Implementation of the FSMA
The FSMA is being implemented in phases.
Phase 1
Phase 1 commenced on 28 April 2023 and migrated the following provisions from the Monetary Authority of Singapore Act 1970 (“MAS Act”):
(a) General powers over financial institutions, including inspection powers, offences and other miscellaneous provisions (Parts 2, 10, 11 and 12# of the FSMA);
(b) Provisions on Anti-Money Laundering / Countering the Financing of Terrorism (Part 4 of the FSMA); and
(c) Provisions on Financial Dispute Resolution Schemes (Part 6 of the FSMA).
#Except section 183 (within Part 12), which will be implemented in later phases.
Phase 2A
Phase 2A commenced on 10 May 2024. It introduces:
(a) new provisions on technology and risk management (Part 5 of the FSMA); and
(b) provisions relating to the control and resolution of financial institutions (Parts 7 and 8 of the FSMA) and certain miscellaneous provisions (section 183(a) and (d) within Part 12 of the FSMA), which are migrated from the MAS Act.
Phase 2B
Phase 2B commenced on 31 July 2024. It introduces and implements MAS’ harmonised and expanded power to issue prohibition orders under Part 3 of the FSMA.
The remaining phases are targeted to be implemented by end of 2024.
Application of the FSMA
The FSMA applies to, amongst others, financial institutions, namely:
- bank
- merchant bank
- finance company
- financial institution approved under the FSMA
- Payment Services Act licensee
- insurer
- insurance intermediary
- financial adviser
- approved holding company, approved exchange, recognised market operator, licensed trade repository, licensed foreign trade repository, approved clearing house, recognised clearing house, authorised benchmark administrator, authorised benchmark submitter, designated benchmark submitter and capital markets services licensee
- trustee for collective investment scheme
- trustee-manager of a business trust
- licensed trust company
- designated financial holding company
- credit card or charge card issuer
- operator of a designated payment system
- provider of digital token service licensed under the FSMA
- any other person licensed, approved, authorised, designated, recognised, registered or otherwise regulated under this Act or any other MAS scheduled Act
Related
- Explanatory Brief for Financial Services and Markets Bill 2022
-
Second Reading Speech for Financial Services and Markets Bill
- Consultation Paper on the New Omnibus Act for the Financial Sector (1.24 MB)
- Response to Feedback Received on the New Omnibus Act for the Financial Sector (399.4 KB)
- FAQs on issuance of a Prohibition Order under the Financial Services and Markets Act 2022