Singapore legislation

Regulation 2

of Financial Services and Markets (Resolution of Financial Institutions) Regulations 2024

Regulation 2

General definitions

In these Regulations —“5% controller”, in relation to an operator of a designated payment system under the Payment Services Act 2019, has the meaning given by section 2(1) of that Act;“12% controller” —

(a)

in relation to a bank incorporated in Singapore, has the meaning given by section 15B(3) of the Banking Act 1970;

(b)

in relation to a designated financial holding company, has the meaning given by section 11(2) of the Financial Holding Companies Act 2013;

(c)

in relation to an operator of a designated payment system under the Payment Services Act 2019, has the meaning given by section 2(1) of that Act;

(d)

in relation to an approved exchange under the Securities and Futures Act 2001, has the meaning given by section 27(3) of that Act;

(e)

in relation to a licensed trade repository under the Securities and Futures Act 2001, has the meaning given by section 46U(3) of that Act;

(f)

in relation to an approved clearing house under the Securities and Futures Act 2001, has the meaning given by section 70(3) of that Act; or

(g)

in relation to an approved holding company under the Securities and Futures Act 2001, has the meaning given by section 81ZE(3) of that Act;“20% controller” —

(a)

in relation to a bank incorporated in Singapore, has the meaning given by section 15B(3) of the Banking Act 1970;

(b)

in relation to a designated financial holding company, has the meaning given by section 11(2) of the Financial Holding Companies Act 2013;

(c)

in relation to an operator of a designated payment system under the Payment Services Act 2019, has the meaning given by section 2(1) of that Act;

(d)

in relation to an approved exchange under the Securities and Futures Act 2001, has the meaning given by section 27(3) of that Act;

(e)

in relation to a licensed trade repository under the Securities and Futures Act 2001, has the meaning given by section 46U(3) of that Act;

(f)

in relation to an approved clearing house under the Securities and Futures Act 2001, has the meaning given by section 70(3) of that Act;

(g)

in relation to an approved holding company under the Securities and Futures Act 2001, has the meaning given by section 81ZE(3) of that Act; or

(h)

in relation to a licensed trust company under the Trust Companies Act 2005, has the meaning given by section 16(3) of that Act;“50% controller”, in relation to a licensed trust company under the Trust Companies Act 2005, has the meaning given by section 16(3) of that Act;“Accounting Standards” has the meaning given by section 4(1) of the Companies Act 1967;“business rules”, in relation to a market infrastructure, means the rules, regulations, by‑laws or any similar body of written statements (by whatever name called), whether or not those rules, regulations, by‑laws or similar body of statements are made by the market infrastructure or are contained in its constituent documents, that govern the activities and conduct of —

(a)

the market infrastructure; and

(b)

any other persons in relation to the market infrastructure;“Depository” has the meaning given by section 81SF of the Securities and Futures Act 2001;“designated financial holding company” has the meaning given by section 2(1) of the Financial Holding Companies Act 2013;“designated system” has the meaning given by section 2(1) of the Payment and Settlement Systems (Finality and Netting) Act 2002;“designated system rules” means the rules, regulations, by‑laws or any similar body of written statements (by whatever name called) of a designated system, whether or not contained in the constituent documents of the designated system, that govern the activities and conduct of —

(a)

the designated system; and

(b)

any other persons in relation to the designated system;“Division 11 FI under resolution” means a financial institution mentioned in regulation 34 that is the subject of a resolution action;“indirect controller” —

(a)

in relation to a bank incorporated in Singapore, has the meaning given by section 15B(5) of the Banking Act 1970;

(b)

in relation to a designated financial holding company, has the meaning given by section 11(2) of the Financial Holding Companies Act 2013;

(c)

in relation to an operator of a designated payment system under the Payment Services Act 2019, has the meaning given by section 2(1) of that Act; or

