Singapore legislation

Regulation 12

of Trust Companies Regulations

Regulation 12

Maintenance of net asset value and qualifying assets

Subregulation 1

A licensed trust company incorporated in Singapore shall at all times maintain a net asset value of not less than —

(a)

where it does not have a financial year immediately preceding the current financial year, three-quarters of the minimum paid-up capital required under regulation 11; or

(b)

in any other case —

(i)

one-quarter of its relevant annual expenditure of the financial year immediately preceding the current financial year; or

(ii)

three-quarters of the minimum paid-up capital required under regulation 11,whichever is the higher amount.

Subregulation 2

A licensed trust company incorporated outside Singapore shall at all times maintain qualifying assets in the branch in Singapore, of not less than —

(a)

where it does not have a financial year immediately preceding the current financial year, the minimum qualifying assets required under regulation 11; or

(b)

in any other case —

(i)

one-quarter of its relevant annual expenditure of the financial year immediately preceding the current financial year; or

(ii)

the minimum qualifying assets required under regulation 11,whichever is the higher amount.

Subregulation 3

For the purposes of paragraphs (1)(b)(i) and (2)(b)(i), the relevant annual expenditure of a licensed trust company for the financial year immediately preceding the current financial year means the total expenditure of the trust company for that year less the following:

(a)

staff bonuses (except to the extent that they are guaranteed); and

(b)

employees’ and directors’ shares in profits (except to the extent that they are guaranteed).

Subregulation 4

Any licensed trust company which contravenes paragraph (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000.