Securities and Futures (Offers of Investments) (Collective Investment Schemes) Regulations 2005

No. S 602

Securities and Futures Act

(Chapter 289)

Securities and Futures (Offers of Investments) (Collective Investment Schemes) Regulations 2005

In exercise of the powers conferred by sections 286, 287, 289, 296, 300, 302B, 302C, 305, 305B, 305C, 306, 337 and 341 of the Securities and Futures Act (as amended by the Securities and Futures (Amendment) Act 2005 (Act 1 of 2005)), the Monetary Authority of Singapore hereby makes the following Regulations:

PART I

PRELIMINARY

Citation and commencement

1. These Regulations may be cited as the Securities and Futures (Offers of Investments) (Collective Investment Schemes) Regulations 2005 and shall come into operation on 15th October 2005.

Definitions

2.—(1) In these Regulations, unless the context otherwise requires —

“approved trustee” means a public company approved by the Authority under section 289(1) of the Act to act as a trustee for collective investment schemes;

“custodian” means an entity to which the assets of a collective investment scheme are entrusted for safekeeping;

[S 191/2013 wef 01/07/2013]

“information memorandum” has the same meaning as in section 305(5) of the Act;

[S 191/2013 wef 01/07/2013]

“key executive” means an individual —

(a)	who is employed in an executive capacity by the manager for a collective investment scheme; and
(b)	who makes, has the capacity to make, or participates in making, decisions that affect the whole or a substantial part of the management of the collective investment scheme; [S 191/2013 wef 01/07/2013]

“language of the prospectus” has the same meaning as in section 287(13B) of the Act;

“restricted foreign scheme” means a restricted scheme constituted outside Singapore which is in the list of restricted schemes maintained by the Authority under the Sixth Schedule;

[S 420/2009 wef 01/10/2009]

[Deleted by S 420/2009 wef 01/10/2009]

“restricted scheme” means a collective investment scheme, whether constituted in Singapore or elsewhere, in respect of which —

(a)	an offer of units in the scheme is made or intended to be made to a relevant person defined in section 305(5) of the Act; or
(b)	an offer referred to in section 305(2) of the Act is made or intended to be made,

and which satisfies the conditions referred to in section 305(3) of the Act;

“restricted Singapore scheme” means a restricted scheme constituted in Singapore which is in the list of restricted schemes maintained by the Authority under the Sixth Schedule.

[S 420/2009 wef 01/10/2009]

[S 469/2012 wef 01/10/2012]

[Deleted by S 469/2012 wef 01/10/2012]

(2) In the Seventh Schedule, “latest practicable date” means a date which is the latest practicable in the context of the applicable requirement in these Regulations and which is no earlier than 7 days prior to the date of lodgment of the offer information statement with the Authority.

(3) Any word or expression used in these Regulations which is defined in section 283 of the Act shall, unless the context otherwise requires, have the same meaning as in that section.

Forms

3.—(1) The forms to be used for the purposes of Division 2 of Part XIII of the Act (other than sections 289, 295A and 305 of the Act) and these Regulations (save for regulations 5A and 32A and paragraph 2(1) of the Sixth Schedule) are those set out at the Authority’s Internet website at http://www.mas.gov.sg (under “OPERA”), or at https://opera.mas.gov.sg, and any reference in those Regulations to a numbered form shall be construed as a reference to the current version of the form bearing the corresponding number which is displayed at that website.

[S 494/2014 wef 29/07/2014]

(1A) The forms to be used for the purposes of sections 289 and 295A of the Act and regulations 5A and 32A are those set out at the Authority’s Internet website at http://www.mas.gov.sg (under “Regulations and Financial Stability”, “Regulations, Guidance and Licensing”, “Securities, Futures and Fund Management”) and any reference in that regulation to a numbered form shall be construed as a reference to the current version of the form bearing the corresponding number which is displayed at that website.

[S 494/2014 wef 29/07/2014]

(1B) The forms to be used for the purposes of section 305 of the Act and paragraph 2(1) of the Sixth Schedule are those set out at the Authority’s Internet website at http://www.mas.gov.sg (under “CISNet”), or at https://masnetsvc2.mas.gov.sg/cisnet.

[S 494/2014 wef 29/07/2014]

(1C) Where the Authority’s Internet website at http://www.mas.gov.sg does not set out a form which may be used for lodging a document with the Authority under a provision in Division 2 of Part XIII of the Act or these Regulations, that document shall be lodged with the Authority using Form 6, as set out at the Authority’s Internet website at http://www.mas.gov.sg (under “OPERA”), or at https://opera.mas.gov.sg.

[S 494/2014 wef 29/07/2014]

(2) All forms used for the purposes of Division 2 of Part XIII of the Act and these Regulations shall be completed in the English language and in accordance with such directions as may be specified in the form or by the Authority.

(3) The Authority may refuse to accept any form if —

(a)	it is not completed or lodged in accordance with this regulation; or
(b)	it is not accompanied by the relevant fee referred to in regulation 4.

Fees

4.—(1) Subject to paragraph (2), the fees specified in the First Schedule shall be payable to the Authority for the purposes specified therein, and shall not be refundable.

(2) The Authority may waive in whole or in part any fee under item 7 of the First Schedule as it thinks fit.

Made this 19th day of September 2005.

HENG SWEE KEAT

Managing Director,
Monetary Authority of Singapore.

[SFD-CFD 018/2005; AG/LEG/SL/289/2005/10 Vol. 2]

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