(d)

in relation to a licensed trust company under the Trust Companies Act 2005, has the meaning given by section 16(3) of that Act;“market infrastructure” means a pertinent financial institution that performs the functions of a market, a central clearing counterparty, a trade repository, a central securities depository or a securities settlement system;“merchant bank” has the meaning given by section 2(1) of the Banking Act 1970;“parent” has the meaning given by the Accounting Standards;“pre‑resolution creditor” has the meaning given by section 121 of the Act;“pre‑resolution shareholder” has the meaning given by section 121 of the Act;“public sector body” means a Ministry, a department of the Government or a body established or constituted by or under a public Act to perform or discharge a public function;“resolution action” has the meaning given by section 121 of the Act;“resolution date” has the meaning given by section 121 of the Act;“significant business” has the meaning given by section 58 of the Act;“specified financial institution” has the meaning given by section 58 of the Act;“subsidiary” has the meaning given by the Accounting Standards;“substantial shareholder” —

(a)

in relation to a bank incorporated in Singapore, means a person who has substantial shareholding in the bank within the meaning of section 81 of the Companies Act 1967;

(b)

in relation to a designated financial holding company, means a person who has substantial shareholding in the designated financial holding company within the meaning of section 81 of the Companies Act 1967;

(c)

in relation to an approved exchange, a licensed trade repository, an approved clearing house or an approved holding company under the Securities and Futures Act 2001, has the meaning given by section 2(6) of that Act; or

(d)

in relation to an insurer incorporated in Singapore and licensed under the Insurance Act 1966, means a person who has substantial shareholding in the insurer within the meaning of section 81 of the Companies Act 1967;“title transfer arrangement” means an arrangement under which a person transfers assets to another person on terms providing for the other person to transfer those assets back to the first person if the specified obligations are discharged;“transfer order” has the meaning given by section 2(1) of the Payment and Settlement Systems (Finality and Netting) Act 2002;“valuation report” has the meaning given by section 121 of the Act;“valuer” has the meaning given by section 121 of the Act.

Definition

“5% controller”, in relation to an operator of a designated payment system under the Payment Services Act 2019, has the meaning given by section 2(1) of that Act;

Definition

“12% controller” —

(a)

in relation to a bank incorporated in Singapore, has the meaning given by section 15B(3) of the Banking Act 1970;

(b)

in relation to a designated financial holding company, has the meaning given by section 11(2) of the Financial Holding Companies Act 2013;

(c)

in relation to an operator of a designated payment system under the Payment Services Act 2019, has the meaning given by section 2(1) of that Act;

(d)

in relation to an approved exchange under the Securities and Futures Act 2001, has the meaning given by section 27(3) of that Act;

(e)

in relation to a licensed trade repository under the Securities and Futures Act 2001, has the meaning given by section 46U(3) of that Act;

(f)

in relation to an approved clearing house under the Securities and Futures Act 2001, has the meaning given by section 70(3) of that Act; or

(g)

in relation to an approved holding company under the Securities and Futures Act 2001, has the meaning given by section 81ZE(3) of that Act;

Definition

“20% controller” —

(a)

in relation to a bank incorporated in Singapore, has the meaning given by section 15B(3) of the Banking Act 1970;

(b)

in relation to a designated financial holding company, has the meaning given by section 11(2) of the Financial Holding Companies Act 2013;

(c)

in relation to an operator of a designated payment system under the Payment Services Act 2019, has the meaning given by section 2(1) of that Act;

(d)

in relation to an approved exchange under the Securities and Futures Act 2001, has the meaning given by section 27(3) of that Act;

(e)

in relation to a licensed trade repository under the Securities and Futures Act 2001, has the meaning given by section 46U(3) of that Act;

(f)

in relation to an approved clearing house under the Securities and Futures Act 2001, has the meaning given by section 70(3) of that Act;

(g)

in relation to an approved holding company under the Securities and Futures Act 2001, has the meaning given by section 81ZE(3) of that Act; or

(h)

in relation to a licensed trust company under the Trust Companies Act 2005, has the meaning given by section 16(3) of that Act;

