paragraph 6A, contain the statement “This offer is made in reliance on the exemption for restricted schemes under section 305 of the Securities and Futures Act 2001. The scheme has not been entered into the list of restricted schemes maintained by the Authority. The Authority does not regulate the manager in respect of the management of the scheme.”.[S 669/2018 wef 08/10/2018][S 402/2020 wef 29/05/2020][S 638/2024 wef 31/12/2021](2A) [Deleted by S 33/2020 wef 14/01/2020](3) Any person who contravenes sub-paragraph (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part thereof during which the offence continues after conviction.List of restricted schemes2.—

(1)

Subject to paragraph 6A, a person who wishes to make an offer of units in a restricted scheme (not being a restricted real estate investment trust) that has not been entered into the list of restricted schemes maintained by the Authority shall submit a notification of the offer to the Authority in such form and manner as may be specified in the Authority’s Internet website at http://www.mas.gov.sg (under “CISNet”), or at https://masnetsvc2.mas.gov.sg/cisnet.[S 494/2014 wef 29/07/2014][S 669/2018 wef 08/10/2018][S 494/2014 wef 29/07/2014][S 669/2018 wef 08/10/2018][S 402/2020 wef 29/05/2020](2) Every notification referred to in sub-paragraph (1) shall be accompanied by such information or record as the Authority may require.(3) The Authority may, upon receipt of the notification referred to in sub-paragraph (1) and in accordance with paragraph 3 or 4 (as the case may be), enter the restricted scheme into the list of restricted schemes maintained by the Authority.(4) The Authority may publish for public information, in such manner as it considers appropriate —

(a)

the list of restricted schemes maintained by the Authority; and

(b)

the particulars of any restricted scheme that has been entered in the list of restricted schemes.(5) The Authority must, as soon as practicable on or after 29 May 2020, withdraw from the list of restricted schemes maintained by the Authority restricted real estate investment trusts entered in that list before that date.[S 402/2020 wef 29/05/2020]Restricted Singapore schemes3.—

(1)

The Authority shall not enter a restricted scheme which is constituted in Singapore into the list of restricted schemes maintained by the Authority unless the Authority is of the opinion that the following requirements are satisfied:

(a)

there is a manager for the scheme which is licensed or regulated to manage the assets of the restricted scheme in the jurisdiction of its principal place of business;[S 638/2024 wef 01/08/2024](b)the manager for the scheme is a fit and proper person, and in considering if a person satisfies this requirement, the Authority may take into account any matter relating to —

(i)

any person who is or will be employed by or associated with the manager;

(ii)

any person exercising influence over the manager; or

(iii)

any person exercising influence over a related corporation of the manager; [S 33/2020 wef 14/01/2020](c)in the case of a scheme constituted as a unit trust — there is a trustee for the scheme approved under section 289 of the Act;[S 33/2020 wef 14/01/2020](d)in the case of a scheme constituted as a non-umbrella VCC or a sub-fund of an umbrella VCC — there is a custodian for the scheme that is a specified custodian mentioned in regulation 26(6) of the Securities and Futures (Licensing and Conduct of Business) Regulations (Rg 10), except in the circumstances specified in sub-paragraph (1A).[S 33/2020 wef 14/01/2020](1A) Despite sub-paragraph (1), a scheme constituted as a non-umbrella VCC or a sub-fund of an umbrella VCC need not comply with sub-paragraph (1)(d) if —

(a)

the scheme is an arrangement mentioned in paragraph (aa) of the definition of “closed-end fund” in section 2(1) of the Act and is to be used for the purposes of private equity or venture capital investments;

(b)

the non-umbrella VCC or the umbrella VCC (as the case may be) has disclosed to the participants or potential participants of the scheme the fact that the assets of the scheme are not maintained in a trust account or custody account with a specified custodian mentioned in regulation 26(6) of the Securities and Futures (Licensing and Conduct of Business) Regulations, and has obtained the acknowledgment of the participants or potential participants of this fact; and

