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MAS Notice SFA 04-N07 — Notice on Prohibited Representations Made by Exempt Persons Under the Second Schedule to the Securities and Futures (Licensing and Conduct of Business) Regulations (Rg 10)

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Notice No: SFA 04-N07 Issue Date: 5 September 2005 [Last revised on 5 October 2018]

Applies to: Exempt Corporate Finance Adviser Serving Accredited Investors, Exempt Futures Broker, Exempt OTC Derivatives Broker.

Introduction

  1. This Notice is issued pursuant to section 101 of the Securities and Futures Act (Cap. 289) [the "Act"] to exempt persons.

  2. This Notice sets out certain prohibitions in respect of representations made by exempt persons regarding their exempt status.

Definitions

  1. For the purposes of this Notice:

"exempt person" means a person exempted from holding a capital markets services ["CMS"] licence under paragraph 3(1)(d), 3A(1)(d) or 7(1)(b) of the Second Schedule to the Securities and Futures (Licensing and Conduct of Business) Regulations (Rg 10) [the "SFR"];

"qualified investors" has the same meaning as in paragraph 5(3) of the Second Schedule to the SFR.

Prohibited Representations

  1. Exempt persons are exempted from the requirement to hold a CMS licence for the conduct of regulated activities under the Act, subject to the conditions specified in the Second Schedule to the SFR.

  2. An exempt person shall not represent itself, nor cause to be represented, as being licensed, regulated, supervised or registered by the Monetary Authority of Singapore ["MAS"], whether verbally or in writing.


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