Securities and Futures (Licensing and Conduct of Business) Regulations
Table of Contents
Part I PRELIMINARY
1 Citation
2 Definitions
Part II Licensing, representative notification and related Matters
3 Forms
3A Lodgment of documents and undertaking of responsibilities for representative
3B Provisional representative
3C Temporary representative
3D (Deleted)
4 Register of interests in securities
4A Place at which register is kept
5 Change of particulars and additional regulated activity of representative
6 Fees
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
8 Return of deposit
9 Lapsing of capital markets services licence
9A Cessation of status of appointed representative
10 (Deleted)
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 holder of capital markets services licence
13A Criteria for determining if chief executive officer or director of holder of capital markets services licence has breached duties
13B Duties of holder of capital markets services licence for regulated activity of fund management
13C Criteria for determining if chief executive officer or director of holder of capital markets services licence for fund management has breached duties
14 Exemptions
14A Holders of capital markets services licences and representatives, etc., to be fit and proper persons
Part III CUSTOMER’S MONEYS AND ASSETS
Division 1 Definitions
15 Definitions of this Part
Division 2 Customer’s Moneys
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
Division 3 Customer’s Assets
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
Division 4 Miscellaneous
37 Daily computation for trust accounts and custody accounts
38 Customer’s moneys and assets held by clearing house
Part IV CONDUCT OF BUSINESS
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
42 Contract notes
43 Limits for unsecured credit and credit facilities
44 Priority of customers’ orders
45 Securities borrowing and lending
46 Advertisement
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
47D Cross-trading
47E Risk disclosure by certain persons
Part V DEALING IN GOVERNMENT SECURITIES
48 Compliance with Rules and Market Practices
Part VI MISCELLANEOUS
49 (Deleted)
50 (Deleted)
50A (Deleted)
51 Position limit
52 Non-applicability of section 339 (2) of Act under certain circumstances
53 (Deleted)
54 Banks, merchant banks and finance companies
54A Registered Fund Management Companies
55 Offences
Part VII Transitional Provisions
56 Persons exempted from holding capital markets services licence under paragraph 5(1)(d) of Second Schedule in force before 7th August 2012
57 (Deleted)
58 (Deleted)
59 (Deleted)
60 (Deleted)
61 Persons carrying on business in providing credit rating services immediately before 17th January 2012
FIRST SCHEDULE Repealed
SECOND SCHEDULE Exemptions from sections 82(1) and 99B(1) of Act
THIRD SCHEDULE Fees
Legislative History