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”, in relation to a collective investment scheme whether or not constituted as a VCC or sub‑fund of an umbrella VCC, means an entity to which the assets of the collective investment scheme are entrusted for safekeeping;

“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;

“non‑umbrella VCC” has the meaning given by section 2(1) of the Variable Capital Companies Act 2018;

[S 638/2024 wef 31/12/2021]

“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]

“restricted real estate investment trust” means a restricted scheme —

(a)	that is a trust;
(b)	that invests primarily in real estate and real estate related assets specified by the Authority in the Code on Collective Investment Schemes; and
(c)	that has all or any of its units listed for quotation on an approved exchange, or for which an application to an approved exchange to list such units has been submitted and the application has not been withdrawn, or rejected by the approved exchange; [S 402/2020 wef 29/05/2020]

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

“restricted scheme” means a collective investment scheme mentioned in section 305(1) or (2) of the Act;

[S 669/2018 wef 08/10/2018]

“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]

“sub‑fund”, in relation to an umbrella fund, means a collective investment scheme that is part of the umbrella fund;

“umbrella fund” means an entity (including an umbrella VCC) or a trust, the constitution (or other equivalent document) or the trust deed (as the case may be) of which provides that it consists, or is to consist, of 2 or more sub‑funds, or words to that effect;

“umbrella VCC” and “VCC” have the meanings given by section 2(1) of the Variable Capital Companies Act 2018.

[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 13 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://eservices.mas.gov.sg/opera, 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]

[S 669/2018 wef 08/10/2018]

[S 638/2024 wef 31/12/2021]

(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 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]

[S 669/2018 wef 08/10/2018]

(1B) [Deleted by S 669/2018 wef 08/10/2018]

(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 13 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://eservices.mas.gov.sg/opera.

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

[S 669/2018 wef 08/10/2018]

[S 638/2024 wef 31/12/2021]

(2) All forms used for the purposes of Division 2 of Part 13 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.

[S 638/2024 wef 31/12/2021]

(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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