2016-08-08

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Securities and Futures (Prescribed Futures Contracts) Regulations 2005

The Monetary Authority of Singapore declares that futures contracts traded on markets operated by specified entities, including the Chicago Mercantile Exchange and Singapore Exchange Derivatives Trading Ltd, constitute prescribed futures contracts under the Securities and Futures Act. The regulations also classify structured warrants on an index as futures contracts for regulatory purposes. These provisions apply to contracts involving the delivery or cash settlement of specified commodities and became effective on 1 July 2005.

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S 368 SECURITIES AND FUTURES ACT (CHAPTER 289) SECURITIES AND FUTURES (PRESCRIBED FUTURES CONTRACTS) REGULATIONS 2005 1 Citation and commencement 2 Definitions 3 Prescribed futures contracts for purposes of Part I of First Schedule to Act 4 Prescribed futures contracts for purposes of Act other than Part I of First Schedule to Act THE SCHEDULE SPECIFIED ENTITIES In exercise of the powers conferred by sections 2 (1) (paragraphs (a) (ii) and (b) (ii) of the definition of “futures contract”) and 341 of the Securities and Futures Act, the Monetary Authority of Singapore hereby makes the following Regulations: Citation and commencement

  1. These Regulations may be cited as the Securities and Futures (Prescribed Futures Contracts) Regulations 2005 and shall come into operation on 1st July 2005. Definitions
  2. In these Regulations — “commodity” means any commodity other than one falling within the definition of “commodity” in section 2(1) of the Act; "index" means an index of futures contracts in respect of foreign exchange, interest rate, gold or any produce, item, goods or article; "structured warrant on an index" means an instrument listed for quotation on the Singapore Exchange Securities Trading Ltd and issued by a financial institution on an index which gives the holder of the instrument the right — (a) to purchase from, or sell to, the financial institution that index in accordance with the terms of issue of the instrument; or (b) to receive from the financial institution a cash payment calculated by reference to the fluctuations in value or price of that index in accordance with the terms of issue of the instrument. S 139/2008 wef 24/03/2008 Prescribed futures contracts for purposes of Part I of First Schedule to Act 3.—(1) The Authority hereby declares that any futures contract, as described in paragraph (2), which is traded on a market operated by any of the entities specified in the Schedule shall be a futures contract for the purposes of Part I of the First Schedule to the Act.

(1A) The Authority hereby declares that any structured warrant on an index shall be a futures contract for the purposes of Part I of the First Schedule to the Act. S 139/2008 wef 24/03/2008 (2) In paragraph (1), “futures contract” means a contract the effect of which is that — (a) one party agrees to deliver a specified commodity, or a specified quantity of a specified commodity, to another party at a specified future time and at a specified price payable at that time; or (b) the parties will discharge their obligations under the contract by settling the difference between the value of a specified quantity of a specified commodity agreed at the time of the making of the contract and at a specified future time, and includes a futures option transaction. Prescribed futures contracts for purposes of Act other than Part I of First Schedule to Act 4.—(1) The Authority hereby declares that any futures contract, as described in paragraph (2), which is traded on a market operated by any of the entities specified in the Schedule shall be a futures contract for the purposes of the Act other than Part I of the First Schedule to the Act. (1A) The Authority hereby declares that any structured warrant on an index shall be a futures contract for the purposes of the Act other than Part I of the First Schedule to the Act. S 139/2008 wef 24/03/2008 (2) In paragraph (1), “futures contract” means a contract the effect of which is that — (a) one party agrees to deliver a specified commodity, or a specified quantity of a specified commodity, to another party at a specified future time and at a specified price payable at that time pursuant to the terms and conditions set out in the business rules of a futures market or pursuant to the business practices of a futures market; or (b) the parties will discharge their obligations under the contract by settling the difference between the value of a specified quantity of a specified commodity agreed at the time of the making of the contract and at a specified future time, such difference being determined in accordance with the business rules or practices of the futures market at which the contract is made, and includes a futures option transaction. THE SCHEDULE Regulations 3 (1) and 4 (1) SPECIFIED ENTITIES

  1. Chicago Mercantile Exchange Inc
  2. Euronext Paris SA
  3. LIFFE Administration and Management
  4. New York Mercantile Exchange Inc
  5. Singapore Exchange Derivatives Trading Ltd 6.ICE Futures Europe (formerly known as “ICE Futures”)

7.Eurex Deutschland 8. Board of Trade of the City of Chicago, Inc. 9. Australian Securities Exchange Limited (formerly known as “Sydney Futures Exchange Limited”) 9A.Dubai Gold and Commodities Exchange DMCC. 10. Singapore Commodity Exchange Ltd. 11. The London Metal Exchange (formerly known as “The London Metal Exchange Limited”) S 640/2012 wef 14/12/2012 12. Dubai Mercantile Exchange Limited 13. ICE Futures U.S., Inc. 14. Tokyo Financial Exchange, Inc. 15. Singapore Mercantile Exchange Pte Ltd 16. Cleartrade Exchange Pte. Limited S 118/2011 wef 07/03/2011 S 453/2011 wef 05/08/2011 Made this 8th day of June 2005. HENG SWEE KEAT Managing Director, Monetary Authority of Singapore.

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