Zusammenfassung der Ressource
Customer Accounts and Assets
- A Licensee shall keep records:
- i) To explain the transactions and financial position of business
- ii) Enable records to be conveniently and properly audited
- iii) > 5 years
- Any contravention shall be liable to:
- i) Fine not exceeding $50,000
- ii) $5,000 for every day for a continuing offence
- A trading member, director or trading representative must:
- i) Maintain complete and accurate records and audit trails
- ii) Not make any false and misleading entry in its business records, documents, accounts
- iii) Make all material entries in the relevant documents
- iv) Not alter or destroy any documents
- v) Ensure integrity, security and confidentiality in the transmission and storage of all records
- Corporate Customer Accounts
- Obtain particular of customers
- Obtain a certified true copy of the
certificate of incorporation of the
customer
- Obtain either:
- a) A copy of the directors' resolution
- b) A power of attorney
- c) a written note
- Individual Customer Acccounts
- Agency Account SGX-ST
- i) The name of principal
- ii) Written evidence of the customer's
authority to trade for the principal
- Agency Account
- A Trading member must have on file:
- a) the name of the principal
- b) written evidence of the customer's authority to trade
for the principal
- Joint Customer Account
- 1. Trading Member allow customers to open:
- i) Joint securities account is opened with CDP
- ii) At least 18
- iii) not undischarged bankrupt
- 2. Operated not more than 2 individual customers,
but estate account may be operated by all
personal representatives
- 3. Trading member must maintain the information:
- i) particulars of holder
- ii) names of persons authorised to give trading order and
settlement instruction
- iii) names of persons to whom payments are to be made
- iv) details of any customer accounts
- 4. Joint customer account holder is jointly, severally, or jointly and
severally liable for all debts incurred
- Approval of Customer Accounts
- At least ONE senior management staff independent of....
- Given BEFORE the execution of the first trade
- Be in WRITING
- Risk Acknowledgement Statement
- Customer is aware of the risk associated
- Does not apply to ACCREDITED INVESTOR
- Unless SGX-ST decides otherwise, BROKERAGES &
CHARGES are negotiable and must be accurately
disclosed to the customer and agreed upon
- Contract Notes
- 1. Send by the next Market Day
- 2. Show separately
- 3. Customers' consent is needed to issue
contract notes in electronic form
- i. Brokerage charged
ii. Stamp duty iii. GST
iv. other fees by
Trading member v.
other fees charged by
other party
- Statement of Account to Customers must send on regular
basis and electronic statements may be sent with customer's
revocable and informed consent (Retain evidence)
- Amendment of Contract
- 1. May amend contract with valid reason
- 2. At least 1 senior management staff
independent of sales of dealing approve
- 3. Approval given before the contract is amended
- Trading member must communicate directly
with customers and not allow any person
other than customer to collect anything ,
unless the person is authorised in writing
- Handling of Customer Assets
- a) Used in such a manner as agreed to by the customer
- b) Paid or deposited as prescribed by the customer
- c) Recorded and maintained in a separate book entry for each customer
- Trust Account
- Money shall be deposited no later than the next business day
- May commingle and deposit all is customers' money in same trust account
- Shall not commingle customer money with its own funds
- Intend to defraud:
- i) Fine not exceeding $150,000
- ii) <$15,000 everyday for continuing offence
- Other cases:
- i) Fine not exceeding $50,000
- ii) <$5,000 everyday for continuing offence
- Maintained with:
- i) A bank under Banking Act
- Merchant Bank approved by MAS
- Finance company licensed under FCA
- Withdrawal of Trust Money
- a) Payment to any person entitled
- b) Payment for customers securities dealings
- c) Payment for brokerage and other charges
- d) Payment to any person or account according
to customers written instruction
- e) Reimburse trading member of any
money advanced to customer account
- f) Making a deposit or payment or
withdrawal that is authorised by law
- Interest Arising from Trust Account
- a) All interest earned from the maintenance of customer's money,
b) All returns from the investments received shall accrue to the
customer
- Placement of Licensee's Own Money in Trust Account
- a) Prevent customers trust account from being under-margined
b) Maintain customers account with financial instituition
- Trading member may retain any
interest earned and return that arise
from monies that it had advanced to
the account
- CHEQUES to customers must be crossed
- Delinquent (not paid or past due) account must be informed to SGX-ST
- Custody Account
- Maintenance of Custody Account with specified custodians
- 1. Deposit customer's assets
- 2. Licensee may maintain custody account itself where it
is licensed under the act to provide custodial services
- 3. With custodian outside Singapore for foreign currency
denominated assets
- Suitability of Custodian
- a) Conduct due diligence as to the custodians suitability for licensee's customers
b) Maintain Records of the grounds which it satisfied istelf of the suitability of the
custodian