Advanced Search

Trust Companies Regulations

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Trust Companies Act
(Chapter 336, Sections 4(1)(b), 5(2), 6(1), 9(1), 10(1)(b), 13(3), 14(2), 28(5) and (6), 69, 71 and 82)
Trust Companies Regulations
Rg 4
G.N. No. S 836/2005
REVISED EDITION 2006
(30th November 2006)
[1st February 2006]
PART I
PRELIMINARY
Citation
1.  These Regulations may be cited as the Trust Companies Regulations.
Definitions
2.  In these Regulations, unless the context otherwise requires —
“advertisement” means a dissemination or conveyance of information, or an invitation or solicitation, by any means or in any form, including —
(a)
publication in a newspaper, magazine, journal or other periodical;
(b)
display of posters or notices;
(c)
circulars, handbills, brochures, pamphlets, books or other documents;
(d)
letters addressed to individuals or bodies;
(e)
photographs or cinematograph films; or
(f)
sound broadcasting, television, the Internet or other media;
“licence” means a trust business licence granted under the Act;
“net asset value”, in relation to a corporation, means the excess of the value of the assets owned by the corporation over its liabilities.
Forms
3.
—(1)  The forms to be used for the purposes of these Regulations are those set out at the Authority’s Internet website at http://www.mas.gov.sg (under “Trust Companies”), and any reference in these Regulations to a numbered form shall be construed as a reference to the current version of the form bearing the corresponding number in that website.
(2)  Where any provision of these Regulations provides for the lodgment of any document with the Authority, that document shall be lodged with the Authority in the relevant form and in the manner specified in the website referred to in paragraph (1), or in such other manner as the Authority may specify from time to time.
(3)  All forms used for the purposes of these Regulations shall be completed in the English language and in accordance with such directions as may be specified in the forms or by the Authority.
(4)  The Authority may refuse to accept any form that is not completed in accordance with this regulation.
(5)  Where strict compliance with any form is not possible, the Authority may allow for the necessary modifications to be made to that form, or for the requirements of that form to be complied with in such other manner as the Authority thinks fit.
(6)  Where the period of time within which a document required under the Act or these Regulations to be lodged with the Authority is not specified, the document shall be lodged within 14 days after the occurrence of the event to which the document relates.
Fees
4.
—(1)  The application fee payable to the Authority under section 4(1) of the Act in respect of an application for a trust business licence shall be $1,000.
(2)  The licence fee for a period of one year or part thereof payable to the Authority under section 6 of the Act by a licensed trust company shall be $4,000.
(3)  The Authority may, as it thinks fit, waive the whole or any part of the licence fee payable by the licensed trust company.
(4)  Where the licensed trust company fails to pay the licence fee by the day on which the fee is due as determined in accordance with guidelines issued by the Authority, the Authority may impose a late payment fee not exceeding $100 for every day or part thereof that the payment is late, subject to a maximum of $3,000.
(5)  Payment of fees may be made through such electronic funds transfer system as the Authority may designate from time to time, whereby payment may be effected by directing the transfer of funds electronically from the bank account of the payer to a bank account designated by the Authority.
PART II
REGULATION OF LICENSED TRUST COMPANIES
Change of particulars of licensed trust company
5.
—(1)  For the purposes of section 9(1)(f) of the Act, whenever —
(a)
there is a change in the registered address in Singapore of a licensed trust company;
(b)
there is a change in the email address or contact number in Singapore of a licensed trust company; or
(c)
a director of a licensed trust company ceases to hold office or to be in the employment of the licensed trust company,
the licensed trust company shall, not later than 14 days after the occurrence of such event, furnish particulars thereof to the Authority.
(2)  Paragraph (1)(c) shall not apply where a director of a licensed trust company has been removed from office or employment pursuant to section 14 of the Act.
(3)  Where any change occurs to any of the particulars (including any particulars referred to in paragraph (1)) that have been furnished to the Authority by a licensed trust company under section 9 of the Act, the licensed trust company shall notify the Authority of such change in Form 2 within 14 days after the change takes place.
Lapsing of licence
6.  For the purposes of section 10(1)(b) of the Act, where the Authority has not revoked a licence under section 10(2)(b) of the Act, the licence shall lapse where —
(a)
the licensed trust company has not commenced trust business within 6 months (or such longer period as the Authority may allow) from the date of the grant of the licence; or
(b)
the licensed trust company —
(i)
has ceased to carry on its trust business;
(ii)
has not resumed any trust business for a continuous period of 14 days from the date of cessation of its trust business; and
(iii)
has not notified the Authority of such cessation of its trust business at any time during the period of 14 days from the date of the cessation.
