2. In these Regulations —| “approved securities company” means a company approved under section 43A(1)(c) of the Act; |
“designated investments” means —| (a) | stocks and shares denominated in any foreign currency of companies not incorporated and not resident in Singapore, excluding stocks and shares of companies incorporated in Malaysia which are listed on the Stock Exchange of Singapore or on the Kuala Lumpur Stock Exchange; | | (b) | securities (other than stocks and shares) denominated in any foreign currency, including bonds, notes, certificates of deposit and treasury bills issued by foreign governments, foreign banks outside Singapore and companies not incorporated and not resident in Singapore; | | (c) | futures contracts denominated in any foreign currency held in any futures exchange; | | (d) | any immovable property situated outside Singapore; | | (e) | certificates of deposit, notes and bonds issued by Asian Currency Units in Singapore; | | (f) | Asian Dollar Bonds approved under section 13 (1) (v) of the Act; | | (g) | deposits in Singapore with banks approved under section 13(9) of the Act; | | (h) | foreign currency deposits with financial institutions outside Singapore; | | (i) | stocks, shares, bonds and other securities listed on the Stock Exchange of Singapore or on the Kuala Lumpur Stock Exchange and other stocks, shares, bonds and securities issued by companies incorporated and resident in Singapore; | | (j) | Singapore Government securities; | | (k) | foreign exchange transactions in currencies other than Singapore dollars; and | | (l) | transactions in currencies other than Singapore dollars carried out on or after 1st April 1993 in interest rate or currency contracts on a forward basis, interest rate or currency options and interest rate or currency swaps with —| (i) | an Asian Currency Unit of a financial institution; | | (ii) | a person who is neither a resident of nor a permanent establishment in Singapore; or | | (iii) | a branch office outside Singapore of a company resident in Singapore; |
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“foreign investor” —| (a) | in relation to an individual, means an individual who is not resident in Singapore and not a citizen of Singapore and who is the beneficial owner of the funds managed by the approved Fund Manager; | | (b) | in relation to a company, means a company not resident in Singapore and in the case of —| (i) | a company with not more than 50 shareholders, the whole of its issued capital (excluding the amount owned directly by the Government of Singapore Investment Corporation Pte Ltd (referred to in these Regulations as GIC)) is beneficially owned, directly or indirectly, by persons who are not citizens of Singapore and not resident in Singapore; | | (ii) | a company with more than 50 shareholders, not more than 20% (excluding the percentage owned directly by GIC) of its issued capital is beneficially owned, directly or indirectly, by persons who are citizens of Singapore or resident in Singapore; and |
| | (c) | in relation to a trust fund, means a trust fund where not more than 20% (excluding the percentage held directly by GIC) of the value of the fund is beneficially held, directly or indirectly, by persons who are not foreign investors referred to in paragraph (a) or (b) and, unless waived by the Minister or such person as he may appoint, where —| (i) | the fund is created outside Singapore; and | | (ii) | the trustees of the fund are neither citizens of Singapore nor resident in Singapore; |
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“specified income” means —| (a) | interest and dividends derived from outside Singapore and received in Singapore in respect of any designated investments; | | (b) | interest derived from deposits with and certificates of deposit issued by banks approved under section 13(9) of the Act and from Asian Dollar Bonds approved under section 13 (1) (v) of the Act; | | (c) | gains or profits realised from the sale of any designated investments; | | (d) | gains from foreign exchange transactions in currencies other than Singapore dollars carried out in or after the basis period for the year of assessment 1992; | | (e) | gains from transactions referred to in paragraph (l) of the definition of “designated investments”; and | | (f) | for the purposes of regulation 3, “specified income” includes any fee or compensatory payment received in respect of any loan to —| (i) | an Asian Currency Unit of a financial institution; or | | (ii) | an approved securities company, |
| of designated securities under a securities lending arrangement in writing where — |
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| “compensatory payment” means a payment in lieu of any interest, dividend or right to purchase warrants, options or additional securities which a lender in a securities lending arrangement would have received in respect of the designated securities relating to such arrangement had it not been for such arrangement; |
“designated securities” means —| (a) | stocks, shares, bonds and other securities, denominated in any foreign currency, issued by a company which is not incorporated in Singapore and which is not resident in Singapore; or | | (b) | bonds denominated in any foreign currency issued by any foreign government. |
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