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General FAQs

 

General FAQs

Multi-Level Marketing Scheme

Q I am thinking of operating a multi-level marketing scheme in Singapore or have been invited to participate in a multi-level marketing scheme. Can you advise me whether the scheme is legitimate or how I may set up a scheme that operates within the confines of the law?

A

If you intend to operate or participate in a multi-level marketing scheme, you are advised to acquaint yourself with the relevant laws. Multi-level marketing & pyramid selling schemes are governed by the Multi-level Marketing and Pyramid Selling (Prohibition) Act (Chapter 190). You may also wish to consult a legal practitioner for advice.

More information is available under our Crime Prevention section as well as the FAQs section in the website of Ministry of Trade and Industry.

Offering Financial Consultancy/Advisory Services

Q 

I intend to set up a business offering financial consultancy services. Do I need a licence to operate, and what licence should I apply for?

A Certain business activities are specifically regulated by the Securities & Futures Act and the Financial Advisers Act. Conducting a business in such regulated activities or holding out oneself to be conducting such business must be done only by holders of the requisite licence issued by Monetary Authority of Singapore. Please refer to the two Acts and their subsidiary legislation at http://statutes.agc.gov.sg for a better understanding of the regulated activities that require a licence. More specific queries should be directed at the Monetary Authority of Singapore, as it is the market regulator and licence issuer for securities related activities.

Officers of Listed Companies
 

Q As a director of a listed company, I am interested to know what guidelines or advice CAD can provide to me so that we operate within the confines of the law?

A

The main statute governing the structure and running of companies is the Companies Act (Chapter 50). The Securities & Futures Act (Chapter 289) provides the perimeters for issuing and trading of listed company securities. You should also note that under the continuous disclosure requirements of the Securities & Futures Act, a listed company is obliged by law to abide by the listing rules of the exchange in relation to notifying the exchange on specified events or matters as they occur.

Please note that it is not feasible for us to provide an exhaustive list of all the legislation relevant to the running of a listed company here. We would also emphasise here that good corporate governance does not stop at abiding by the letter of the relevant statutes.

Q I am a director of a listed company that is currently assisting in CAD investigations. Does the company have to make an announcement concerning its involvement in CAD investigations? Can CAD provide advice on the wording and contents of the announcement prior to release?

A

It is best for the directors of the company to consult the Singapore Exchange on whether an announcement is required, and the sufficiency of its contents. You may also wish to refer to the Singapore Exchange's Listing Rules for guidance on matters that require prompt notification to the Exchange for purposes of public announcement.

Trading in Securities

Q

Someone contacted me over the telephone and recommended me a share counter listed on an overseas exchange. He told me on a confidential basis that the share price is likely to appreciate significantly as the company will be making a "big" business transaction soon. I don't know the person who called me and I have never heard of this counter previously. Is it safe for me to buy the share?

A You should tread with caution when thinking of buying unknown shares recommended by unknown callers. There is no good reason why someone in possession of "secret" good news about a counter would want to share it with you. Many of these "tips" tend to be scams operated by persons located overseas. The shares sold to unsuspecting buyers are either non-existent or extremely illiquid. If you fall prey to such a scam, chances of recovering your money are low as the money will most likely be transferred out of Singapore before you discover the scam.

Please see our Crime Prevention section on boiler room or cold call scams for more information.


Q There is a civil penalty regime as well as a criminal penalty regime for securities market conduct offences in Singapore. How do the authorities decide on whether an offence should be dealt with on the civil regime or the criminal regime?

A


Monetary Authority of Singapore administers the civil penalty regime for market conduct offences while CAD handles the criminal enforcement regime. We have an agreed set of protocols and criteria with Monetary Authority of Singapore for assessing market misconduct complaints. Broadly speaking, the agreed criteria provides for the tracking of cases based on the nature and severity of the alleged misconduct. We review the criteria on a regular basis to ensure that it stays relevant and updated. We are unable to provide further details of the decision criteria as such information could give potential offenders clear markers on how to avoid liability.

Last updated on 13 July 2007
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