| ENSURING SOUND MARKET CONDUCT |
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| Regulatory Frameworks for
Business Trusts and Trust Companies |
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| MAS will be introducing a framework
to regulate business trusts. A business trust is an alternative
structure under which a business enterprise can be structured.
The business assets, which are held in trust and managed
by a trustee, are beneficially owned by investors who hold units
in the business trust. Introducing business trusts as a new
asset class will add further depth and vibrancy to Singapores
capital markets. The proposed regulatory framework for business
trusts aims to: |
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Set out the fundamental rights
of investors and creditors in a business trust. |
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Clearly establish the duties
and accountability of trustees and their directors. |
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Regulate offers of units in
business trusts. |
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The public consultation on the policy
framework to regulate business trusts was concluded in January
2004. The draft Business Trusts Act and related amendments to
the SFA will be introduced in Parliament in the second half
of 2004.
We are also creating a new regulatory framework for trust companies.
Trust companies are service providers that engage in the business
of acting as trustee or administering trusts. They may also
create trusts or arrange for another person to act as trustee.
Trust companies are currently regulated by the Accounting and
Corporate Regulatory Authority under the current Trust Companies
Act.
MAS will regulate trust companies under the new framework, which
includes a new Trust Companies Act. The framework will increase
legal clarity and provide guidance for trust companies in Singapore
and ensure high standards of business conduct, professionalism
and competence in the trust services industry. The new framework
will apply to all trust companies and will incorporate measures
not covered in the existing regulation, such as anti-money laundering. |
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