Concept Flashcards
The SFA combines regulations governing securities and futures trading, and is supplemented by ____
SFR (Securities and Futures Regulations) has the force of law and provides details regarding the SFA provinces
Notices have legal effect and impose legally binding requirements on a specified class of financial institutions or persons.
Guidelines are not legally binding but they set out principles or standards for best practice regarding the conduct of specified institutions or persons.
Codes cover specific activities but don’t have the force of law.
Practice Notes are issued by MAS, and guided specific institutions or persons regarding administrative procedures.
The MAS specifies whether a violation of Notice is a ____ or not.
Criminal Offense
The extent to which guidelines are followed impacts ____ of MAS regarding an institution or person.
Overall risk assessment
Breach of Code may lead to ___
Non-statutory sanctions
What’s CPF? What’s the purpose of CPF?
The Central Provident Fund (CPF) is a comprehensive social security system that helps working Singaporean Citizens and PR to save funds for retirement.
Who make depositment to CPF on what frequency?
Monthly deposit are made by employees and employers into specific accounts.
The CPF members are allowed to do what with their CPF account?
Use monies in their accounts for specified investments
What’s the purpose of IMAS Code?
The IMAS Code endeavours to foster professionalism in the Investment Management Industry and strengthens investor protection.
What are the two functions of IMAS Code?
- Foster professionalism in the Investment Management Industry
- Strengthen Investor Protection
The IMAS Code prescribes ___ and ___ market practices related to ___
Fair and ethical market practices related to fund management operations
The IMAS Code supplements other laws and regulations, and set the minimum standard applicable to ____
Fund managers in Singapore
Apart from the Code, IMAS has also issued _____ (3)
- Guidelines on Corporate Governance
- Guidelines for the disclosure of expense ratio
- Code of Best Practice in Advertising CIS & Investment Linked Life Insurance policies, which is jointly issued with the Life Insurance Association.
Which practice/policy is jointly issued by IMAS and the Life Insurance Association?
Code of Best Practice in Advertising CIS & Investment Linked Life Insurance Policies
What’s the purpose and nature of CPF Code (Code of Professional Conduct for Asset Managers)?
Voluntary code that encourages ethic practice by asset managers, mainly seeking them to put the client’s interest at first
Definition of Fund Management?
Who defines it?
What’s not included?
Fund management is defined under the SFA as the following activities done on behalf of a customer on a discretionary or non-discretionary basis:
1) Management of a portfolio of securities or future contracts
2) Foreign exchange trading or leveraged foroeign exchange trading for managing the customer’s funds.
3) It doesn’t include real estate investment trust (REIT) management
Under what condition a person that acts as an investment advisor, sub-advisor or gives research to other investment managers (either in SG or overseas) is considered to be conducting fund management activity?
If the person is able to excersie direct or indicrect control over the management of the investment potfrolio.
What are the types FMCs in Singapore?
1) LFMC: A licensed fund FMC holding a CMS license for fund management
2) RFMC: Registered with MAS as a registered FMC
What’s a LFMC? What’re the types of LFMC in Singapore?
LFMC is a licensed fund FMC holdings a CMS license for fund management in Singapore.
1) Retail LFMC: Serving all types of investors, including retail investors
2) A/I LFMC (Licensed Accredited / Institutional FMCs) which must serve only accredited or institutional investors, without any limits on the number of clients.
What’s an RFMC? What are the requirement for RFMC? What’s the AUM requirement?
RFMC registered with MAS as a registered FMC
1) RFMC can’t manage over SGD250mn assets
2) Can’t serve more than 30 qualified investors, of which not more than 15 close-end fund, which include close-end funds and CIS
Who’re Qualified Investors? (5 types)
- Accredited investor, subject to exceptions
- A CIS offered to accredited and/or institutional investors
- A close-end fund offered only to accredited investors
- An institutional investor, other than CIS
- A limited partnership, where the limited partners comprise solely of accredited or institutional investors.
Who’re accredited investors but not quaified investors? (5 types)
- Partiticpants in a CIS offered to Accredited or Institutional Investors.
- Holders of units in a close-end fund offered only to accredited or institutional investors
- An entity with net assets exceeding SGD10 million in value which is related to or controlled by an RFMC, or a key officer or substantial shareholder of such person
- An entity with net assets exceeding SGD10 million in value, the share or debentures of which are offered to any non-accredited investor.
- A corporation or an entity which is a CIS or a closed-end fund offered to any non-accredited investor.
In determining the value of ASUM, only assets in respect of ____ should be included.
What should be excluded from the FMC’s AUM?
How to determine the value of assets under management? Managed assets should be based on ____value of the assets being managed.
which the FMC has an agreement to provide the fund management services
1)Moneys committed by investors but not drawn down should be excluded, which is commonly seen in private equity funds.
2) Any leverage to which the managed assets are exposed should be excluded.
Managed assets should be based on the net value of the assets being managed.
Which type of RFMCs should closely monitor its AUM in order to meet the AUM thresholds for its business?
RFMCs which manage private equity investments or funds that operate on COMMITTED CAPITAL basis, should consider the total committed capital of the fund.
The FMC Licensing Guidelines_____
stipulate the general criteria for licensing or registration of FMCs.
What stipulate the general criteria for licensing or registration of FMCs?
The FMC Licensing Guidelines
What’s The Letter of Responsibility?
The Letter of Responsibility is basically a commitment from the parent company that it will oversee the applicant’s operations, financial position, compliances, management and other relevant issues.
Due Diligence Checks Include___ (6 items)
For self-employed person, records from ___ should be obtained to confirm _____
- Probity checks on the identity and verification of the representative’s identity.
Fore foreigners, the FMC should verify that he possesses the EP or has applifed for the same to the relevant authorities.
