Singapore legislation

Regulation 2

of Trust Companies (Exemption) Regulations

Regulation 2

Definitions

Amended byS 230/2023 wef 31/12/2021S 230/2023 wef 31/12/2021S 447/2016 wef 30/09/2016S 230/2023 wef 31/12/2021S 447/2016 wef 30/09/2016S 230/2023 wef 31/12/2021S 447/2016 wef 30/09/2016S 230/2023 wef 31/12/2021S 447/2016 wef 30/09/2016S 230/2023 wef 31/12/2021S 447/2016 wef 30/09/2016S 230/2023 wef 31/12/2021S 447/2016 wef 30/09/2016S 230/2023 wef 31/12/2021

In these Regulations, unless the context otherwise requires —“accounting corporation” means a company approved as an accounting corporation under the Accountants Act 2004;[Deleted by S 447/2016 wef 30/09/2016]“charity”, in relation to a private trust company, means any trust, foundation, company or other body established solely for a purpose recognised as charitable by the governing law of the trust in respect of which the private trust company provides trust business services;“connected person” —

(a)

in relation to an individual, means —

(i)

the persons listed in the Schedule; or

(ii)

a firm or a corporation in which the individual or any of the persons listed in the Schedule has, in aggregate, control of not less than 20% of the voting power in the firm or corporation, whether such control is exercised individually or jointly;

(b)

in relation to a firm, means another firm in which the first-mentioned firm has control of not less than 20% of the voting power in that other firm; and

(c)

in relation to a corporation, means —

(i)

an employee or a former employee of the corporation;

(ii)

a director or former director of the corporation; or

(iii)

another corporation in which the first-mentioned corporation or any of the persons mentioned in sub-paragraph (i) or (ii) has, in aggregate, control of not less than 20% of the voting power in that other corporation,and a reference in these Regulations to a person connected to another person shall be construed accordingly;“debenture” has the same meaning as in section 2(1) of the Securities and Futures Act 2001;“foreign practitioner” means a foreign lawyer registered under section 36B of the Legal Profession Act 1966 who practises in a Singapore law practice, Joint Law Venture or Qualifying Foreign Law Practice;“Formal Law Alliance” has the same meaning as in section 2(1) of the Legal Profession Act 1966;“introducing activities” means —

(a)

introducing any client to any person in relation to the provision of any trust business services provided by the person; or

(b)

recording the particulars of any client and forwarding such particulars to any person providing trust business services with the client’s consent;[Deleted by S 447/2016 wef 30/09/2016]“Joint Law Venture” has the same meaning as in section 2(1) of the Legal Profession Act 1966;“overseas person” means a person —

(a)

who is not resident, established or incorporated in Singapore; and

(b)

who has no place of business in Singapore in or from which that person carries on trust business;“practising solicitor” means a solicitor who has in force a practising certificate issued under section 25 of the Legal Profession Act 1966, and who practises in a Singapore law practice, Joint Law Venture or Qualifying Foreign Law Practice;“private trust company” means a corporation —

(a)

the purpose of which is solely to provide trust business services in respect of a specific trust or of specific trusts where —

(i)

each settlor of such a trust is a connected person in relation to any other settlor of any other trust to which the corporation provides trust business services; and

(ii)

each beneficiary of such a trust is a connected person in relation to the settlor of that trust or a charity; and

(b)

that does not solicit trust business from, or provide trust business services to, the public;“public accountant” has the same meaning as in the Accountants Act 2004;“Qualifying Foreign Law Practice” and “Singapore law practice” have the same meanings as in section 2(1) of the Legal Profession Act 1966.

Definition

“accounting corporation” means a company approved as an accounting corporation under the Accountants Act 2004;

Amended byS 230/2023 wef 31/12/2021

Definition

“charity”, in relation to a private trust company, means any trust, foundation, company or other body established solely for a purpose recognised as charitable by the governing law of the trust in respect of which the private trust company provides trust business services;

Definition

“connected person” —

(a)

in relation to an individual, means —

(i)

the persons listed in the Schedule; or

(ii)

a firm or a corporation in which the individual or any of the persons listed in the Schedule has, in aggregate, control of not less than 20% of the voting power in the firm or corporation, whether such control is exercised individually or jointly;

(b)

in relation to a firm, means another firm in which the first-mentioned firm has control of not less than 20% of the voting power in that other firm; and

(c)

in relation to a corporation, means —

(i)

an employee or a former employee of the corporation;

(ii)

a director or former director of the corporation; or

(iii)

another corporation in which the first-mentioned corporation or any of the persons mentioned in sub-paragraph (i) or (ii) has, in aggregate, control of not less than 20% of the voting power in that other corporation,and a reference in these Regulations to a person connected to another person shall be construed accordingly;

Definition

“debenture” has the same meaning as in section 2(1) of the Securities and Futures Act 2001;

Amended byS 230/2023 wef 31/12/2021

Definition

“foreign practitioner” means a foreign lawyer registered under section 36B of the Legal Profession Act 1966 who practises in a Singapore law practice, Joint Law Venture or Qualifying Foreign Law Practice;

Amended byS 447/2016 wef 30/09/2016S 230/2023 wef 31/12/2021

Definition

“Formal Law Alliance” has the same meaning as in section 2(1) of the Legal Profession Act 1966;

Amended byS 447/2016 wef 30/09/2016S 230/2023 wef 31/12/2021

Definition

“introducing activities” means —

(a)

introducing any client to any person in relation to the provision of any trust business services provided by the person; or

(b)

recording the particulars of any client and forwarding such particulars to any person providing trust business services with the client’s consent;

Definition

“Joint Law Venture” has the same meaning as in section 2(1) of the Legal Profession Act 1966;

Amended byS 447/2016 wef 30/09/2016S 230/2023 wef 31/12/2021

Definition

“overseas person” means a person —

(a)

who is not resident, established or incorporated in Singapore; and

(b)

who has no place of business in Singapore in or from which that person carries on trust business;

Definition

“practising solicitor” means a solicitor who has in force a practising certificate issued under section 25 of the Legal Profession Act 1966, and who practises in a Singapore law practice, Joint Law Venture or Qualifying Foreign Law Practice;

Amended byS 447/2016 wef 30/09/2016S 230/2023 wef 31/12/2021

Definition

“private trust company” means a corporation —

(a)

the purpose of which is solely to provide trust business services in respect of a specific trust or of specific trusts where —

(i)

each settlor of such a trust is a connected person in relation to any other settlor of any other trust to which the corporation provides trust business services; and

(ii)

each beneficiary of such a trust is a connected person in relation to the settlor of that trust or a charity; and

(b)

that does not solicit trust business from, or provide trust business services to, the public;

Definition

“public accountant” has the same meaning as in the Accountants Act 2004;

Amended byS 447/2016 wef 30/09/2016S 230/2023 wef 31/12/2021

Definition

“Qualifying Foreign Law Practice” and “Singapore law practice” have the same meanings as in section 2(1) of the Legal Profession Act 1966.

Amended byS 447/2016 wef 30/09/2016S 230/2023 wef 31/12/2021