(c)

the non-umbrella VCC or the umbrella VCC (as the case may be) has arranged for an auditor to audit the scheme on an annual basis and provide a report on the audit to the participants of the scheme.[S 33/2020 wef 14/01/2020](2) The Authority may enter a restricted scheme which is constituted in Singapore, and which is not constituted as a unit trust, a non-umbrella VCC or a sub-fund of an umbrella VCC, into the list of restricted schemes subject to such conditions or restrictions as it thinks fit.[S 33/2020 wef 14/01/2020](3) The Authority may, at any time, by notice in writing to the responsible person for a restricted Singapore scheme mentioned in sub-paragraph (2) —

(a)

vary any condition or restriction imposed under sub-paragraph (2); or

(b)

impose such further condition or restriction as it may think fit.[S 669/2018 wef 08/10/2018](4) The Authority may refuse to enter a restricted scheme which is constituted in Singapore into the list of restricted schemes where it appears to the Authority that it is not in the public interest to do so.(5) The Authority shall not refuse to enter a restricted scheme which is constituted in Singapore into the list of restricted schemes without giving the person who submitted the notification of the offer of units in the scheme an opportunity to be heard, except that an opportunity to be heard need not be given if the refusal is on the ground that it is not in the public interest to enter the scheme into the list of restricted schemes on the basis of any of the following circumstances:

(a)

any person who wishes to make the offer (being an entity), the responsible person or the scheme itself is in the course of being wound up or otherwise dissolved, whether in Singapore or elsewhere;

(b)

any person who wishes to make the offer (being an individual) is an undischarged bankrupt, whether in Singapore or elsewhere;

(c)

a receiver, a receiver and manager or an equivalent person has been appointed, whether in Singapore or elsewhere, in relation to or in respect of any property of any person who wishes to make the offer (being an entity), the responsible person or the scheme.(6) The responsible person for a restricted scheme which is constituted in Singapore may, within 30 days after he is notified by the Authority that the Authority has refused to enter the scheme into the list of restricted schemes, appeal to the Minister whose decision shall be final.(7) The responsible person for a restricted Singapore scheme and the trustee for the scheme, to the extent applicable, shall ensure that the requirements set out in sub-paragraph (1) as applicable to that scheme shall continue to be satisfied.(8) The responsible person for a restricted Singapore scheme shall furnish such information or record regarding the scheme as the Authority may, at any time, require for the proper administration of the Act.(9) Where the manager for a restricted Singapore scheme which is constituted as a unit trust fails to comply with the Act, the Authority may direct the trustee for the scheme to remove that person and appoint a new manager for the scheme.(9A) Where the manager for a restricted Singapore scheme which is constituted as a non-umbrella VCC or a sub-fund of an umbrella VCC fails to comply with the Act, the Authority may direct the non-umbrella VCC or umbrella VCC (as the case may be) to remove that person and appoint a new manager for the scheme.[S 33/2020 wef 14/01/2020](10) Any person who contravenes —

(a)

any condition or restriction imposed under sub-paragraph (2) or (3);

(b)

sub-paragraph (7) or (8); or

(c)

any direction of the Authority given under sub-paragraph (9) or (9A),[S 33/2020 wef 14/01/2020]shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part thereof during which the offence continues after conviction.Restricted foreign schemes4.—

(1)

The Authority shall not enter a restricted scheme which is constituted outside Singapore into the list of restricted schemes maintained by the Authority unless the Authority is of the opinion that there is a manager for the scheme which satisfies the following requirements:

(a)

the manager is licensed or regulated to manage the assets of the restricted scheme in the jurisdiction of its principal place of business; and[S 669/2018 wef 08/10/2018](b)the manager is a fit and proper person, and in considering if a person satisfies this requirement, the Authority may take into account any matter relating to —

(i)

any person who is or will be employed by or associated with the manager;

