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Financial Services Update No. 5 of 2006
MAS issues consultation paper on proposed changes to Banking Act

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On 31 July 2006, the Monetary Authority of Singapore (the "MAS") released a draft Banking (Amendment) Bill 2006 (the "Draft Bill") for public consultation. Comments on the Draft Bill must be submitted to the MAS by 31 August 2006.

 

The Draft Bill proposes the following key amendments to the Banking Act:

 
  • Revision of methodologies for limiting concentration risk and related party exposures
  • Introduction of risked-based asset maintenance requirement
  • Revising priority ranking of deposit liabilities of a bank
  • Flexibility for the MAS to prescribe what constitutes a "deposit"
  • Enhancing the MAS' role in bank resolution
  • Implementing proposed enhancements to the liquidity risk supervision framework
  • Lifting the statutory reserve fund requirement
  • Expanding the regulatory scope for credit card issuance
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    Financial Services Update No. 4 of 2006
    New rules for listing of hedge funds effective 29 June 2006

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    The Singapore Exchange Limited announced that a new set of rules for the listing of hedge funds is effective from 29 June 2006. The new rules address the following key issues with respect to the listing of hedge funds:

     
  • Listing requirements
  •     Authorisation or recognition
        Minimum asset size requirements
        Requirements on prime broker
        Qualifications of management company and investment manager
        Offering document
        Other listing requirement specific to hedge fund
  • No trading of units
  • Continuing listing obligations
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    Financial Services Update No. 3 of 2006
    SGX releases new rules for the listing of Global Depository Receipts

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    On 22 June 2006, the Listing Manual of the Singapore Exchange Securities Trading Limited is revised to introduce new rules for the listing of Global Depository Receipts ("GDRs") and the continuing listing obligations.

    The new rules address the following issues in connection with the listing of GDRs:

     
  • Listing requirements
  • Targeted investors for GDRs
  • Requirements for the Depository
  • Continuing listing obligations
  • Documents to be submitted in listing application and after approval in-principle
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    Financial Services Update No. 2 of 2006
    Amendments to SGX-ST Listing Manual to enhance corporate governance standards

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    On 1 September 2006, the Listing Manual of the Singapore Exchange Securities Trading Limited (the "Listing Manual") will be amended to incorporate rules aiming to raise corporate governance standards and promote good regulatory practices.

    The key amendments that will be included in the Listing Manual are as follow.

     
    Initial listing requirements
  • Two independent resident directors for foreign issuers
  • Appointment of compliance adviser if necessary
  • Disclosure of directors' prior experience or training
  • Additional confirmation by issue manager
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    Continuing listing requirements
  • Two independent non-executive directors for all issuers
  • "Negative assurance" confirmation on accuracy of interim financial results
  • Sponsorship disclosure requirement extended to two years
  • Voluntary compliance with the OFR Guide
  • Disclosure of directors' prior experience or training
  • Simpler disclosure requirement relating to accountants of subsidiaries
  • Post-listing requirements for debt securities
  • Disclosure of material information during trading hours
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    Real estate investment trusts (REITs)
  • New requirements on issuance of new units by REIT under general mandate
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    Financial Services Update No. 1 of 2006
    Securities and Futures (Market Conduct) (Exemptions) Regulations 2006

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    On 6 March 2006, the Monetary Authority of Singapore issued the Securities and Futures (Market Conduct) (Exemptions) Regulations 2006 (the "Regulations") which came into effect that day.

    The Regulations set out an omnibus exemption from, inter alia, Sections 197 (relating to false trading and market rigging transactions) and 198 (relating to securities market manipulation) of the Securities and Futures Act for stabilising action taken in respect of offers of securities, including offers of bonds and convertible bonds which are listed or to be listed on Singapore Exchange Securities Trading Limited.

     

     
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