Return of licence
7.
—(1)  Where a licensed trust company ceases to carry on trust business, the licensed trust company shall lodge with the Authority a notice in Form 2 and, together with the Form, return its licence to the Authority within 14 days from the date of cessation of its trust business.
(2)  Where a licensed trust company has not commenced trust business within 6 months (or such longer period as the Authority may allow) of being granted a licence, the licensed trust company shall immediately return its licence to the Authority for cancellation.
(3)  Where the Authority varies any condition or restriction imposed on a licence granted to a licensed trust company or imposes further conditions or restrictions on such licence, the licensed trust company shall immediately return the licence to the Authority for cancellation and the Authority shall issue a new licence to the licensed trust company.
Number of resident managers
8.
—(1)  A licensed trust company shall appoint at least 2 resident managers.
(2)  Any licensed trust company which contravenes paragraph (1) shall be guilty of an offence.
Application and criteria for appointment of resident manager and director
9.
—(1)  For the purposes of section 13(1) of the Act, a licensed trust company shall submit to the Authority an application in Form 4 for approval of the appointment of a person (referred to in this regulation as the appointee) as its resident manager or director.
(2)  For the purposes of section 13(3) of the Act, the criteria to which the Authority may have regard in determining whether to grant its approval in respect of an application made under paragraph (1) are —
(a)
whether the licensed trust company has provided the Authority with such information relating to the appointee as the Authority may require;
(b)
whether the appointee is an undischarged bankrupt in Singapore or elsewhere;
(c)
whether execution against the appointee in respect of a judgment debt has been returned unsatisfied in whole or in part;
(d)
whether the appointee has, in Singapore or elsewhere, entered into a compromise or scheme of arrangement with his creditors, being a compromise or scheme of arrangement that is still in operation;
(e)
whether the appointee has been convicted of any offence whether in Singapore or elsewhere;
(f)
the educational or other qualification, experience or expertise of the appointee, having regard to the nature of the duties he is to perform as a resident manager or director, as the case may be, of the licensed trust company;
(g)
whether the appointee is a fit and proper person, in the opinion of the Authority, to be a resident manager or director, as the case may be, of the licensed trust company;
(h)
the financial standing of the appointee;
(i)
the past performance of the appointee, having regard to the nature of the duties the appointee is to perform as a resident manager or director, as the case may be, of the licensed trust company; and
(j)
whether there is reason to believe that the appointee will not conduct himself professionally or act in an ethical manner in discharging the duties he is to perform as a resident manager or director, as the case may be, of the licensed trust company.
Duties of resident manager and director
10.  For the purposes of section 14 of the Act and without prejudice to any other matter that the Authority may consider relevant, the Authority shall, in determining whether a resident manager or a director of a licensed trust company has failed to discharge the duties or functions of his office, have regard to whether the resident manager or director has —
(a)
implemented, and ensured compliance with, effective written policies on all operational areas of the licensed trust company, including the licensed trust company’s financial policies, accounting and internal controls, trust accounting, internal auditing, trust administration, trusteeship and compliance with all laws and rules governing the licensed trust company’s operations;
(b)
identified, addressed and monitored the risks associated with the business activities of the licensed trust company;
(c)
set out in writing the limits of the discretionary powers of each officer, committee, sub-committee or other group of persons of the licensed trust company empowered to commit the licensed trust company to any financial undertaking or to expose the licensed trust company to a risk of any nature; and
(d)
ensured —
(i)
that the licensed trust company keeps a written record of the steps taken by it to monitor compliance with its policies, the limits on discretionary powers and its accounting and operating procedures;
(ii)
that the business activities of the licensed trust company are subject to adequate internal audit, and that the internal audit of the licensed trust company includes inquiring into the licensed trust company’s compliance with all relevant laws; and
(iii)
the accuracy, correctness and completeness of any report, book or statement submitted by the licensed trust company to its head office (if any) or to the Authority.
PART III
FINANCIAL REQUIREMENTS
Minimum financial requirements for trust companies
11.
—(1)  For the purposes of section 5(2) of the Act, the Authority shall not grant a trust business licence to a corporation unless the corporation satisfies the following requirement at the time of the grant:
(a)
where the corporation is incorporated in Singapore, its paid-up capital is not less than $250,000;
(b)
where the corporation is a foreign company, its qualifying assets are not less than $250,000.