- Checks on past records, including reference checks with the previous employers of the employers for confirming that he has not been dismissed or asked to resign whether he has any adverse records.
- Checking the Public Register of Representatives on MAS webiste and conduct probity searches for verifying the past records of employment and regulatory status of the proposed representatives.
- Probity checks on the financial status, which requires FMC to obtain reports from Ministry of Law’s Insolvency and Public Trustee’s Office Online Portal to make sure that the proposed representative is not an undischarged bankrupt.
- For self-employed person, records from CPF Board should be obtained to confirm the proposed representative is not in arrears of his contributions to CPF Board.
- Checks should be perfomred with credit agencies regarding bankruptcy status abroad and the credit status from the Credit Bureau in Singapore
What’s the spirit of Effects Doctrine of the SFA for any act conducted wholly outside Singapore? If the act has ______ effect in Singapore.
When a foreign entity would be caught no matter it fits into the spirit of Effects Doctrine or not?
If the act has both a SUBSTANTIAL and Reasonably foreseeable effect in Singapore.
The act will be substantial based on ____
The act will be foreseeable if___
However, if the foreign entity conducts any regulated activity to service Singapore clients through a regulated person or any other Singapore entity, that act wouldn’t be caught.
For a foreign company to apply for conducting regulated activity, the foreign related corporation should perform its functions ___, ___, and ____
efficiently, honestly, and fairly.
Base Capital
Base Capital = Paid-up ordinary share capital
+
Paid-up irredeemable and non-cumulative preference share capital
+
Unappropriated profit or loss in the latest accounts
-
Any interim loss in the latest available account and any dividend that has been declared sicne the latest audited account
What does net head office funds means?
Net liability of the Singapore branch of the foreign company to its head office and other overseas branches
What’s the requirement for LFMCs under the new RBC Framework?
A LFMC incorporated in Singapore:
- Should not cause its financial resources to fall below its TRR;
- Must maintain adequate financial resources so that the Financial Resources > or = 120% TRR
Financial Resources =
Base capital + other forms of captial - deductibles
Under FULL RBC, TRR covers_____ (5 types of risks)
Operational risk
Counterparty risk
Position risk
Underwriting risk
Large exposure risk under SFA-04-N13
Average Adjusted Assets
Assets are measured at ______
Average Adjusted Assets = (AM1 + AM2 + AM3) / 3
where each AM refers to the asset measure measured as at the end of the month of the immediately preceding quarter
Asset Measure =
Asset Measure = On balance sheet assets + off balance sheet assets - deductibles
Deductibles include cash and equivalents, bank deposits, etc.
What types of “soft dollar” are prohibited?
Receipt of travel, accomodation and entertainment benefits
A trading halt due to sensitive/material information disclosure may last for ____
A minimum 30 mintues after the announcement or any other period decided by SGX-ST
The issuer may request for a temporary suspension in trading if it’s not able to release the material info by _____
Such temporary suspension may last for _____
by the end of the trading halt
30 minutes after the announcement
Prohibited market conduct includes: (7 activities)
- False Trading and Market Rigging Transactions
- Securities Market Manipulation
- False or Misleading Statement and Information
- Fraudulently Inducing Persons to deal in Securities
- Employment of Manipulative and Deceptive Devices
- Dissemination of Information about illegal transactions
- Insider Trading
Which types of matching orders are not offences under false trading?
- Marriages, which involve the tying up of 2 coinciding orders, one from a seller and a corresponding order from a buyer, by a broker
- Put throughs, which are transactions executed outside the exchange, but put through to SGX-ST for record and compliance with its rules.
What are Fales trading and market rigging in relation to securities? (4 examples)
- Buying and selling
- Wash trades
- Matching orders
- Window dressing
What are two common methods of market manipulation that use false or misleading information?
- Pump and dump
- Short and distort
A person is conisdered “connected to a corporation” if he ____(5 types)
- an officer of the corporation or of a related corporation
- Substantial shareholder
- Occupies a position that may reasonably be expected to provide him with access to price sensistive info
- The issuer’s lawyer, accountant, banker, investment banker, public relations consultant, advertising agency, consultant, valuers and etc.
- Counterparty in an ongoing M&A
A person is an officer of a corporation if he’s ____ (5 types)
- A director, secretary or employee
- A receiver, or receiver and manager, of property of the corporation
- A judicial manager
- A liquidator
- A trustee or other person administering a compromise or arrangement involving the corporation
What’s the “Parity of Information” legal theory?
What is known to the defendant is already known or available in the general market.
What’s securities hawking? It’s not applicable to ____
Representatives are prohibited from offering or inviting any subscription or purchase of securities, during unsolicited meetings with clients or other investors.
However, the requirement is not applicable to offers that are made to securities that do not need a prospectus, e.g. those to instiutional investors, accredited investors.
What’s Churning?
Excessive Trading
What’s Late Trading?
Late trading is the practice where an ivnestor places an order to subscribe, swithch, cancel or redeem units or shares in a CIS after the time which the CIS has calculated its net asset value.
What’s buying in?
Who’s buying in?
The CDP buys securities on behalf of sellers who do not possess securities for delivery on settlement day.
In a buying in, the cost of purchase and an additional penalty is charged to the seller who fails to deliver the securities.
What’s suggested in the SGX-ST rules to prevent manipulation and the creation of a false market?
The Vigilant Practices
The Vigilant Practices suggested in the SGX-ST rules aims to ____
Prevent manipulation and the creation of a false market
Crossings refer to ____
Transactions between the same parties for the same volumes, which are later reversed at the same prices
What’s bucketing?
Bucketing is said to take place if a representative directly or indirectly takes the opposite side of a customer’s order into his own account or any other account in which he has an interest.