Singapore legislation

Regulation 8

of Securities and Futures (Organised Markets) Regulations 2018

Regulation 8

Obligation to notify Authority of certain matters

Amended byS 68/2025 wef 24/01/2025S 68/2025 wef 24/01/2025S 68/2025 wef 24/01/2025S 68/2025 wef 24/01/2025S 68/2025 wef 24/01/2025S 68/2025 wef 24/01/2025S 68/2025 wef 24/01/2025S 68/2025 wef 24/01/2025S 493/2025 wef 01/10/2025S 493/2025 wef 01/10/2025S 493/2025 wef 01/10/2025S 493/2025 wef 01/10/2025S 493/2025 wef 01/10/2025S 68/2025 wef 24/01/2025

Subregulation 1

Amended byS 68/2025 wef 24/01/2025S 68/2025 wef 24/01/2025S 68/2025 wef 24/01/2025S 68/2025 wef 24/01/2025S 68/2025 wef 24/01/2025S 68/2025 wef 24/01/2025S 68/2025 wef 24/01/2025

For the purposes of section 16(1)(g)(i) of the Act, an approved exchange must, as soon as practicable after the occurrence of any of the following circumstances, notify the Authority of the circumstance:

(a)

any civil or criminal legal proceeding instituted against the approved exchange, whether in Singapore or elsewhere;

(b)

any disciplinary action taken against the approved exchange by any regulatory authority, whether in Singapore or elsewhere, other than the Authority;

(c)

any change to the regulatory requirements imposed on the approved exchange by any regulatory authority, whether in Singapore or elsewhere, other than the Authority, that will have an impact on the approved exchange;

(d)

any compromise of the integrity or security of the transmission or storage of any user information of the approved exchange;

(e)

any action taken or intended to be taken to restore the integrity and security of the transmission or storage of that user information;

(f)

the approved exchange becomes aware of any development (including any development in relation to any associate of the approved exchange or any other entity treated as part of the approved exchange’s group of companies according to the accounting standards applicable to the approved exchange) that has occurred or is likely to occur which the approved exchange has reasonable grounds to believe has materially and adversely affected, or is likely to materially and adversely affect —

(i)

the financial soundness or reputation of the approved exchange; or

(ii)

the approved exchange’s ability to conduct its business;

(g)

the approved exchange becomes aware that its chairperson, chief executive officer or director or a person who holds an appointment mentioned in section 28(2) of the Act is, in accordance with the Guidelines on Fit and Proper Criteria, no longer fit and proper to hold that office or appointment;

(h)

the approved exchange becomes aware that a substantial shareholder, 12% controller or 20% controller of the approved exchange is, in accordance with the Guidelines on Fit and Proper Criteria, no longer fit and proper to be a substantial shareholder, 12% controller or 20% controller (as the case may be) of the approved exchange;

(i)

the approved exchange becomes aware that it is not likely to be able to conduct its business prudently or to comply with the provisions of the Act and directions made thereunder, having regard to the likely influence over the approved exchange of a substantial shareholder, 12% controller or 20% controller of the approved exchange.

Subregulation 1A

Amended byS 68/2025 wef 24/01/2025

In paragraph (1), “12% controller” and “20% controller” have the meanings given by section 27(3) of the Act.

Subregulation 2

Amended byS 493/2025 wef 01/10/2025S 493/2025 wef 01/10/2025

For the purposes of section 16(4) of the Act, the matters that an approved exchange must notify the Authority of are as follows:

(a)

any disruption, suspension or termination of, or delay in, any trading procedure or trading practice of the approved exchange (including any disruption, suspension, termination or delay resulting from any system failure) that —

(i)

has a severe and widespread impact on the approved exchange’s operations; or

(ii)

materially impacts the approved exchange’s service to its participants;

(b)

any other disruption, suspension or termination of, or delay in, any trading procedure or trading practice of the approved exchange (including any disruption, suspension, termination or delay resulting from any system failure);

(c)

any intention on the part of the approved exchange to enter into negotiations to establish a trading linkage, clearing arrangement or cooperative arrangement with any person establishing or operating any other organised market, clearing facility or trade repository;

(d)

any intention on the part of the approved exchange to enter into a loan arrangement in the capacity of a debtor, guarantor or security provider, including an arrangement to issue debentures, but excluding a credit facility obtained for the purpose of managing its liquidity positions for its day-to-day activities or exposures.

Subregulation 3

Amended byS 493/2025 wef 01/10/2025S 493/2025 wef 01/10/2025S 493/2025 wef 01/10/2025

For the purposes of section 16(4) of the Act, an approved exchange must notify the Authority —

(a)

of a matter mentioned in paragraph (2)(a) no later than one hour after the discovery by the approved exchange of the disruption, suspension, termination or delay;

(b)

of a matter mentioned in paragraph (2)(b) no later than one day after the discovery by the approved exchange of the disruption, suspension, termination or delay; (c)of a matter mentioned in paragraph (2)(c) no later than 14 days before the date on which the negotiations are intended to start; and

(d)

of a matter mentioned in paragraph (2)(d) no later than 14 days before the date on which the approved exchange enters into the loan arrangement, or such shorter period before that date as the Authority may allow in any particular case where the Authority is satisfied that —

(i)

it is necessary for the approved exchange to enter into the loan arrangement urgently because of any market or economic conditions, whether prevailing or anticipated, that affect or may affect any term of the loan arrangement; or

(ii)

it is necessary for the approved exchange to enter into the loan arrangement urgently to achieve any of its business or strategic objectives.

Subregulation 4

Amended byS 68/2025 wef 24/01/2025

Where a matter mentioned in paragraph (1)(a) or (b) or (2)(a) or (b), or a development mentioned in paragraph (1)(f), has occurred, the approved exchange must, in addition to notifying the Authority of the matter or development under section 16(1) or (4) of the Act (as the case may be), submit, within 14 days or such longer period as the Authority may allow, after the occurrence, a report to the Authority stating —

(a)

the circumstances relating to the occurrence;

(b)

the remedial actions taken at the time of the occurrence; and

(c)

the subsequent follow‑up actions that the approved exchange has taken or intends to take.

Subregulation 5

In paragraph (2)(c), “cooperative arrangement” does not include —

(a)

any joint development of products and services;

(b)

any joint marketing efforts between the approved exchange and the person mentioned in paragraph (2)(c) in promoting the services of any organised market, clearing facility or trade repository established or operated by the approved exchange or that person; or

(c)

any memoranda of understanding for the exchange of information.