(2)  For the purposes of paragraph (1)(b), the Authority may, from time to time and by notice in writing, specify the requirements relating to the qualifying assets referred to in that paragraph.
Maintenance of net asset value and qualifying assets
12.
—(1)  A licensed trust company incorporated in Singapore shall at all times maintain a net asset value of not less than —
(a)
where it does not have a financial year immediately preceding the current financial year, three-quarters of the minimum paid-up capital required under regulation 11; or
(b)
in any other case —
(i)
one-quarter of its relevant annual expenditure of the financial year immediately preceding the current financial year; or
(ii)
three-quarters of the minimum paid-up capital required under regulation 11,
whichever is the higher amount.
(2)  A licensed trust company incorporated outside Singapore shall at all times maintain qualifying assets in the branch in Singapore, of not less than —
(a)
where it does not have a financial year immediately preceding the current financial year, the minimum qualifying assets required under regulation 11; or
(b)
in any other case —
(i)
one-quarter of its relevant annual expenditure of the financial year immediately preceding the current financial year; or
(ii)
the minimum qualifying assets required under regulation 11,
whichever is the higher amount.
(3)  For the purposes of paragraphs (1)(b)(i) and (2)(b)(i), the relevant annual expenditure of a licensed trust company for the financial year immediately preceding the current financial year means the total expenditure of the trust company for that year less the following:
(a)
staff bonuses (except to the extent that they are guaranteed); and
(b)
employees’ and directors’ shares in profits (except to the extent that they are guaranteed).
(4)  Any licensed trust company which contravenes paragraph (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000.
Where net asset value or qualifying assets falls below required amount
13.
—(1)  If a licensed trust company fails, or becomes aware that it will fail, to comply with regulation 12(1) or (2), as the case may be, the licensed trust company shall immediately notify the Authority in Form 2.
(2)  If the Authority is notified by a licensed trust company under paragraph (1) or becomes aware that the licensed trust company has failed to comply with regulation 12(1) or (2), as the case may be, the Authority may —
(a)
direct the licensed trust company to immediately do one or more of the following:
(i)
submit such statements or reports on a weekly basis or at such other intervals as the Authority may require until the licensed trust company meets the requirements in regulation 12(1) or (2), as the case may be;
(ii)
operate its business in such manner and on such conditions as the Authority may impose; or
(b)
revoke or suspend the licence of the licensed trust company under section 10(2)(d) of the Act.
(3)  The Authority may revoke or suspend the licence of a licensed trust company under section 10(2)(d) of the Act if the licensed trust company fails to comply with a direction issued to it by the Authority under paragraph (2)(a).
Professional indemnity insurance
14.
—(1)  A licensed trust company shall maintain, at all times, a professional indemnity insurance policy that —
(a)
covers all liabilities arising out of negligent discharge of the duties of the licensed trust company; and
(b)
is commensurate with the levels of risk of the licensed trust company’s business.
(2)  The Authority may, at any time, by notice in writing, require the licensed trust company to satisfy the Authority that its professional indemnity insurance policy complies with the requirements of paragraph (1).
(3)  Any licensed trust company which contravenes paragraph (1) or (2) shall be guilty of an offence.
PART IV
CONDUCT OF BUSINESS
Limits for unsecured credit and credit facilities
15.
—(1)  No licensed trust company shall grant any unsecured advance, unsecured loan or unsecured credit facility —
(a)
to a director of the licensed trust company, other than a director who is its employee; or
(b)
to any other officer or an employee of the licensed trust company (including a director who is its employee) which in the aggregate, and on which the outstanding at any one time, exceeds $3,000 or such other amount as may be prescribed.
(2)  In this regulation —
“director”, in relation to a licensed trust company, means a director of the licensed trust company and includes the spouse, father, step-father, mother, step-mother, son, step-son, daughter, step-daughter, brother or sister, of a director;
“unsecured credit facility” includes —
(a)
any advance, loan or credit facility made by the licensed trust company to its officer or employee, as the case may be, without security, whether it has been drawn down or not;
(b)
in respect of any advance, loan or credit facility made by the licensed trust company to its officer or employee, as the case may be, with security, any part thereof which at any time exceeds the market value of the assets constituting that security or, where the Authority is satisfied that there is no established market value for those assets, the value of those assets based on a valuation approved by the Authority; and
(c)
any guarantee or performance bond entered into by the licensed trust company, or the provision of any security by the licensed trust company, in connection with any advance, loan or credit facility made by another party to its officer or employee, as the case may be.
