Financial Advisers Act 2001
Table of Contents
Long Title
Part 1 PRELIMINARY
1 Short title
2 Interpretation
3 Associated person
4 Interest in specified products
5 Amendment of Schedules
Part 2 FINANCIAL ADVISERS AND REPRESENTATIVES
Division 1 Financial Advisers
6 Need for financial adviser’s licence
7 Application for grant of financial adviser’s licence
8 Grounds for refusal to grant financial adviser’s licence
9 Failure to maintain minimum financial requirements or professional indemnity insurance policy
10 Grant of financial adviser’s licence
11 Licence fees
12 Variation of financial adviser’s licence
13 False statements in relation to application for grant or variation of financial adviser’s licence
14 Notification of change in particulars
15 Lapsing, revocation and suspension of financial adviser’s licence
16 Right of appeal
17 Use of words "financial adviser" or "life insurance broker"
18 Holding out as financial adviser
19 Regulation of payment, etc., of remuneration
20 Exempt financial advisers and their representatives
21 Annual fees payable by exempt financial advisers and certain representatives
Division 2 Representatives
22 Acting as representative
23 Appointed representative
24 Provisional representative
25 Offences
26 Lodgment of documents
27 Representative to act for only one principal
28 Lodgment and annual fees
29 Additional financial advisory service
30 Power of Authority to refuse entry or revoke or suspend status of appointed or provisional representative
31 Power of Authority to impose conditions or restrictions
32 False statements in relation to notification of appointed or provisional representative
33 Appeals
Part 3 CONDUCT OF BUSINESS
Division 1 General
34 Obligation to disclose product information to clients
35 False or misleading statements, etc., by licensed financial advisers
36 Recommendations by licensed financial advisers
37 Receipt of client’s money or property
38 Obligation to provide information to Authority
39 Saving for validity of transactions
Division 2 Life Insurance
40 Application of this Division
41 Insurance broking premium accounts
42 Negotiation and placement of risk with unlicensed insurer
43 Representations by licensed financial advisers
Division 3 Specified Products
44 Application of this Division
45 Licensed financial adviser to disclose certain interests in specified products
Division 4 Appointed and Provisional Representatives
46 Business conduct requirements for appointed and provisional representatives
Division 5 Remuneration
47 Remuneration framework for representatives and supervisors
48 Independent sales audit unit
Part 4 ACCOUNTS AND AUDIT
Division 1 Accounts
49 Accounts to be kept by licensed financial advisers
50 Duty of licensed financial adviser to provide Authority with returns, records and information
Division 2 Audit
51 Appointment of auditors
52 Lodgment of annual accounts, etc., by licensed financial adviser
53 Reports by auditor to Authority in certain cases
54 Power of Authority to appoint auditor
55 Powers of auditor appointed by Authority
56 Restriction on auditor’s and employee’s right to communicate certain matters
57 Defamation
58 Offence to destroy, conceal, alter, etc., records
59 Safeguarding of records by licensed financial adviser
Part 4A PROHIBITED BUSINESSES
60 Prohibited businesses of licensed financial advisers in Singapore
61 Prohibition against acting for financial adviser for prohibited businesses
62 Prohibition against representative engaging in employment, etc., outside scope of appointment
Part 5 POWERS OF AUTHORITY
63 Approval of chief executive officer and director of licensed financial adviser
64 Removal of officer of licensed financial adviser
65 Control of take-over of licensed financial adviser
66 Objection to control of licensed financial adviser
67 Power of Authority to issue written directions
68 (Repealed)
69 (Repealed)
70 (Repealed)
71 (Repealed)
72 Records to be kept by Authority
73 Records and public register of representatives
74 Codes, guidelines, etc., by Authority
75 Appointment of assistants
76 General provisions as to winding up
77 Power of Authority to publish information
Part 6 SUPERVISION AND INVESTIGATION
78 Self-incrimination
79 Saving for advocates and solicitors
Division 2 Inspection Powers of Authority
80 Inspection by Authority
81 Confidentiality of inspection reports
Division 2A Inspection Powers of Foreign Regulatory Authority
82 Application of this Division
83 Inspection by foreign regulatory authority
84 Duty of specified financial adviser under inspection
85 Confidentiality of inspection report by foreign regulatory authority
Division 3 Investigative Powers of Authority
Subdivision 1 General
86 Investigation by Authority
87 Confidentiality of investigation reports
Subdivision 2 Examination of persons
88 Proceedings at examination
89 Requirement to appear for examination
90 Requirements made of examinee
91 Examination to take place in private
92 Record of examination
93 Giving copies of record to other persons
94 Copies given subject to conditions or restrictions
95 Offences under this Subdivision
Subdivision 3 Powers to obtain information
96 Power to order production of books
97 Power to enter premises without warrant
98 Warrant to seize books, etc.
99 Powers where books are produced or seized
100 Powers where books not produced
101 Offences under this Division
Division 4 Transfer of Evidence
102 Interpretation of this Division
103 Evidence obtained by Authority may be used in criminal investigations and proceedings
Part 7 ASSISTANCE TO FOREIGN REGULATORY AUTHORITIES
104 Interpretation of this Part
105 Application of this Part
106 Conditions for provision of assistance
107 Other factors to consider for provision of assistance
108 Assistance that may be rendered
109 Offences under this Part
110 Immunity from criminal or civil liability
Part 8 OFFENCES
111 Corporate offenders and unincorporated associations
112 Offence by officers
113 Falsification of records by officers, etc.
114 Duty not to provide false information to Authority
115 General penalty
116 Penalty for corporations
117 Composition of offences
118 Territorial scope of Act
Part 9 APPEALS
119 Appeals to Minister
120 Appeal Advisory Committees
121 Disclosure of information
122 Regulations for purposes of this Part
Part 10 MISCELLANEOUS
123 Criminal jurisdiction of District Court
124 Opportunity to be heard
125 Power to reprimand for misconduct
126 Power of court to make certain orders
127 Power of court to prohibit payment or transfer of moneys, investment products, etc.
128 Injunctions
129 Court may have regard to claimant’s conduct
130 General exemption
131 Service of documents, etc.
132 Copies or extracts of books to be admitted in evidence
133 Translations of instruments
134 Power to make regulations giving effect to treaty, etc.
135 Regulations
Legislative History
Abbreviations
Comparative Table