(ii)

any person exercising influence over the manager; or

(iii)

any person exercising influence over a related corporation of the manager.(2) The Authority may refuse to enter a restricted scheme which is constituted outside Singapore into the list of restricted schemes where it appears to the Authority that it is not in the public interest to do so.(3) The Authority shall not refuse to enter a restricted scheme which is constituted outside Singapore into the list of restricted schemes without giving the person who submitted the notification of the offer of units in the scheme an opportunity to be heard, except that an opportunity to be heard need not be given if the refusal is on the ground that it is not in the public interest to enter the scheme into the list of restricted schemes on the basis of any of the following circumstances:

(a)

any person who wishes to make the offer (being an entity), the responsible person or the scheme itself is in the course of being wound up or otherwise dissolved, whether in Singapore or elsewhere;

(b)

any person who wishes to make the offer (being an individual) is an undischarged bankrupt, whether in Singapore or elsewhere;

(c)

a receiver, a receiver and manager or an equivalent person has been appointed, whether in Singapore or elsewhere, in relation to or in respect of any property of any person who wishes to make the offer (being an entity), the responsible person or the scheme.(4) The responsible person for a restricted scheme which is constituted outside Singapore may, within 30 days after he is notified by the Authority that the Authority has refused to enter the scheme into the list of restricted scheme, appeal to the Minister whose decision shall be final.(5) The responsible person for a restricted foreign scheme shall ensure that the requirements set out in sub-paragraph (1) as applicable to that scheme shall continue to be satisfied.(6) The responsible person for a restricted foreign scheme shall furnish such information or record regarding the scheme as the Authority may, at any time, require for the proper administration of the Act.(7) Any person who contravenes sub-paragraph (5) or (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part thereof during which the offence continues after conviction.Restricted real estate investment trust4A.—

(1)

The responsible person for a restricted real estate investment trust must furnish such information or record regarding the scheme as the Authority may at any time require for the proper administration of the Act.(2) Any person who contravenes sub-paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction.[S 402/2020 wef 29/05/2020]Withdrawal or suspension5.—

(1)

The Authority may withdraw a restricted Singapore scheme or a restricted foreign scheme from the list of restricted schemes maintained by the Authority if —

(a)

any information or record submitted to the Authority, whether at the same time as or subsequent to the submission of the notification of the offer of units in the scheme, was false or misleading in a material particular or omitted a material particular which, had it been known to the Authority at the time of submission of the notification, would have resulted in the Authority not entering the scheme into the list of restricted schemes;

(b)

the Authority is of the opinion that the continued offer of units in the scheme is or will be against the public interest;

(c)

the Authority is of the opinion that the continued offer of units in the scheme is or will be prejudicial to its participants or potential participants;

(d)

in the case of —

(i)

a restricted Singapore scheme, the responsible person for the scheme or the trustee for the scheme, where applicable, contravenes —

(A)

any condition or restriction imposed under paragraph 3(2) or (3);

(B)

paragraph 3(7) or (8); or

(C)

any direction of the Authority given under paragraph 3(9) or (9A); or[S 33/2020 wef 14/01/2020](ii)a restricted foreign scheme, the responsible person for the scheme contravenes paragraph 4(5) or (6); or

(e)

the responsible person for a restricted Singapore scheme or a restricted foreign scheme fails to submit an annual declaration in respect of the scheme in accordance with paragraph 6.(2) Notwithstanding sub-paragraph (1), the Authority may, if it considers it desirable to do so —

(a)

instead of withdrawing a restricted Singapore scheme or a restricted foreign scheme from the list of restricted schemes, suspend the status of the scheme as a restricted Singapore scheme or a restricted foreign scheme (as the case may be) for such period as the Authority may determine; and