(3)  Any person who contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000.
Advertisement
16.
—(1)  A licensed trust company shall not, directly or indirectly, publish, circulate or distribute any advertisement which contains any inaccurate or misleading statement or presentation, or any exaggerated statement or presentation that is calculated to exploit a person’s lack of experience and knowledge.
(2)  Any licensed trust company which contravenes paragraph (1) shall be guilty of an offence.
Prohibition of certain trades
17.
—(1)  A licensed trust company shall not —
(a)  as a trustee, enter into any transaction on behalf of a trust; or
(b)  as a provider of trust administration services, cause the trustee to enter into any transaction,
being a transaction to which any of the following is a party:
(i)
the licensed trust company;
(ii)
where the transaction is a personal transaction of a resident manager of the licensed trust company, such resident manager of the licensed trust company;
(iii)
where the transaction is a personal transaction of a director of the licensed trust company, such director of the licensed trust company.
(2)  Any licensed trust company which contravenes paragraph (1) shall be guilty of an offence.
Unclaimed moneys to be paid into court
18.
—(1)  For the purposes of section 60(1) of the Act, a licensed trust company shall make payment of unclaimed moneys and assets into court in accordance with that section and not later than 3 months after the end of the calendar year in which the period of 6 years, from the time such moneys and assets became payable to the person entitled to them, expires.
(2)  Any licensed trust company which contravenes paragraph (1) shall be guilty of an offence.
PART V
ACCOUNTS AND AUDIT
Preparation and lodgment of accounts
19.
—(1)  For the purposes of section 28(5) of the Act, a licensed trust company shall —
(a)
prepare statements in Form 6 in respect of each calendar year or such other period as the Authority may allow; and
(b)
lodge the statements prepared under sub-paragraph (a) with the Authority within 60 days from the end of each calendar year or such other period as the Authority may specify.
(2)  For the purposes of section 28(5) of the Act, a licensed trust company shall —
(a)
prepare a statement showing the maintenance of its net asset value or qualifying assets, as the case may be, in Form 5 and lodge the statement so prepared with the Authority within 14 days from the grant of its licence and thereafter, within 5 months from the end of each of its financial year; and
(b)
lodge with the Authority, within 5 months from the end of each of its financial year, the auditor’s report on the licensed trust company in Form 7.
(3)  The statements referred to in paragraph (1) shall be signed by the resident manager and a member of the board of directors of the licensed trust company.
Books of licensed trust company
20.
—(1)  For the purposes of section 28(6) of the Act, a licensed trust company shall keep books which contain, where applicable, the following:
(a)
particulars (including the name and address) of —
(i)
every settlor of a trust; and
(ii)
to the extent known, every beneficiary of the trust,
in respect of which the licensed trust company acts as a trustee, provides trust administration services or acts in any other capacity including particulars that satisfy such notices as may be issued by the Authority under the Act;
(b)
particulars (including the name and address) of every person related to a trust, in respect of which the licensed trust company provides services in connection with the creation of that trust or arranges for any person to act as trustee of that trust, including particulars that satisfy such notices as may be issued by the Authority under the Act;
(c)
every written agreement, or copy thereof, with respect to a protected party, trustee, co-trustee, trust administrator, trust co-administrator, manager of trust assets or any person who has some degree of discretion with regards to the management of the assets of a trust, insofar as the agreement is prepared or received in the course of the business of the licensed trust company;
(d)
particulars of every proprietary transaction of the licensed trust company including, where applicable —
(i)
the description and quantity of the assets and liabilities that are the subject of the transaction;
(ii)
the price and fee arising from the transaction;
(iii)
the transaction date and settlement or delivery date;
(iv)
the name of the counterparty to the transaction; and
(v)
the realised or unrealised gain or loss;
(e)
particulars of all income and expenses of the licensed trust company;
(f)
particulars of all assets and liabilities (including contingent liabilities) of the licensed trust company and, in the case of assets, particulars indicating —
(i)
by whom these assets or the documents of title to these assets are held; and
(ii)
where these assets are held by some other person, whether or not they are held as security against any loan or advance;
(g)
reports, letters, circulars, memoranda, data or other documents or records prepared or received in the course of business of the licensed trust company, whether the document or record relates to the company itself, a trust for which the company acts as a trustee, or a trust to which the company provides trust administration services;
(h)
records of its internal organisation of employee and officer groupings and functions, showing all directors and key officers and their reporting lines; and
(i)
records of internal control and risk management systems, including the structure of such systems and records of how the systems are applied.
