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Subsidiary Legislation

Securities and Futures (Organised Markets) Regulations 2018

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Part 1

Preliminary

Official textFrom Singapore Statutes Online, unchanged

reg 1Citation and commencement

These Regulations are the Securities and Futures (Organised Markets) Regulations 2018 and, except for regulation 12, come into operation on 8 October 2018.

(2)

Regulation 12 comes into operation on 1 October 2018.

Subregulation 1

These Regulations are the Securities and Futures (Organised Markets) Regulations 2018 and, except for regulation 12, come into operation on 8 October 2018.

Subregulation 2

Regulation 12 comes into operation on 1 October 2018.

reg 2Definitions

In these Regulations —“accounting standards” means the accounting standards made or formulated by the Accounting Standards Committee under Part 3 of the Accounting Standards Act 2007;“associate”, in relation to an entity (called in this definition the first entity), means —

(a)

any entity in which the first entity controls the composition of the board of directors or such corresponding officers as may be prescribed;

(b)

any entity in which the first entity controls more than half of the voting power or such measure corresponding to voting power as may be prescribed;

(c)

any entity in which the first entity holds more than half of the total number of issued shares or such corresponding interest as may be prescribed;

(d)

a subsidiary of any other entity which is an associate by reason of paragraph (a), (b) or (c);

(e)

any entity (called in this paragraph the second entity) in which —

(i)

the first entity; or

(ii)

any entity which is an associate by reason of paragraph (a), (b), (c) or (d),has, or the entities in sub‑paragraphs (i) and (ii) together have, an interest in shares entitling the beneficial owners of those interests the right to cast (whether by proxy or in person) not less than 20% but not more than 50% of the total votes able to be cast at a general meeting of the second entity, or such corresponding interest as may be prescribed; or

(f)

any entity (not being one which is an associate by reason of paragraph (a), (b), (c), (d) or (e)) the policies of which —

(i)

the first entity; or

(ii)

any entity which is an associate by reason of paragraph (a), (b), (c), (d) or (e),is, or the entities in sub‑paragraphs (i) and (ii) together are, able to control or influence materially;“Guidelines on Fit and Proper Criteria” means the document by that title issued by the Authority and published on its website, as revised from time to time;“issued securities” and “issued units in collective investment schemes” have the meanings given by paragraph 1(3) of the First Schedule to the Act;“over‑the‑counter derivatives contract” means a derivatives contract other than an exchange‑traded derivatives contract;“Singapore exchange‑traded derivatives contracts market operator” means a recognised market operator that —

(a)

is a Singapore corporation within the meaning given by section 6 of the Act; and

(b)

operates an organised market at which offers or invitations to exchange, sell or purchase exchange‑traded derivatives contracts are made.

“accounting standards” means the accounting standards made or formulated by the Accounting Standards Committee under Part 3 of the Accounting Standards Act 2007;

“associate”, in relation to an entity (called in this definition the first entity), means —

(a)

any entity in which the first entity controls the composition of the board of directors or such corresponding officers as may be prescribed;

(b)

any entity in which the first entity controls more than half of the voting power or such measure corresponding to voting power as may be prescribed;

(c)

any entity in which the first entity holds more than half of the total number of issued shares or such corresponding interest as may be prescribed;

(d)

a subsidiary of any other entity which is an associate by reason of paragraph (a), (b) or (c);

(e)

any entity (called in this paragraph the second entity) in which —

(i)

the first entity; or

(ii)

any entity which is an associate by reason of paragraph (a), (b), (c) or (d),has, or the entities in sub‑paragraphs (i) and (ii) together have, an interest in shares entitling the beneficial owners of those interests the right to cast (whether by proxy or in person) not less than 20% but not more than 50% of the total votes able to be cast at a general meeting of the second entity, or such corresponding interest as may be prescribed; or

(f)

any entity (not being one which is an associate by reason of paragraph (a), (b), (c), (d) or (e)) the policies of which —

(i)

the first entity; or

(ii)

any entity which is an associate by reason of paragraph (a), (b), (c), (d) or (e),is, or the entities in sub‑paragraphs (i) and (ii) together are, able to control or influence materially;

“Guidelines on Fit and Proper Criteria” means the document by that title issued by the Authority and published on its website, as revised from time to time;

“issued securities” and “issued units in collective investment schemes” have the meanings given by paragraph 1(3) of the First Schedule to the Act;

“over‑the‑counter derivatives contract” means a derivatives contract other than an exchange‑traded derivatives contract;

“Singapore exchange‑traded derivatives contracts market operator” means a recognised market operator that —

(a)

is a Singapore corporation within the meaning given by section 6 of the Act; and

(b)

operates an organised market at which offers or invitations to exchange, sell or purchase exchange‑traded derivatives contracts are made.

reg 3Forms

Any reference in these Regulations to a numbered form is a reference to the current version of the form bearing the corresponding number displayed on the Authority’s website at http://www.mas.gov.sg.

reg 4Fees

The fees specified in the Schedule are payable to the Authority for the purposes specified in that Schedule.

reg 5Keeping of books and other information

Every approved exchange and every recognised market operator must ensure that all relevant books and information that are required by the Authority for the purposes of the Act are kept —

(a)

in the case of any relevant book, until at least 5 years after the last date of the expiry or termination of a contract, an agreement or a transaction to which the book relates; or

(b)

in the case of any information, until at least 5 years after the date of the expiry or termination of the contract, agreement or transaction to which the information relates.

Part 2

Approval and Recognition

Part 3

Regulation of Approved Exchanges

Part 4

Regulation of Recognised Market Operators

Part 5

Miscellaneous

Part 6

Revocation and Saving and Transitional Provisions