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Civil Penalty Regime
The civil penalty regime under the SFA to deal with market misconduct
contraventions became operational in January 2004. Under this regime,
MAS may, with the consent of the Public Prosecutor, seek a court order
requiring a person to pay a civil penalty to MAS for market misconduct
breaches. The regime also provides for out-of-court agreements between
MAS and the contravening person for the latter to pay civil penalties
to MAS, with or without admission of liability.
Introduced to support Singapores move towards a disclosure-based
regulatory regime for our capital markets, the civil penalty regime
is the first of its kind in Singapore and complements the criminal
regime for market misconduct breaches under Part XII of the SFA.
MAS took its first civil penalty action against three individuals
for breaches of the insider trading provisions of the SFA in October
2004. The three individuals admitted to civil penalty liability and
paid civil penalties of S$715,000 to MAS, without court action. |
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