Singapore legislation

Regulation 40C

of Financial Advisers Regulations

Regulation 40C

Definitions of this Part

Amended byS 222/2023 wef 31/12/2021S 222/2023 wef 31/12/2021S 222/2023 wef 31/12/2021S 222/2023 wef 31/12/2021S 815/2015 wef 01/01/2016S 222/2023 wef 31/12/2021

In this Part —“associate”, in relation to a licensed international market agent or an applicant for an international market agent licence, has the same meaning as in regulation 2(2) of the Casino Control (Casino Marketing Arrangements) Regulations 2013 (G.N. No. S 65/2013);“client” includes prospective client;“estate agent” has the same meaning as in section 3(1) of the Estate Agents Act 2010;“exempt financial adviser” means a person who is exempted from holding a financial adviser’s licence under section 20(1)(a), (b), (c), (d) or (e) of the Act;“international market agent” and “international market agent licence” have the same meanings as in section 2(1) of the Casino Control Act 2006;“investment” means any tangible or intangible asset that is acquired or held by a person with the expectation of financial return or benefit in future;“licensed estate agent” has the same meaning as in section 3(1) of the Estate Agents Act 2010;“non‑financial advisory service” means a service other than a financial advisory service;“referral activity” means —

(a)

referring a client to a relevant person (referred to in regulation 40D(2)) for the provision of any non‑financial advisory service or any product in relation to such service; or

(b)

the activity referred to in paragraph (a) and either or both of the following:

(i)

recording the particulars of a client and forwarding such particulars to a relevant person with the client’s consent;

(ii)

providing factual information to a client on any product or service in relation to any non‑financial advisory service provided by the relevant person, including (where applicable) information on —

(A)

the name of the product or service;

(B)

the product or service provider; or

(C)

any fee or charge which may be imposed,and “refer” and “referrals” are to be construed accordingly;“revenue” means fees, brokerage, commissions and income earned in the ordinary course of business of the licensed financial adviser;“salesperson” has the same meaning as in section 3(1) of the Estate Agents Act 2010.

Definition

“associate”, in relation to a licensed international market agent or an applicant for an international market agent licence, has the same meaning as in regulation 2(2) of the Casino Control (Casino Marketing Arrangements) Regulations 2013 (G.N. No. S 65/2013);

Definition

“client” includes prospective client;

Definition

“estate agent” has the same meaning as in section 3(1) of the Estate Agents Act 2010;

Amended byS 222/2023 wef 31/12/2021

Definition

“exempt financial adviser” means a person who is exempted from holding a financial adviser’s licence under section 20(1)(a), (b), (c), (d) or (e) of the Act;

Amended byS 222/2023 wef 31/12/2021

Definition

“international market agent” and “international market agent licence” have the same meanings as in section 2(1) of the Casino Control Act 2006;

Amended byS 222/2023 wef 31/12/2021

Definition

“investment” means any tangible or intangible asset that is acquired or held by a person with the expectation of financial return or benefit in future;

Definition

“licensed estate agent” has the same meaning as in section 3(1) of the Estate Agents Act 2010;

Amended byS 222/2023 wef 31/12/2021

Definition

“non‑financial advisory service” means a service other than a financial advisory service;

Definition

“referral activity” means —

(a)

referring a client to a relevant person (referred to in regulation 40D(2)) for the provision of any non‑financial advisory service or any product in relation to such service; or

(b)

the activity referred to in paragraph (a) and either or both of the following:

(i)

recording the particulars of a client and forwarding such particulars to a relevant person with the client’s consent;

(ii)

providing factual information to a client on any product or service in relation to any non‑financial advisory service provided by the relevant person, including (where applicable) information on —

(A)

the name of the product or service;

(B)

the product or service provider; or

(C)

any fee or charge which may be imposed,and “refer” and “referrals” are to be construed accordingly;

Definition

“revenue” means fees, brokerage, commissions and income earned in the ordinary course of business of the licensed financial adviser;

Definition

“salesperson” has the same meaning as in section 3(1) of the Estate Agents Act 2010.

Amended byS 815/2015 wef 01/01/2016S 222/2023 wef 31/12/2021