/akn/sg/act/sub_leg/2024/SIRA-S468-2024

Significant Investments Review (Exemption — Exxon Mobil Asia Pacific Pte. Ltd.) Order 2024

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Type
Subsidiary Legislation
Status
In force
Enacted
2024
Sections
6

Quick answer

About this subsidiary legislation

Significant Investments Review (Exemption — Exxon Mobil Asia Pacific Pte. Ltd.) Order 2024 is Singapore Subsidiary Legislation, cited as Subsidiary Legislation SIRA-S468-2024 2024, currently marked in force and first recorded in 2024.

Regulation 1

Citation and commencement

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This Order is the Significant Investments Review (Exemption — ExxonMobil Asia Pacific Pte. Ltd.) Order 2024 and comes into operation on 31 May 2024.

Regulation 2

Definitions

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Definition

“critical fuel product” means any heating fuel or transportation fuel;

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Definition

“ExxonMobil Asia Pacific Pte. Ltd.” means the company incorporated under the Companies Act 1967 under that name and whose Unique Entity Number is 196800312N;

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Definition

“Exxon Mobil Corporation” means the company incorporated in New Jersey, United States of America, with its business address at 22777 Springwoods Village Parkway, Spring, TX 77389‑1425.

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Subregulation 2

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In this Order, if —

(a)

an entity (X) holds (including by one or more applications of this paragraph) A% of the total equity interests in another entity (Y); and

(b)

Y holds B% of the total equity interests in another entity (Z),then X is taken to hold A% × B% of the total equity interests in Z.

Subregulation 3

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In this Order, if —

(a)

X controls (including by one or more applications of this paragraph) C% of the voting power in Y; and

(b)

Y controls D% of the voting power in Z,then X is taken to control C% × D% of the voting power in Z.

Regulation 3

Exemption from section 18(1) of Act

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Subregulation 1

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An entity that becomes a Level A controller of ExxonMobil Asia Pacific Pte. Ltd. (being a designated entity) is exempt from the requirement under section 18(1) of the Act to give notice of that fact, if the conditions in sub‑paragraph (2) are satisfied.

Subregulation 2

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For the purposes of sub‑paragraph (1), the conditions are that, at the time the entity becomes a Level A controller —

(a)

Exxon Mobil Corporation holds 100% of the total equity interests in, and controls 100% of the voting power in, ExxonMobil Asia Pacific Pte. Ltd.; and

(b)

Exxon Mobil Corporation holds 100% of the total equity interests in, and controls 100% of the voting power in, the entity becoming a Level A controller.

Regulation 4

Exemption from section 19(1)(a) of Act

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Subregulation 1

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An entity is exempt from section 19(1)(a) of the Act for becoming, without the Minister’s approval, a Level B controller, Level C controller or Level D controller of ExxonMobil Asia Pacific Pte. Ltd. (being a designated entity) if all the conditions mentioned in sub‑paragraph (2) are satisfied.

Subregulation 2

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For the purposes of sub‑paragraph (1), the conditions are that, at the time the entity becomes a Level B controller, Level C controller or Level D controller (as the case may be) —

(a)

Exxon Mobil Corporation holds 100% of the total equity interests in, and controls 100% of the voting power in, ExxonMobil Asia Pacific Pte. Ltd.;

(b)

Exxon Mobil Corporation holds 100% of the total equity interests in, and controls 100% of the voting power in, the entity becoming a Level B controller, Level C controller or Level D controller (as the case may be); and

(c)

the entity becoming a Level B controller, Level C controller or Level D controller (as the case may be) is not subject to any law in any jurisdiction (including any law relating to export control or control of production) that prohibits or restricts the manufacture or production of critical fuel products in Singapore.