(b)

at any time —

(i)

extend the period of suspension; or

(ii)

revoke the suspension.(3) Where the Authority decides to withdraw a restricted Singapore scheme or a restricted foreign scheme from the list of restricted schemes under sub-paragraph (1) or to suspend the status of a restricted scheme as a restricted Singapore scheme or a restricted foreign scheme under sub-paragraph (2), it shall notify the responsible person for the scheme.(4) Subject to sub-paragraph (5), the Authority shall not —

(a)

withdraw a restricted Singapore scheme or a restricted foreign scheme from the list of restricted schemes under sub-paragraph (1); or

(b)

suspend the status of a restricted scheme as a restricted Singapore scheme or a restricted foreign scheme under sub-paragraph (2),without giving the responsible person for the scheme an opportunity to be heard.(5) An opportunity to be heard need not be given to the responsible person for a restricted scheme if the withdrawal or suspension of the scheme is on the ground that —

(a)

permitting the restricted scheme to remain as a restricted Singapore scheme or a restricted foreign scheme is against the public interest on the basis of any of the following circumstances:

(i)

any person making an offer of units in the scheme (being an entity), the responsible person or the scheme itself is in the course of being wound up or otherwise dissolved, whether in Singapore or elsewhere;

(ii)

any person making an offer of units in the scheme (being an individual) is an undischarged bankrupt, whether in Singapore or elsewhere;

(iii)

a receiver, a receiver and manager or an equivalent person has been appointed, whether in Singapore or elsewhere, in relation to or in respect of any property of any person making an offer of units in the scheme (being an entity), the responsible person or the scheme; or

(b)

the responsible person for the restricted scheme has failed to submit an annual declaration in respect of the scheme in accordance with paragraph 6.(6) The responsible person for a restricted scheme may, within 30 days after he is notified that the Authority —

(a)

has withdrawn a restricted Singapore scheme or a restricted foreign scheme from the list of restricted schemes under sub-paragraph (1); or

(b)

has suspended the status of a restricted scheme as a restricted Singapore scheme or a restricted foreign scheme under sub-paragraph (2),appeal to the Minister whose decision shall be final.(7) Where the Authority withdraws a restricted Singapore scheme or a restricted foreign scheme from the list of restricted schemes under sub-paragraph (1) or suspends the status of a restricted scheme as a restricted Singapore scheme or a restricted foreign scheme under sub-paragraph (2), the Authority may —

(a)

within a period of 28 days of the withdrawal or suspension, give directions to the responsible person of the scheme, as it deems appropriate, to protect investors; and

(b)

publish a notice of the withdrawal or suspension, any direction given under sub-paragraph (a), and the reason therefor, in such manner as it considers appropriate.(8) Any responsible person who contravenes any direction of the Authority given under sub-paragraph (7)(a) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000.Annual declaration by responsible person

6. The responsible person for a restricted Singapore scheme or a restricted foreign scheme shall lodge with the Authority an annual declaration in respect of the scheme in accordance with such requirements and in such manner as may be notified in writing by the Authority.Offer of units in restricted scheme that does not invest in capital markets products, etc.6A.—

(1)

A person may make an offer of units in a restricted scheme (called in this paragraph the current offer) that has not been entered into the list of restricted schemes maintained by the Authority under paragraph 2(3), if —

(a)

the restricted scheme does not invest in capital markets products, other than securities issued by one or more corporations or interests in bodies unincorporate, where the sole purpose of such corporation or body unincorporate is to hold, whether directly or through another entity or trust, property other than capital markets products;

(b)

the units of the restricted scheme are offered or intended to be offered only to investors who are relevant persons;

(c)

there is no manager, which is licensed or regulated to manage the assets of a restricted scheme in the jurisdiction of the manager’s principal place of business, for the restricted scheme, or where there is such a manager for the scheme, the person does not wish for the restricted scheme to be entered into the list of restricted schemes under paragraph 3 or 4; and

