Securities and Futures (Licensing and Conduct of Business) Regulations

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3A Lodgment of documents and undertaking of responsibilities for representative

3B Provisional representative

3C Temporary representative

3D Register of interest in securities

4 Place at which register is kept

5 Change of particulars and additional regulated activity of representative

6A Manner of application for capital markets services licence

7 Deposit to be lodged in respect of capital markets services licence to deal in securities

9 Lapsing of capital markets services licence

9A Cessation of status of appointed representative

11 Cessation of business by holder

11A Variation of capital markets services licence

11B Lodgment of particulars of cessation

12 Application for appointment of chief executive officer and director

13 Duties of chief executive officer and director

13A Duties of holder of capital markets services licence for regulated activity of fund management

13B Criteria for determining if chief executive officer or director of holder of capital markets services licence for fund management has breached duties

14A Holders of capital markets services licences and representatives, etc., to be fit and proper persons

15 Definitions of this Part

16 Money received on account of customer

17 Maintenance of trust account with specified financial institutions

18 Notification and acknowledgment from specified financial institutions

19 Customer’s money held with a clearing house, etc.

20 Investment of moneys received on account of customers

21 Withdrawal of money from trust account

22 Interest arising from trust account, etc.

23 Placement of licensee’s own money in trust account

24 No effect on lawful claims or liens

25 Application of this Division

26 Duties of holder on receipt of customer’s assets

27 Maintenance of custody account with specified custodians

28 Notification and acknowledgment from specified custodians

29 Suitability of custodian

30 Customer’s assets held with clearing house, etc.

31 Customer agreement

32 Custody agreement

33 Lending of customer’s securities

34 Mortgage of customer’s assets

35 Withdrawal of customer’s assets

36 No effect on lawful claims or liens

37 Daily computation for trust accounts and custody accounts

38 Customer’s moneys and assets held by clearing house

39 Books of holder of capital markets services licence

40 Provision of statement of account to customers

41 Documentation required by Authority, futures exchange or clearing house

43 Limits for unsecured credit and credit facilities

44 Priority of customers’ orders

45 Securities borrowing and lending

46A Certain representations prohibited

47 Trading standards

47A Disclosure of certain interests in respect of underwriting agreement

47B Dealing in securities as principal

47C Trading against customer

47E Risk disclosure by certain persons

48 Compliance with Rules and Market Practices

52 Non-applicability of section 339 (2) of Act under certain circumstances

54 Banks, merchant banks and finance companies

54A Registered Fund Management Companies

56 Persons exempted from holding capital markets services licence under paragraph 5(1)(d) of Second Schedule in force before 7th August 2012

61 Persons carrying on business in providing credit rating services immediately before 17th January 2012

Criteria for determining if chief executive officer or director of holder of capital markets services licence for fund management has breached duties

13B. For the purposes of section 97(2) of the Act and without prejudice to any other matter that the Authority may consider relevant, the Authority shall also, in determining whether a chief executive officer or a director of the holder of a capital markets services licence for fund management has failed to discharge the duties or functions of his office, have regard to whether the chief executive officer or director has ensured compliance by the holder with each of the duties specified in regulation 13A.

[S 385/2012 wef 07/08/2012]

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