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Refining Regulatory Frameworks - SFA
and FAA Amendments
The second of a two-phase set of amendments to the SFA and the Financial
Advisers Act (FAA) was passed by Parliament in January 2005. The amendments
take into account the feedback MAS received in the course of public
consultation.
The SFA amendments implement the private-sector led Company Legislation
and Regulatory Framework Committees recommendations. The Act
focuses on capital raising rules and provides greater regulatory certainty
to the industry on provisions relating to investment offers. It also
refines the liabilities of professionals involved in capital raising
and simplifies some prospectus rules. On markets and clearing facilities,
the Act calibrates the level of regulation to better match the different
levels of systemic risk posed by different bodies. The Act also fine-tunes
the rules on the conduct of intermediaries.
The FAA amendments ensure that the regulation of financial advisers
(FAs) remains business friendly, while promoting fair treatment of
customers. The Act excludes the provision of generally circulated
advice by financial advisers from the requirement to provide a reasonable
basis for recommendations. It also extends MAS powers to issue
Prohibition Orders to a person with any convictions related to financial
advisory activities in a foreign country. |
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