(d)

where —

(i)

the person has not previously made an offer of units in the restricted scheme under this paragraph — prior to making the current offer, the person submits to the Authority such information on the restricted scheme, and in such form and manner, as may be specified in the Authority’s website at http://www.mas.gov.sg (under “CISNet”), or at https://masnetsvc2.mas.gov.sg/cisnet;

(ii)

the person has previously made an offer of units in the restricted scheme under this paragraph (called in this sub-paragraph the previous offer) and has complied with sub‑paragraph (i) or (iii) with respect to the previous offer — the responsible person for the restricted scheme has lodged with the Authority in such manner as may be notified by the Authority, an annual declaration on the restricted scheme for every consecutive 12‑month period, or such other period as may be determined by the Authority, starting on the date on which the person may commence making the previous offer (as notified by the Authority) until the date on which the current offer is made; or

(iii)

the person has previously made an offer of units in the restricted scheme under this paragraph (called in this sub‑paragraph the previous offer) and has complied with sub‑paragraph (i) with respect to the previous offer, but the responsible person for the restricted scheme has not lodged with the Authority in such manner as may be notified by the Authority, an annual declaration on the restricted scheme for every consecutive 12‑month period, or such other period as may be determined by the Authority, starting on the date on which the person may commence making the previous offer (as notified by the Authority) until the date on which the current offer is made — prior to making the current offer, the person submits to the Authority such information on the restricted scheme, and in such form and manner, as may be specified in the Authority’s website at http://www.mas.gov.sg (under “CISNet”), or at https://masnetsvc2.mas.gov.sg/cisnet.(2) Every submission mentioned in sub‑paragraph (1)(d)(i) or (iii) must be accompanied by such information or record as the Authority may require.(3) The responsible person for a restricted scheme mentioned in sub‑paragraph (1) must provide such information or record regarding the restricted scheme as the Authority may, at any time, require for the proper administration of the Act. (4) Any person who contravenes sub‑paragraph (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction.(5) In this paragraph —“annual declaration” means an annual declaration that complies with such requirements as may be notified by the Authority to the restricted scheme;“relevant person” has the meaning given by section 305(5) of the Act.[S 669/2018 wef 08/10/2018]Winding up and termination7.—

(1)

The responsible person of the following restricted schemes must, within 14 days after the winding up or dissolution of the restricted scheme, notify the Authority of the winding up or dissolution, as the case may be:

(a)

a restricted Singapore scheme;

(b)

a restricted foreign scheme;

(c)

a restricted scheme the units of which are —

(i)

offered under paragraph 6A and the offer has not closed as at the date of the winding up or dissolution of the restricted scheme, as the case may be; or

(ii)

previously offered under paragraph 6A to one or more relevant persons and the units continue to be held by one or more relevant persons as at the date of the winding up or dissolution of the restricted scheme, as the case may be; (d)a restricted scheme with terminated Singapore offers.[S 669/2018 wef 08/10/2018](2) The responsible person of the following restricted schemes must within 14 days after the termination of any offer of units in the restricted scheme, notify the Authority of the termination:

(a)

a restricted Singapore scheme;

(b)

a restricted foreign scheme;

(c)

a restricted scheme the units of which are offered under paragraph 6A.[S 669/2018 wef 08/10/2018](3) The Authority may, upon being notified by the responsible person for a restricted Singapore scheme or restricted foreign scheme under sub‑paragraph (1) or (2), remove the restricted Singapore scheme or restricted foreign scheme (as the case may be) from the list of restricted schemes maintained by the Authority.[S 669/2018 wef 08/10/2018](4) The Authority may, within a period of 28 days after being notified under sub-paragraph (1) or (2), give directions to the responsible person of the scheme, as it deems appropriate, to protect investors.(5) The Authority may publish a notice of any direction given under sub-paragraph (4), and the reason therefor, in such manner as it considers appropriate.(6) Any responsible person who contravenes —

