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Contents

Long Title

Part I PRELIMINARY

Part II MARKETS

Division 1 — Establishment of Markets

Subdivision 1 Approved exchange and recognised market operator

Subdivision 2 Exempt market operator

Division 2 — Regulation of Approved Exchanges

Subdivision 1 Obligations of approved exchanges

Subdivision 2 Rules of approved exchanges

Subdivision 3 Matters requiring approval of Authority

Subdivision 4 Powers of Authority

Subdivision 5 Immunity

Division 3 — Regulation of Recognised Market Operators

Division 4 — General Powers of Authority

Division 5 — Voluntary Transfer of Business of Approved Exchange or Recognised Market Operator

Part IIA TRADE REPOSITORIES

Division 1 — Licensing of Trade Repositories

Division 2 — Regulation of Licensed Trade Repositories

Subdivision 1 Obligations of licensed trade repositories

Subdivision 2 Rules of licensed trade repositories

Subdivision 3 Matters requiring approval of Authority

Subdivision 4 Powers of Authority

Subdivision 5 Immunity

Division 3 — Regulation of Licensed Foreign Trade Repositories

Division 4 — General Powers of Authority

Division 5 — Voluntary Transfer of Business of Licensed Trade Repository or Licensed Foreign Trade Repository

Part III CLEARING FACILITIES

Division 1 — Establishment of Clearing Facilities

Division 2 — Regulation of Approved Clearing Houses

Subdivision 1 Obligations of approved clearing houses

Subdivision 2 Rules of approved clearing houses

Subdivision 3 Matters requiring approval of Authority

Subdivision 4 Immunity

Division 3 — Regulation of Recognised Clearing Houses

Division 4 — Insolvency

Division 5 — General Powers of Authority

Division 6 — Voluntary Transfer of Business of Approved Clearing House or Recognised Clearing House

Part IIIA APPROVED HOLDING COMPANIES

Division 1 — Establishment of Approved Holding Companies

Division 2 — Regulation of Approved Holding Companies

Division 3 — Voluntary Transfer of Business of Approved Holding Company

Part IV HOLDERS OF CAPITAL MARKETS SERVICES LICENCE AND REPRESENTATIVES

Division 1 — Capital Markets Services Licence

Division 1A — Voluntary Transfer of Business of Holder of Capital Markets Services Licence

Division 2 — Representatives

Division 3 — General

Part V BOOKS, CUSTOMER ASSETS AND AUDIT

Division 1 — Books

Division 2 — Customer Assets

Division 3 — Audit

Part VI CONDUCT OF BUSINESS

Division 1 — General

Part VIA REPORTING OF DERIVATIVES CONTRACTS

Part VIB CLEARING OF DERIVATIVES CONTRACTS

Part VII DISCLOSURE OF INTERESTS

Division 1 — Disclosure of Interest in Corporation

Subdivision 1 Disclosure by directors and chief executive officer of corporation

Subdivision 2 Disclosure by substantial shareholders in corporation

Subdivision 3 Disclosure by corporation

Division 2 — Disclosure of Interest in Business Trust and Interest in Trustee-Manager of Business Trust

Subdivision 1 Disclosure by substantial unitholders of business trust

Subdivision 2 Disclosure by directors and chief executive officer of trustee-manager of business trust

Subdivision 3 Disclosure by holders of voting shares in trustee-manager

Subdivision 4 Disclosure by trustee-manager

Division 3 — Disclosure of Interests in Real Estate Investment Trust and Interests in Shares of Responsible Person

Subdivision 1 Disclosure by substantial unitholders of real estate investment trust

Subdivision 2 Disclosure by directors and chief executive officer of responsible person

Subdivision 3 Disclosure by holders of voting shares in responsible person

Subdivision 4 Disclosure by responsible person

Division 4 — Civil Penalty

Part VIII SECURITIES INDUSTRY COUNCIL AND TAKE-OVER OFFERS

Part IX SUPERVISION AND INVESTIGATION

Division 1 — Supervisory Powers

Subdivision 1 Powers of Authority to require disclosure of information about securities and futures contracts

Subdivision 2 Inspection powers of Authority

Subdivision 3 Inspection powers of foreign regulatory authority

Division 2 — Power of Minister to Appoint Inspector for Investigating Dealings in Securities, etc.

Division 3 — Investigative Powers of Authority

Subdivision 1 General

Subdivision 2 Examination of persons

Subdivision 3 Powers to obtain information

Division 4 — Transfer of Evidence

Part X ASSISTANCE TO FOREIGN REGULATORY AUTHORITIES

Part XI INVESTOR COMPENSATION SCHEME

Part XII MARKET CONDUCT

Division 1 — Prohibited Conduct — Securities

Division 2 — Prohibited Conduct — Futures Contracts, Leveraged Foreign Exchange Trading

Division 3 — Insider Trading

Division 4 — Civil Liability

Division 5 — Attributed Liability

Subdivision 1 Corporations

Subdivision 2 Partnerships and limited liability partnerships

Subdivision 3 Officers, partners, etc., of entities

Subdivision 4 General

Division 6 — Miscellaneous

Part XIII OFFERS OF INVESTMENTS

Division 1 — Shares and Debentures

Subdivision 1 Interpretation

Subdivision 2 Prospectus requirements

Subdivision 3 Debentures

Subdivision 4 Exemptions

Division 1A — Business Trusts

Subdivision 1 Interpretation

Subdivision 2 Prospectus requirements

Subdivision 2A Recognised business trusts

Subdivision 3 Exemptions

Subdivision 4 Debentures

Division 2 — Collective Investment Schemes

Subdivision 1 Interpretation

Subdivision 2 Authorisation and recognition

Subdivision 2A Voluntary transfer of business of approved trustee

Subdivision 3 Prospectus requirements

Subdivision 4 Exemptions

Division 3 — Securities Hawking

Part XIV APPEALS

Part XV MISCELLANEOUS

FIRST SCHEDULE Market

SECOND SCHEDULE Regulated Activities

THIRD SCHEDULE Specified Persons

FOURTH SCHEDULE Specified Provisions

Legislative Source Key

Legislative History

Comparative Table

 
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On 23/08/2014, you requested the version in force on 23/08/2014 incorporating all amendments published on or before 23/08/2014. The closest version currently available is that of 01/05/2014.
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Fraudulently inducing persons to deal in securities
200.
—(1)  No person shall —
(a)
by making or publishing any statement, promise or forecast that he knows or ought reasonably to have known to be misleading, false or deceptive;
(b)
by any dishonest concealment of material facts;
(c)
by the reckless making or publishing of any statement, promise or forecast that is misleading, false or deceptive; or
(d)
by recording or storing in, or by means of, any mechanical, electronic or other device information that he knows to be false or misleading in a material particular,
induce or attempt to induce another person to deal in securities.
(2)  In any proceedings against a person for a contravention of subsection (1) constituted by recording or storing information as mentioned in subsection (1)(d), it is a defence if it is established that, at the time when the defendant so recorded or stored the information, he had no reasonable grounds for expecting that the information would be available to any other person.
(3)  In any proceedings against a person for a contravention of subsection (1), the opinion of any registered or public accountant as to the financial position of any company at any time or during any period in respect of which he has made an audit or examination of the affairs of the company according to recognised audit practice shall be admissible, for any party to the proceedings, as evidence of the financial position of the company at that time or during that period, notwithstanding that the opinion is based in whole or in part on book-entries, documents or vouchers or on written or verbal statements by other persons.
[SIA, s. 100; Companies, s. 404 (4)]