Singapore legislation

Regulation 2

of Financial Holding Companies (Corporate Governance of Designated Financial Holding Companies with Bank Subsidiary) Regulations 2022

Regulation 2

Definitions

Subregulation 1

In these Regulations, unless the context otherwise requires —

Definition

“affiliate”, in relation to a substantial shareholder of a DFHC, means any company that is an associate of the substantial shareholder, other than —

(a)

the DFHC and any company in which the DFHC acquires or holds, directly or indirectly, a major stake; or

(b)

where the DFHC is a subsidiary of another FHC — the second‑mentioned FHC and any company in which the second‑mentioned FHC acquires or holds, directly or indirectly, a major stake;

Definition

“associate” has the meaning given by paragraph 1 of the Schedule to the Act;

Definition

“Audit Committee” means an Audit Committee mentioned in regulation 15;

Definition

“Board” —

(a)

in relation to a DFHC (Bank) — means the board of directors of the DFHC (Bank); or

(b)

in relation to a major stake financial company — means the board of directors of the major stake financial company;

Definition

“designated FHC” or “DFHC” means a designated financial holding company;

Definition

“designated FHC with bank subsidiary” or “DFHC (Bank)” means a DFHC that has a subsidiary that is a bank incorporated in Singapore;

Definition

“executive director”, in relation to a corporation, means a director who is concurrently an executive officer of that corporation, and “non‑executive director” is to be construed accordingly;

Definition

“FHC” means a financial holding company;

Definition

“financial year” has the meaning given by section 4(1) of the Companies Act 1967;

Definition

“foreign‑owned designated FHC with bank subsidiary” or “foreign‑owned DFHC (Bank)” means a DFHC (Bank) that is a subsidiary of another corporation incorporated or otherwise established outside Singapore;

Definition

“immediate family”, in relation to an individual, means the individual’s spouse, child, adopted child, stepchild, parent, step‑parents, brother, stepbrother, sister or stepsister;

Definition

“independent director”, in relation to a DFHC, means a director who —

(a)

is independent from any management and business relationship with the DFHC;

(b)

is independent from any substantial shareholder of the DFHC; and

(c)

has not served on the Board for a continuous period of 9 years or longer;

Definition

“major stake” has the meaning given by section 31(10) of the Act;

Definition

“major stake financial company” means any company in which a DFHC (Bank) acquires or holds a major stake and that is a financial institution approved, licensed, registered or otherwise regulated by the Authority;

Definition

“Nominating Committee” means a Nominating Committee mentioned in regulation 9;

Definition

“Remuneration Committee” means a Remuneration Committee mentioned in regulation 14;

Definition

“Risk Management Committee” means a Risk Management Committee mentioned in regulation 16.

Subregulation 2

In these Regulations, in relation to a company that has dispensed with the holding of annual general meetings under section 175A of the Companies Act 1967 —

(a)

a reference to the doing of anything at an annual general meeting is a reference to the doing of that thing by way of a resolution by written means in accordance with the Companies Act 1967; and

(b)

a reference to the date of an annual general meeting of such a company is, unless the meeting is held, a reference to the date of expiry of the period within which the meeting is required by law to be held.