(a)

sub-paragraph (1) or (2); or

(b)

any direction of the Authority given under sub-paragraph (4),shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000.(7) In this paragraph, “restricted scheme with terminated Singapore offers”, means a restricted scheme —

(a)

which is or was a restricted Singapore scheme or a restricted foreign scheme;

(b)

where units acquired at the time it is or was such a scheme —

(i)

were acquired by a relevant person or by a person in accordance with section 305(2) and (3) of the Act; and

(ii)

continues to be held by such a person; and

(c)

in respect of which all offers of units have been terminated.Service8.—

(1)

If a restricted scheme is not constituted as a VCC or sub‑fund of an umbrella VCC, any document relating to the scheme is sufficiently served —

(a)

if served on the responsible person for the scheme at the responsible person’s last known address;

(b)

if delivered to the secretary or other similar officer of the responsible person at its registered office or principal place of business;

(c)

if sent by registered post addressed to the responsible person at its registered office or principal place of business; or

(d)

if sent by email to the last email address of the responsible person.(2) If a restricted scheme is constituted as a VCC or sub‑fund of an umbrella VCC, any document relating to the scheme is sufficiently served if served on the VCC in accordance with section 149 of the Variable Capital Companies Act 2018.(3) To avoid doubt, a reference in sub‑paragraph (1)(a) or (2) to service of any document relating to the scheme includes the service of any process in relation to the scheme.(4) Any notice, order or direction to be given or served by the Authority on —

(a)

in the case where a restricted scheme is constituted as a corporation other than a VCC — the corporation;

(b)

in the case where a restricted scheme is constituted as a VCC or sub-fund of an umbrella VCC — the VCC;

(c)

the manager for a restricted scheme; or

(d)

the trustee or custodian for a restricted scheme,is for all purposes regarded as duly given or served if it has been —

(e)

delivered to the secretary or other similar officer of the corporation, VCC, manager, trustee or custodian (as the case may be) at its registered office or principal place of business;

(f)

left at the registered office or principal place of business of the corporation, VCC, manager, trustee or custodian (as the case may be) in an envelope addressed to the corporation, VCC, manager, trustee or custodian;

(g)

sent by registered post addressed to the corporation, VCC, manager, trustee or custodian (as the case may be) at its registered office or principal place of business; or

(h)

sent by email to the last email address of the corporation, VCC, manager, trustee or custodian, as the case may be.(5) In sub‑paragraph (1)(a), the last known address of the responsible person that is a company or a foreign company is —

(a)

if the responsible person is a company, the address of its registered office in Singapore; or

(b)

if the responsible person is a foreign company, the address of its registered office in Singapore or the registered address of its authorised representative mentioned in section 366(1) of the Companies Act 1967 or, if the responsible person does not maintain a place of business in Singapore, its registered office in the place of its incorporation.(6) A document, notice, order or direction may be served on a person under this paragraph by email only with that person’s prior written consent.(7) Sub‑paragraphs (1)(b), (c) and (d) and (4) do not apply to documents to be served in proceedings in court.(8) Any document, notice, order or direction sent by registered post to any person in accordance with sub‑paragraph (1), (2) or (4) is deemed to be duly served on the person at the time when the document, notice, order or direction (as the case may be) would in the ordinary course of post be delivered.(9) When proving service of the document, notice, order or direction under sub‑paragraph (8), it is sufficient to prove that the envelope containing the document, notice, order or direction (as the case may be) was properly addressed, stamped and posted by registered post.(10) Service of a document, notice, order or direction under sub‑paragraph (1)(d) or (4)(h) takes effect at the time the email becomes capable of being retrieved by the person to whom the document is sent.(11) In this paragraph, “last email address” means —

(a)

the last email address given by the addressee concerned to the person giving or serving the document, notice, order or direction as the email address for the service of the document, notice, order or direction under the Act; or

(b)

the last email address of the addressee concerned known to the person giving or serving the document, notice, order or direction.[S 71/2025 wef 24/01/2025]