Singapore legislation

Regulation 14

of Financial Advisers Regulations

Regulation 14

Duties of licensed financial adviser

Amended byS 383/2012 wef 07/08/2012S 166/2013 wef 28/03/2013

Subregulation 1

A licensed financial adviser shall —

(a)

comply with all laws and rules governing the operations of the financial adviser; and

(b)

in a manner that is commensurate with the nature, scale and complexity of its business —

(i)

implement, and ensure compliance with, effective written policies on all operational areas of the financial adviser, including the financial adviser’s financial policies, and accounting and internal controls; and (ii)put in place compliance function and arrangements including specifying the roles and responsibilities of officers and employees of the financial adviser in helping to ensure its compliance with all applicable laws, codes of conduct and standards of good practice in order to protect investors and reduce its risk of incurring legal or regulatory sanctions that may be imposed by the Authority or any other public authority, financial loss, and reputational damage;

(iii)

identify, address and monitor the risks associated with the business activities of the financial adviser; (iv)ensure that the business activities of the financial adviser are subject to compliance checks; (v)set out in writing the limits of the discretionary powers of each officer, committee, sub-committee or other group of persons of the financial adviser empowered to commit the financial adviser to any financial undertaking or to expose the financial adviser to any reputational risk;

(vi)

keep a written record of the steps taken by the financial adviser to monitor compliance with its policies, its accounting and operating procedures, and the limits on discretionary powers; (vii)ensure the accuracy, correctness and completeness of any report, return or statement submitted by the financial adviser to the Authority; and

(viii)

ensure effective controls and segregation of duties to mitigate potential conflicts of interest that may arise from the operations of the financial adviser.

Subregulation 2

Amended byS 383/2012 wef 07/08/2012S 166/2013 wef 28/03/2013

Any licensed financial adviser which contravenes paragraph (1) shall be guilty of an offence.