No. S 668
PART I
PRELIMINARY
Citation and commencement
1.These Regulations may be cited as the Securities and Futures (Reporting of Derivatives Contracts) Regulations 2013 and shall come into operation on 31st October 2013.
Definitions
(a) | the person is a party to the derivatives contract; |
(b) | the person’s place of business is in Singapore; and |
(c) | the balance sheet or the profit and loss accounts relates to the person’s business in Singapore; [S 153/2018 wef 01/04/2018] |
“business day” means any day other than a Saturday, Sunday or public holiday;
(a) | the value or amount of one or more commodities; |
(b) | fluctuations in the values or amounts of one or more commodities, |
but does not include any of the following:
(i) | a debenture; | ||||||
(ii) | an exchange‑traded derivatives contract; | ||||||
(iii) | a unit in a collective investment scheme; | ||||||
(iv) | a derivatives contract with all of the following characteristics:
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(a) | the value of a credit instrument or a credit‑linked instrument; |
(b) | fluctuations in the value of a credit instrument or a credit‑linked instrument, |
but does not include a debenture, an exchange‑traded derivatives contract or a unit in a collective investment scheme;
[S 153/2018 wef 01/04/2018]
(a) | the value of any of the following:
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(b) | fluctuations in the value of any item mentioned in paragraph(a)(i) to (v), |
but does not include a debenture, an exchange‑traded derivatives contract or a unit in a collective investment scheme;
[S 153/2018 wef 01/04/2018]
(a) | that is executed on an organised market and is or will be cleared or settled by a clearing facility under an arrangement, process, mechanism or service by which the parties to the derivatives contract substitute or will substitute, through novation or otherwise, the credit of the clearing facility for the credit of the parties to the derivatives contract; and | ||||
(b) | the contractual terms (other than price) of which—
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but does not include any contract under which every contractual term can be negotiated;
[S 153/2018 wef 01/04/2018]
(a) | a forward contract for the sale or purchase of a currency (referred to in this definition as target currency) using another currency (referred to in this definition as the consideration currency) which is intended to be settled by the actual delivery of the target currency and consideration currency—
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(b) | a forward contract for the sale or purchase of a currency—
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(a) | the value of one or more currencies or currency indices; |
(b) | fluctuations in the value of one or more currencies or currency indices, |
but does not include a debenture, an excluded currency contract, an exchange‑traded derivatives contract or a unit in a collective investment scheme;
[S 153/2018 wef 01/04/2018]
(a) | the value of an interest‑bearing financial instrument or an interest rate contract (such as an option on an interest rate futures contract), or interest rates; |
(b) | fluctuations in the value of an interest‑bearing financial instrument or an interest rate contract (such as an option on an interest rate futures contract), or interest rates, |
but does not include a debenture, an exchange‑traded derivatives contract or a unit in a collective investment scheme;
[S 153/2018 wef 01/04/2018]
(a) | moneys and assets which are—
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(b) | moneys and assets which are—
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(c) | moneys and assets that are under an arrangement under which—
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“maturity”, in relation to a derivatives contract, means the period remaining until the termination of the derivatives contract;
“place of business”, in relation to a party to a specified derivatives contract, means a head or main office, a branch, a representative office or any other office of the party;
[S 153/2018 wef 01/04/2018]
[S 727/2014 wef 01/11/2014]
“reporting threshold amount” means $8 billion;
“resident in Singapore” has the same meaning as in section2 of the Income Tax Act(Cap.134);
[S 153/2018 wef 01/04/2018]
“significant derivatives holder” means a person who is a significant derivatives holder by virtue of regulation6;
(a) | whose place of employment is located in Singapore and who conducts, on behalf of a specified person, activities relating to the execution of derivatives contracts in Singapore; or | ||||
(b) | who—
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(2)Any word or expression used in these Regulations which is defined in section124 of the Act shall, unless the context otherwise requires, have the same meaning as in that section.
Forms
(2)Any document required to be lodged with the Authority under any provision of PartVIA of the Act or these Regulations shall be lodged in the relevant form specified in the website referred to in paragraph(1), and in such manner as the Authority may specify from time to time.
(3)All forms used for the purposes of PartVIA of the Act and these Regulations shall be completed in the English language and in accordance with such directions as may be specified in the form or by the Authority.
(4)The Authority may refuse to accept any form if it 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.
Keeping of books and other information
(a) | in the case of any relevant book, until at least 5years after the last date of the expiry or termination of a contract, an agreement or a transaction to which the book relates; or |
(b) | in the case of any transaction information or other information, until at least 5years after the date of the expiry or termination of the contract, agreement or transaction to which the information relates. |
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Securities and Futures (Reporting of Derivatives Contracts) Regulations 2013
The Securities and Futures (Reporting of Derivatives Contracts) Regulations 2013, which came into operation on October 31, 2013, defines various terms and concepts related to derivatives contracts. These regulations provide definitions for key terms such as "booked in Singapore," "business day," "commodity derivatives contract," "credit derivatives contract," "equity derivatives contract," "exchange-traded derivatives contract," "excluded currency contract," "foreign exchange derivatives contract," "interest rate derivatives contract," "managed assets," "maturity," "place of business," "quarter," "reporting commencement date," "reporting threshold amount," "resident in Singapore," "settlement option," "significant derivatives holder," and "traded in Singapore."
The regulations also specify the forms to be used for the purposes of Part VIA of the Act and these Regulations, the keeping of books and other information, and the lodging of documents with the Authority.
These regulations are crucial for the proper functioning and reporting requirements related to derivatives contracts in Singapore's securities and futures market.
For more detailed information, you can refer to the Securities and Futures (Reporting of Derivatives Contracts) Regulations 2013 directly or seek legal counsel for specific inquiries.