Singapore legislation

Regulation 19

of Securities and Futures (Offers of Investments) (Securities and Securities-based Derivatives Contracts) Regulations 2018

Regulation 19

Exemption from regulation 17(1)

Subregulation 1

An advertisement or a publication in respect of an offer or intended offer of securities or securities‑based derivatives contracts need not comply with regulation 17(1) if —

(a)

the advertisement or publication (as the case may be) is prepared by any of the following persons (each called in this regulation the preparer) for the person who disseminates or publishes, or causes the dissemination or publication of, the advertisement or publication, as the case may be:

(i)

a specified financial adviser within the meaning given by paragraph (b) of the definition of “specified financial adviser” in regulation 2(1) of the Financial Advisers Regulations (Cap. 110, Rg 2); (ii)a holder of a capital markets services licence; and

(b)

prior to the person disseminating or publishing, or causing the dissemination or publication of, the advertisement or publication, as the case may be —

(i)

the preparer complies with the conditions in paragraph (2); and (ii)the preparer notifies the person in writing that the conditions in paragraph (2) are satisfied.

Subregulation 2

For the purpose of paragraph (1)(b), the conditions are as follows:

(a)

where the preparer is a specified financial adviser mentioned in paragraph (1)(a)(i) —

(i)

the advertisement or publication (as the case may be) is a product advertisement within the meaning given by regulation 2(1) of the Financial Advisers Regulations; and

(ii)

the advertisement or publication (as the case may be) complies with the requirements mentioned in regulation 22(2) of those Regulations, if it is disseminated or published on or after 10 December 2018;

(b)

where the preparer is a holder of a capital markets services licence —

(i)

the advertisement or publication (as the case may be) is a product advertisement within the meaning given by regulation 2 of the Securities and Futures (Licensing and Conduct of Business) Regulations (Rg 10); and

(ii)

the advertisement or publication (as the case may be) complies with the requirements mentioned in regulation 46(2) of those Regulations, if it is disseminated or published on or after 10 December 2018.