Regulation 5

Exemptions from section 19(1)(b) of Act

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Subregulation 1

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An entity (A) is exempt from section 19(1)(b) of the Act for ceasing, without the Minister’s approval, to be a Level Y controller of ExxonMobil Asia Pacific Pte. Ltd. (being a designated entity) by disposing of equity interests in, or by relinquishing control of voting power in, ExxonMobil Asia Pacific Pte. Ltd. if the condition mentioned in sub‑paragraph (3) is satisfied.

Subregulation 2

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An entity (A) is exempt from section 19(1)(b) of the Act for ceasing, without the Minister’s approval, to be a Level Z controller of ExxonMobil Asia Pacific Pte. Ltd. by disposing of equity interests in, or by relinquishing control of voting power in, ExxonMobil Asia Pacific Pte. Ltd. if the condition mentioned in sub‑paragraph (3) is satisfied.

Subregulation 3

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For the purposes of sub‑paragraphs (1) and (2), the condition is that, at the time A ceases to be a Level Y controller or Level Z controller (as the case may be) of ExxonMobil Asia Pacific Pte. Ltd., Exxon Mobil Corporation holds 100% of the total equity interests in, and controls 100% of the voting power in, ExxonMobil Asia Pacific Pte. Ltd.

Regulation 6

Exemptions from section 19(4) of Act

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Subregulation 1

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Exxon Mobil Corporation is exempt from section 19(4) of the Act for any acquisition, without the Minister’s approval, as a going concern, of any part of the business or undertaking of ExxonMobil Asia Pacific Pte. Ltd. (being a designated entity) that does not consist of or include any interest in any asset used in the manufacture or production in Singapore of any critical fuel product.

Subregulation 2

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An entity (B) is exempt from section 19(4) of the Act for any acquisition, without the Minister’s approval, as a going concern, of any part of the business or undertaking of ExxonMobil Asia Pacific Pte. Ltd. if —

(a)

the acquisition does not consist of or include any interest in any asset used in the manufacture or production in Singapore of any critical fuel product;

(b)

at the time of the acquisition, Exxon Mobil Corporation holds 100% of the total equity interests in, and controls 100% of the voting power in, ExxonMobil Asia Pacific Pte. Ltd.; and

(c)

at the time of the acquisition, Exxon Mobil Corporation holds 100% of the total equity interests in, and controls 100% of the voting power in, B.

Subregulation 3

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To avoid doubt, ExxonMobil Asia Pacific Pte. Ltd. need not obtain the prior written approval of the Minister for an acquisition mentioned in sub‑paragraph (1) or (2).

Common questions

What is Significant Investments Review (Exemption — Exxon Mobil Asia Pacific Pte. Ltd.) Order 2024?
Significant Investments Review (Exemption — Exxon Mobil Asia Pacific Pte. Ltd.) Order 2024 is Singapore Subsidiary Legislation, cited as Subsidiary Legislation SIRA-S468-2024 2024, currently marked in force and first recorded in 2024.
Is Significant Investments Review (Exemption — Exxon Mobil Asia Pacific Pte. Ltd.) Order 2024 still in force?
Yes — Significant Investments Review (Exemption — Exxon Mobil Asia Pacific Pte. Ltd.) Order 2024 is currently in force.
When did Significant Investments Review (Exemption — Exxon Mobil Asia Pacific Pte. Ltd.) Order 2024 take effect?
Significant Investments Review (Exemption — Exxon Mobil Asia Pacific Pte. Ltd.) Order 2024 was first recorded in 2024.
How many regulations does Significant Investments Review (Exemption — Exxon Mobil Asia Pacific Pte. Ltd.) Order 2024 have?
Significant Investments Review (Exemption — Exxon Mobil Asia Pacific Pte. Ltd.) Order 2024 contains 6 regulations.
Where can I read the official version of Significant Investments Review (Exemption — Exxon Mobil Asia Pacific Pte. Ltd.) Order 2024?
The official text of Significant Investments Review (Exemption — Exxon Mobil Asia Pacific Pte. Ltd.) Order 2024 is published at sso.agc.gov.sg.