Definition

“50% controller”, in relation to a licensed trust company under the Trust Companies Act 2005, has the meaning given by section 16(3) of that Act;

Definition

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

Definition

“business rules”, in relation to a market infrastructure, means the rules, regulations, by‑laws or any similar body of written statements (by whatever name called), whether or not those rules, regulations, by‑laws or similar body of statements are made by the market infrastructure or are contained in its constituent documents, that govern the activities and conduct of —

(a)

the market infrastructure; and

(b)

any other persons in relation to the market infrastructure;

Definition

“Depository” has the meaning given by section 81SF of the Securities and Futures Act 2001;

Definition

“designated financial holding company” has the meaning given by section 2(1) of the Financial Holding Companies Act 2013;

Definition

“designated system” has the meaning given by section 2(1) of the Payment and Settlement Systems (Finality and Netting) Act 2002;

Definition

“designated system rules” means the rules, regulations, by‑laws or any similar body of written statements (by whatever name called) of a designated system, whether or not contained in the constituent documents of the designated system, that govern the activities and conduct of —

(a)

the designated system; and

(b)

any other persons in relation to the designated system;

Definition

“Division 11 FI under resolution” means a financial institution mentioned in regulation 34 that is the subject of a resolution action;

Definition

“indirect controller” —

(a)

in relation to a bank incorporated in Singapore, has the meaning given by section 15B(5) of the Banking Act 1970;

(b)

in relation to a designated financial holding company, has the meaning given by section 11(2) of the Financial Holding Companies Act 2013;

(c)

in relation to an operator of a designated payment system under the Payment Services Act 2019, has the meaning given by section 2(1) of that Act; or

(d)

in relation to a licensed trust company under the Trust Companies Act 2005, has the meaning given by section 16(3) of that Act;

Definition

“market infrastructure” means a pertinent financial institution that performs the functions of a market, a central clearing counterparty, a trade repository, a central securities depository or a securities settlement system;

Definition

“merchant bank” has the meaning given by section 2(1) of the Banking Act 1970;

Definition

“parent” has the meaning given by the Accounting Standards;

Definition

“pre‑resolution creditor” has the meaning given by section 121 of the Act;

Definition

“pre‑resolution shareholder” has the meaning given by section 121 of the Act;

Definition

“public sector body” means a Ministry, a department of the Government or a body established or constituted by or under a public Act to perform or discharge a public function;

Definition

“resolution action” has the meaning given by section 121 of the Act;

Definition

“resolution date” has the meaning given by section 121 of the Act;

Definition

“significant business” has the meaning given by section 58 of the Act;

Definition

“specified financial institution” has the meaning given by section 58 of the Act;

Definition

“subsidiary” has the meaning given by the Accounting Standards;

Definition

“substantial shareholder” —

(a)

in relation to a bank incorporated in Singapore, means a person who has substantial shareholding in the bank within the meaning of section 81 of the Companies Act 1967;

(b)

in relation to a designated financial holding company, means a person who has substantial shareholding in the designated financial holding company within the meaning of section 81 of the Companies Act 1967;

(c)

in relation to an approved exchange, a licensed trade repository, an approved clearing house or an approved holding company under the Securities and Futures Act 2001, has the meaning given by section 2(6) of that Act; or

(d)

in relation to an insurer incorporated in Singapore and licensed under the Insurance Act 1966, means a person who has substantial shareholding in the insurer within the meaning of section 81 of the Companies Act 1967;

Definition

“title transfer arrangement” means an arrangement under which a person transfers assets to another person on terms providing for the other person to transfer those assets back to the first person if the specified obligations are discharged;

Definition

“transfer order” has the meaning given by section 2(1) of the Payment and Settlement Systems (Finality and Netting) Act 2002;

Definition

“valuation report” has the meaning given by section 121 of the Act;

Definition

“valuer” has the meaning given by section 121 of the Act.