Singapore legislation

Regulation 4

of Financial Advisers (Exemption for Cross-Border Arrangements) (Foreign Related Corporations) Regulations 2021

Regulation 4

Exemption for FRCs of specified financial advisers carrying on qualifying businesses providing certain financial advisory services under cross‑border arrangements, and their foreign representatives

Amended byS 224/2023 wef 31/12/2021S 224/2023 wef 31/12/2021

Subregulation 1

Paragraph (2) applies to an FRC of a specified financial adviser where —

(a)

all the circumstances mentioned in regulation 6(1) are present; and

(b)

the qualifying business of the FRC is carried on by the FRC under a cross‑border arrangement and commences on or after 9 October 2021.

Subregulation 2

Amended byS 224/2023 wef 31/12/2021

The FRC mentioned in paragraph (1) is exempt from the following provisions in respect of any financial advisory service provided under the qualifying business:

(a)

sections 6(1), 19 and 21 of the Act; (b)regulations 18B, 20, 21, 22, and 22D of the Financial Advisers Regulations.

Subregulation 3

The specified financial adviser of an FRC mentioned in paragraph (1) and exempt under paragraph (2) must lodge with the Authority a notice setting out the details of the cross‑border arrangement in Form FN by the 14th day after the day on which the qualifying business commences.

Subregulation 4

An FRC of a specified financial adviser ceases to be exempt under paragraph (2) —

(a)

in the case where the specified financial adviser fails to lodge with the Authority a notice setting out the details of the cross‑border arrangement in accordance with paragraph (3) — on the day immediately after the day mentioned in paragraph (3); or

(b)

in any other case — on the day on which any of the circumstances mentioned in regulation 6(1) ceases to be present.

Subregulation 5

Amended byS 224/2023 wef 31/12/2021

A foreign representative of an FRC exempt under paragraph (2), when acting as a representative of the FRC in respect of the financial advisory service that is the subject of an exemption under that paragraph, is exempt from —

(a)

sections 19, 21 and 22(2) of the Act; and

(b)

regulations 21(3), 22 and 22D of the Financial Advisers Regulations.