Singapore legislation
Regulation 10A
of Securities and Futures (Reporting of Derivatives Contracts) Regulations 2013
Regulation 10A
Exemption for holder of capital markets services licence
Subregulation 1
A holder of a capital markets services licence is exempt from reporting under section 125(1) and (2) of the Act, any item of information in the first column of the table in Part 1 of the Third Schedule (called in this regulation the Table) on a relevant specified derivatives contract in any of the following circumstances:
where the holder was, immediately before 21 October 2024, exempt from reporting any matter on that derivatives contract under regulation 10A of the old Regulations;
where all of the following conditions are satisfied:
the holder becomes a specified person on or after 18 October 2024;
the derivatives contract was executed before the date on which the holder becomes a specified person;
the condition in paragraph (4) is satisfied as of the first business day after the date on which the holder becomes a specified person;
where both of the following conditions are satisfied:
the derivatives contract was executed on or after 18 October 2024;
the condition in paragraph (4) is satisfied as of the first business day after the execution of the derivatives contract.
Subregulation 2
Subject to paragraph (3), a holder of a capital markets services licence —
is exempt from reporting under section 125(1) and (2) of the Act, the information in item 2, 3 or 6 of the first column of the Table (whichever is applicable) on the termination of a relevant specified derivatives contract, if the condition in paragraph (4) is satisfied as of the first business day after the termination of the derivatives contract; and
is exempt from reporting under section 125(1) and (2) of the Act, any amendment, modification, variation or change to any information mentioned in item 4 or 7 of the first column of the Table (whichever is applicable), if the condition in paragraph (4) is satisfied as of the first business day after the amendment, modification, variation or change occurs.
Subregulation 3
A holder of a capital markets services licence is exempt from reporting an item of information under paragraph (2) only if it is not exempt under paragraph (1) from reporting that item of information.
Subregulation 4
For the purpose of paragraphs (1) and (2), the condition is —
the counterparty to the relevant specified derivatives contract is not an accredited investor or an institutional investor; or
where the counterparty to the relevant specified derivatives contract is an accredited investor or institutional investor, the holder’s aggregate gross notional amount of the specified derivatives contracts to which the holder is a party or which the holder executes or causes to be executed as an agent of a party to the contract, which are booked in Singapore or traded in Singapore, and which are entered into with counterparties who are accredited investors or institutional investors, for the year ending on the last day of a quarter, does not exceed $5 billion —
for the most recent completed quarter; and
for each of the 3 consecutive quarters immediately preceding that quarter.
Subregulation 5
For the purpose of paragraph (4) —
the reference to the holder’s aggregate gross notional amount of the specified derivatives contracts to which the holder is a party or which the holder executes or causes to be executed as an agent of a party to the contract, which are booked in Singapore or traded in Singapore, and which are entered into with counterparties who are accredited investors or institutional investors, for the year ending on the last day of a quarter, has the same meaning as in regulation 6(4)(a) except that —
any reference to person in that provision is a reference to the holder; and
the reference to specified derivatives contracts to which a person is a party and which are booked in Singapore or traded in Singapore in that provision is a reference to specified derivatives contracts to which the holder is a party or which the holder executes or causes to be executed as an agent of a party to the contract, which are booked in Singapore or traded in Singapore, and which are entered into with counterparties who are accredited investors or institutional investors; and
the gross notional amount of the specified derivatives contracts to which the holder is a party or which the holder executes or causes to be executed as an agent of a party to the contract, which are booked in Singapore or traded in Singapore, and which are entered into with counterparties who are accredited investors or institutional investors, for any quarter, has the same meaning as in regulation 6(4)(b) except that —
any reference to person in that provision is a reference to the holder; and
the reference to specified derivatives contracts to which a person is a party and which are booked in Singapore or traded in Singapore in that provision is a reference to specified derivatives contracts to which the holder is a party or which the holder executes or causes to be executed as an agent of a party to the contract, which are booked in Singapore or traded in Singapore, and which are entered into with counterparties who are accredited investors or institutional investors.
Subregulation 6
In this regulation, “relevant specified derivatives contract”, in relation to a holder of a capital markets services licence, means —
a specified derivatives contract to which the holder is a party; or
a specified derivatives contract which the holder has executed or caused to be executed as an agent of a party to the contract.