Singapore legislation

Regulation 2

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

Regulation 2

Definitions

Amended byS 132/2019 wef 14/03/2019S 132/2019 wef 14/03/2019

Subregulation 1

Amended byS 132/2019 wef 14/03/2019S 132/2019 wef 14/03/2019

In these Regulations, unless the context otherwise requires —

Definition

“ASEAN Debt Securities Disclosure Standards” means the common disclosure standards issued by the ASEAN Capital Markets Forum and called the ASEAN Debt Securities Disclosure Standards, updated from time to time and set out on the Authority’s website at http://www.mas.gov.sg;

Definition

“ASEAN Disclosure Standards for Debt Issuance Programme” means the common disclosure standards issued by the ASEAN Capital Markets Forum for any ASEAN Offering of Plain Debt Securities that is part of a debenture issuance programme, updated from time to time and set out on the Authority’s website at http://www.mas.gov.sg;

Amended byS 132/2019 wef 14/03/2019

Definition

“ASEAN Equity Securities Disclosure Standards” means the common disclosure standards issued by the ASEAN Capital Markets Forum for any ASEAN Offering of equity securities, updated from time to time and set out on the Authority’s website at http://www.mas.gov.sg;

Definition

“ASEAN Offering” means an offer of shares or Plain Debt Securities in Singapore and at least one other ASEAN participant country;

Definition

“ASEAN participant country” means a member country of ASEAN that —

(a)

has adopted, as part of its disclosure requirements for offers of securities —

(i)

in relation to an ASEAN Offering of Plain Debt Securities (other than an offer that is part of a debenture issuance programme), the ASEAN Debt Securities Disclosure Standards;

(ii)

in relation to an ASEAN Offering of Plain Debt Securities that is part of a debenture issuance programme, the ASEAN Debt Securities Disclosure Standards and ASEAN Disclosure Standards for Debt Issuance Programme; or

(iii)

in relation to an ASEAN Offering of shares, the ASEAN Equity Securities Disclosure Standards; and

(b)

is listed on the Authority’s website at http://www.mas.gov.sg as an ASEAN participant country;

Amended byS 132/2019 wef 14/03/2019

Definition

“asset‑backed securities” has the meaning given by section 262(3) of the Act;

Definition

“continuously issued structured notes” means structured notes —

(a)

that are issued and offered by a specified financial institution in the ordinary course of its business; and

(b)

of which the terms applicable to each offer are negotiated and agreed upon over‑the‑counter, at the time of the transaction, between the specified financial institution and the person to whom the offer is made;

Definition

“Plain Debt Securities” has the meaning given by the ASEAN Debt Securities Disclosure Standards;

Definition

“reference assets”, in relation to an offer of structured notes, means —

(a)

any securities, securities‑based derivatives contracts, equity interest, commodity or index;

(b)

any basket consisting of any securities, securities‑based derivatives contracts, equity interests, commodities or indices;

(c)

any entity or basket of entities; or

(d)

any interest rates or currency exchange rates,which payments to holders of the structured notes are or will be linked to;

Definition

“securitisation transaction” has the meaning given by section 262(3) of the Act;

Definition

“specified financial institution”, “structured notes” and “synthetic securitisation transaction” have the meanings given by section 240AA(5) of the Act.

Subregulation 2

Any word or expression used in these Regulations that is defined in section 239 of the Act has the meaning given by that section.

Subregulation 3

Any word or expression used in the Fifth to Nineteenth Schedules is, unless the context otherwise requires, to be interpreted in accordance with this regulation and the Fourth Schedule.