Singapore legislation
Regulation 37
Regulation 37
Reporting requirements for exempt financial advisers
Subregulation 1
A person who is exempt from holding a financial adviser’s licence under section 20(1)(a), (b), (c), (d) or (e) of the Act shall lodge with the Authority —
where the person arranges contracts of insurance in respect of life policies, but is not an insurer which arranges contracts of insurance in respect of life policies on its own behalf, a statement of placement of direct life insurance business handled by the person in Form 16 within 5 months after the end of its financial year or such longer period as the Authority may approve;
unless sub-paragraph (ba) applies, where the person commences business in —
any financial advisory service or any additional financial advisory service; or
any financial advisory service in respect of any additional type of investment product,a notice of such commencement in Form 26 not later than 14 days prior to the commencement or such later date as the Authority may allow in any particular case; or
(ba)where immediately before 8 October 2018, the person carried on a business of providing any financial advisory service specified in paragraph 1 or 2 of the Second Schedule to the Act in respect of any specified investment product, a notice of this fact in Form 26 not later than 36 months after 8 October 2018 or such later date as the Authority may allow in any particular case;
where there is any change in any particulars required to be notified in —
Form 26 under sub-paragraph (b) or (ba);
Form 20 under regulation 37(1)(b) of these Regulations in force immediately before 26th November 2010; or
Form 21 under regulation 37(1)(c) of these Regulations in force immediately before 26th November 2010,a notice of such change in Form 27, not later than 14 days after the date of change or such later date as the Authority may allow in any particular case;
where the person ceases business in any or all financial advisory service, or any financial advisory service in respect of any investment product, for which notice has been given in —
Form 26 under sub‑paragraph (b) or (ba);
Form 20 under regulation 37(1)(b) of these Regulations in force immediately before 26th November 2010; or
Form 21 under regulation 37(1)(d) of these Regulations in force immediately before 26th November 2010,a notice of such cessation in Form 28, not later than 14 days after the cessation or such later date as the Authority may allow; (da)where an appointed representative or a provisional representative of the person ceases to act as a representative in relation to any financial advisory service in respect of any investment product that is indicated against the name of the representative in the public register of representatives, a notice of such cessation in Form 10 not later than the next business day after the date of such cessation; and
where the person arranges contracts of insurance in respect of life policies and is required to maintain an insurance broking account under section 41(1) of the Act, an audited statement of the insurance broking premium account in Form 24 within 5 months after the end of its financial year or such longer period as the Authority may approve.
Subregulation 2
A person referred to in regulation 27(1)(d) shall lodge with the Authority —
a notice of commencement of business in Form 20 not later than 14 days after the date of commencement of its business as a financial adviser;
a notice of change of particulars in Form 21 providing any change in the particulars required to be notified under sub-paragraph (a) not later than 14 days after the date of the change;
a notice of cessation of business in Form 22 not later than 14 days after the date of cessation of its business as a financial adviser; and
a declaration in Form 23 within 14 days after the end of its financial year or such longer period as the Authority may approve.
Subregulation 3
A person referred to in regulation 27(1)(d) who has, at any time before 1st October 2002, lodged a notice of commencement of business in the prescribed form —
under regulation 22A(5)(a)(i) of the revoked Futures Trading Regulations (Cap. 116, Rg 1, 1998 Ed.) in relation to the activity specified in paragraph (a) or (b) of the definition of “futures trading adviser” in section 2(1) of the repealed Futures Trading Act (Cap. 116, 1986 Ed.), or both activities; or
under regulation 41(5)(a) of the revoked Securities Industry Regulations (Cap. 289, Rg 1, 1995 Ed.) in relation to the activity specified in paragraph (a) or (b) of the definition of “investment adviser” in section 2(1) of the repealed Securities Industry Act (Cap. 289, 1986 Ed.), or both activities,shall be deemed to have lodged a notice of commencement of business in compliance with paragraph (2)(a).
Subregulation 4
Any person who contravenes paragraph (1) or (2) shall be guilty of an offence.