(2)  A licensed trust company shall keep books which contain, where applicable, the following:
(a)
where the licensed trust company acts as a trustee or provides trust administration services —
(i)
the trust deed and any other document describing the intent of the settlor of the relevant trust, if any; and
(ii)
a separate record maintained for each relevant trust, stating, where applicable —
(A)
the amount and description of each asset that is directly or indirectly settled into, distributed from, or otherwise paid into or removed from the trust;
(B)
the date of such settlement, distribution, payment or removal; and
(C)
the purpose of the distribution, payment or removal of assets from the trust;
(b)
where the licensed trust company acts as a trustee of a trust, in addition to the documents and records referred to in sub-paragraph (a) —
(i)
the name of —
(A)
any person who manages the assets of the trust; and
(B)
any person who has some degree of discretion with regards to the management of the assets of the trust,
unless such person is an employee of the licensed trust company; and
(ii)
the minutes for decisions taken as trustee; and
(c)
where the licensed trust company provides trust administration services to a trust, in addition to the documents and records referred to in sub-paragraph (a), the name of the trustee.
PART VI
MISCELLANEOUS
Books in English language
21.
—(1)  Where the Authority requires a licensed trust company to produce any book under the Act and the original version of the book is not in the English language, the licensed trust company shall, within a reasonable time, produce to the Authority a true and accurate translation of that book in the English language.
(2)  Any licensed trust company which contravenes paragraph (1) shall be guilty of an offence.
Opportunity to be heard
22.
—(1)  Where the Act provides for a person to be given an opportunity to be heard by the Authority, the Authority shall post or deliver to that person a notice —
(a)
stating the decision it intends to make that affects him and the grounds for the decision; and
(b)
inviting him to give the Authority, within such period as may be specified in the notice (not being less than 10 days from the date of the receipt of the notice), any written statement, accompanied by relevant supporting documents, as to why the Authority should reconsider the decision it intends to make.
(2)  Any written statement given under paragraph (1)(b) shall be signed by the person to whom the opportunity to be heard is given, a duly authorised employee of that person, or an advocate and solicitor acting for that person.
(3)  The Authority shall consider any written statement and supporting documents given under paragraph (1)(b) in making its final decision.
(4)  In this regulation, “decision” includes any action of, direction by or order issued by the Authority under the Act.
Compoundable offences
23.  The following offences may be compounded by the Authority in accordance with section 69 of the Act:
(a)
any offence under the Act which is punishable by a fine only;
(b)
any offence under section 3(4) of the Act; and
(c)
any offence under section 65(1)(a) of the Act, where the non-compliance referred to in that section constitutes an offence which is compoundable under paragraph (a).
Acceptance of composition of offence
24.
—(1)  The Authority may compound an offence under section 69 of the Act only if the person reasonably suspected of having committed the offence —
(a)
accepts the offer of composition made by the Authority in writing in the form set out in the Schedule; and
(b)
pays the composition sum to the Authority,
within 14 days after the offer of composition is made or such longer period as the Authority may specify.
(2)  Where the person referred to in paragraph (1) is not an individual, the acceptance of composition shall be made —
(a)
in the case of a body corporate, by an officer of that body corporate;
(b)
in the case of a partnership, by a partner of that partnership; or
(c)
in the case of an unincorporated association (other than a partnership), by an officer of that association or a member of its governing body.
(3)  In paragraph (2) —
“body corporate” includes a limited liability partnership;
“officer”  —
(a)
in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate; and
(b)
in relation to an unincorporated association (other than a partnership), means the president, the secretary, any member of the committee of the association or any person holding a position analogous to that of president, secretary or member of a committee.
THE SCHEDULE
Acceptance of Offer of Composition Made by
Monetary Authority of Singapore
UNKNOWN
UNKNOWN
[G.N. No. S 836/2005]

LEGISLATIVE HISTORY

Trust Companies Regulations
(CHAPTER 336, Rg 4)
This Legislative History is provided for the convenience of users of the Trust Companies Regulations. It is not part of these Regulations.
1.  
G. N. No. S 836/2005—Trust Companies Regulations 2005
Date of commencement
:
1 February 2006
2.  
Date of operation
:
30 November 2006