PART I | 1. These Regulations may be cited as the Financial Advisers Regulations. |
2.—(1) In these Regulations, unless the context otherwise requires —| “accredited investor” has the same meaning as in section 4A(1)(a) of the Securities and Futures Act (Cap. 289); [S 362/2005 wef 01/07/2005] [S 274/2008 wef 28/05/2008] |
“advertisement” means the dissemination or conveyance of information, or an invitation or solicitation, by any means or in any form, including by means of —| (a) | publication in a newspaper, magazine, journal or other periodical; | | (b) | display of posters or notices; | | (c) | circulars, handbills, brochures, pamphlets, books or other documents; | | (d) | letters addressed to individuals or bodies corporate or unincorporate; | | (e) | photographs or cinematograph films; or | | (f) | sound broadcasting, television, the Internet or other media; |
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“bonds” includes —| (a) | any note, bond or Treasury Bill; | | (b) | an option in respect of any note, bond or Treasury Bill; and | | (c) | such other securities or class of securities as the Authority may from time to time, by a guideline issued by the Authority, determine; |
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| “capital markets products” has the same meaning as in section 2(1) of the Securities and Futures Act (Cap. 289); |
| “client’s money or property” has the same meaning as in section 28(4) of the Act; |
| “entity” includes a corporation, an unincorporated association, a partnership and the government of any state, but does not include a trust; [S 362/2005 wef 01/07/2005] |
| “expert investor” has the same meaning as in section 4A(1)(b) of the Securities and Futures Act; [S 362/2005 wef 01/07/2005] [S 274/2008 wef 28/05/2008] |
| “foreign company” has the same meaning as in section 4(1) of the Companies Act (Cap. 50); |
| “foreign exchange trading” has the same meaning as in section 2(1) of the Securities and Futures Act; |
“Government securities” means securities issued or proposed to be issued by the Government, and includes —| (a) | any debenture, stock or bond issued or proposed to be issued by the Government; | | (b) | any right or option in respect of any debenture, stock or bond referred to in paragraph (a); | | (c) | any book-entry Government securities as defined in section 2 of the Development Loan (1987) Act (Cap. 81A) or section 2 of the Government Securities Act (Cap. 121A); and | | (d) | any book-entry Treasury Bill as defined in section 2 of the Local Treasury Bills Act (Cap. 167); |
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| “guideline issued by the Authority” means a guideline or other document issued by the Authority under section 64 of the Act; |
| “institutional investor” has the same meaning as in section 4A(1)(c) of the Securities and Futures Act (Cap. 289); [S 362/2005 wef 01/07/2005] [S 274/2008 wef 28/05/2008] |
| “net asset value”, in relation to a corporation, means the excess of the value of the assets owned by the corporation over its liabilities; |
| “net head office funds”, in relation to a foreign company, means the net liability of the Singapore branch of that foreign company to its head office and any other branch outside of Singapore; |
| “paid-up capital” means ordinary shares and non-redeemable preference shares that have been fully paid for; [S 383/2012 wef 07/08/2012] |
| “Registered Fund Management Company” means a corporation which is exempted from holding a capital markets services licence under paragraph 5(1)(i) of the Second Schedule to the Securities and Futures (Licensing and Conduct of Business) Regulations (Cap. 289, Rg 10). [S 383/2012 wef 07/08/2012] |
(2) For the purposes of the definition of “net asset value” in paragraph (1) —| (a) | in determining the value of the assets owned by a corporation, any amount on account of goodwill or of any other intangible assets shall be disregarded; and | | (b) | in determining the amount of the liabilities of a corporation —| (i) | all contingent or prospective liabilities shall be taken into account; and | | (ii) | any amount on account of any liability related to the share capital of the corporation shall not be taken into account. |
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