Singapore legislation

Regulation 35

of Financial Advisers Regulations

Regulation 35

Exemption from section 45 of Act

Amended byS 294/2019 wef 08/10/2018S 362/2005 wef 01/07/2005S 716/2010 wef 26/11/2010S 222/2023 wef 31/12/2021S 362/2005 wef 01/07/2005S 294/2019 wef 08/10/2018S 222/2023 wef 31/12/2021S 362/2005 wef 01/07/2005S 716/2010 wef 26/11/2010S 222/2023 wef 31/12/2021

Subregulation 1

Amended byS 294/2019 wef 08/10/2018S 362/2005 wef 01/07/2005S 716/2010 wef 26/11/2010S 222/2023 wef 31/12/2021

Section 45 of the Act shall not apply to a licensed financial adviser, an exempt financial adviser, or any of its appointed or provisional representatives when sending a circular or other similar written communication in which a recommendation is made in respect of —

(a)

any specified product to any of the following:

(i)

an expert investor; (ii)an accredited investor; (iii)an ex-accredited investor who is an existing customer of the licensed financial adviser or exempt financial adviser (as the case may be) but only in respect of the sending of any circular or other similar written communication in which a recommendation is made by the licensed financial adviser, the exempt financial adviser, or any of its appointed or provisional representatives in the period from 8 October 2018 to 7 April 2019 (both dates inclusive); or

(b)

any Government securities.

Subregulation 2

Amended byS 362/2005 wef 01/07/2005S 294/2019 wef 08/10/2018S 222/2023 wef 31/12/2021

Where a licensed financial adviser, an exempt financial adviser, or any of its appointed or provisional representatives, provides any financial advisory service in the circumstances specified in paragraph (1), the licensed financial adviser, exempt financial adviser or appointed or provisional representative, as the case may be, shall disclose the exemption under that paragraph to the accredited investor, expert investor or ex-accredited investor, as the case may be, unless the accredited investor, expert investor or ex-accredited investor is —

(a)

an institutional investor;

(b)

a related corporation of the licensed financial adviser or exempt financial adviser, as the case may be;

(c)

a person who is connected to the licensed financial adviser or exempt financial adviser, as the case may be; or

(d)

an approved headquarters company or approved Finance and Treasury Centre which carries on business involving the provision of all or any type of financial advisory service, where such business has been approved as a qualifying service in relation to that headquarters company or Finance and Treasury Centre under section 43D(2)(a) or 43E(2)(a) of the Income Tax Act 1947, as the case may be.

Subregulation 3

Amended byS 362/2005 wef 01/07/2005S 716/2010 wef 26/11/2010S 222/2023 wef 31/12/2021

Any person who contravenes paragraph (2) shall be guilty of an offence.