12.1.1
A Trading Member, Director or Trading Representative must:—
Refer to Directive No. 4.
Amended on 18 September 201218 September 2012, 19 May 201419 May 2014 and 29 December 201429 December 2014.
12.1.2
A Trading Member must ensure the integrity, security and confidentiality in the transmission and storage of all records.
12.1.3
A Trading Member must make records available to SGX-ST at such time as SGX-ST requires.
Added on 18 September 201218 September 2012.
12.2.1
A Trading Member and its Trading Representative must maintain confidentiality of a customer's information, unless:—
12.2.2
A Trading Member must ensure that a person to whom it discloses a customer's information under Rules 12.2.1(2) and (3) maintains confidentiality of such information.
12.3.1 Individual Customer Account
Before opening an individual customer account on its books, a Trading Member must:—
Refer to Practice Note 12.3.1, Practice Note 12.3.1, 12.3.2 and Practice Note 12.3.1, 12.3.4.
Amended on 1 July 20161 July 2016.
12.3.2 Corporate Customer Account
Before opening a corporate customer account on its books, a Trading Member must:—
Refer to Practice Note 12.3.1, 12.3.2.
Amended on 3 April 20083 April 2008, 1 July 20161 July 2016 and 8 October 20188 October 2018.
12.3.3 Agency Customer Account
For an agency customer account carried on the books of a Trading Member, the Trading Member must have on file:—
Amended on 1 July 20161 July 2016.
12.3.4 Joint Customer Account
Refer to Practice Note 12.3.1, 12.3.4.
Amended on 14 May 200914 May 2009 and 1 July 20161 July 2016.
12.3.5 Approval of Customer Accounts
Amended on 1 July 20161 July 2016.
12.3.6 Risk Acknowledgement Statement
A Trading Member must ensure that the customer is aware of and must obtain a written acknowledgement from the customer that the customer is aware of and understands the risks associated with holding and trading securities and futures contracts in accordance with:
Amended on 3 April 20083 April 2008, 18 September 201218 September 2012, 19 May 201419 May 2014, 29 December 201429 December 2014 and 8 October 20188 October 2018.
12.3.7 Separate Trading Accounts and Account Designation
Amended on 18 September 201218 September 2012, 26 April 201326 April 2013 and 1 July 20161 July 2016.
12.3.8
In this Rule 12.3, a customer account on the books of a Trading Member includes an account of a Trading Representative.
Amended on 1 July 20161 July 2016.
12.3A.1
Save for Accredited Investors and Institutional Investors, a Trading Member must provide its Internet Trading customers with adequate information, guidance and training on:—
With respect to Accredited Investors and Institutional Investors, a Trading Member's obligation relates solely to the provision of adequate information in relation to prohibited trading practices.
Added on 18 September 201218 September 2012.
12.4.1
Before accepting any orders from a third party, a Trading Member must obtain written authorisation from the customer empowering the third party to trade for the customer's account carried on the books of the Trading Member.
Amended on 1 July 20161 July 2016.
12.5.1
Unless SGX-ST decides otherwise, the commission rate chargeable for the purchase or sale of securities or futures contracts is negotiable.
Amended on 3 April 20083 April 2008 and 8 October 20188 October 2018.
12.5.2
All charges and expenses, including any fees imposed by CDP and/or SGX-ST, stamp duty and Goods and Services Tax, to be borne by the customer (whether included as part of the brokerage or otherwise) must be accurately disclosed to the customer and agreed between the customer and the Trading Member.
Amended on 1 July 20161 July 2016.
12.6.1
A Trading Member must send its customer a contract note for the purchase or sale of securities or futures contracts.
Refer to Practice Note 12.6.1.
Amended on 3 April 20083 April 2008, 19 May 201419 May 2014, 1 July 20161 July 2016 and 8 October 20188 October 2018.
12.6.2
The contract note must state that the contract is subject to the Rules and Directives of SGX-ST if the trade is:—
Amended on 3 April 20083 April 2008.
12.6.3
In the case of a Trading Member that holds a Capital Markets Services Licence<:
Amended on 23 January 200923 January 2009, 19 May 201419 May 2014, 29 December 201429 December 2014 and 1 July 20161 July 2016.
12.6.4
In the case of a Trading Member that holds a licence specified in Rule 4.1.1(1)(b), a contract note must comply with such requirements as may be prescribed by the Relevant Regulatory Authority, including requirements relating to a customer's contract note in electronic form. The Trading Member shall immediately notify SGX-ST on any changes to such requirements. Notwithstanding the foregoing, SGX-ST shall have the discretion to prescribe additional requirements.
Amended on 19 May 201419 May 2014.
12.6.5
If asked by SGX-ST, a Trading Member must produce the contract notes in substantially the same form and containing the same trading information as were given to customers.
Amended on 19 May 201419 May 2014.
12.7.1
A Trading Member must send its customer statements of account on a regular basis in accordance with:
Amended on 19 May 201419 May 2014, 1 July 20161 July 2016 and 8 October 20188 October 2018.
12.7.5
If asked by SGX-ST, a Trading Member must produce the statement of accounts in substantially the same form and containing the same information as were given to customers.
12.8.2
At least 1 senior management staff independent of sales or dealing of a Trading Member, or a senior management staff of a related corporation of that Trading Member charged with the contract amendment function, must approve the amendment of contract.
12.9.1
A Trading Member must communicate directly with its customers in respect of statements, contract notes, or all other information, whether in writing or electronically, unless the customer has authorised otherwise in writing.
12.9.2
A Trading Member must not allow any person other than the customer to collect any cash, share certificates, contract notes, credit or debit notes, cheques or statements, unless the customer has authorised that person in writing.
12.10.1
All cheques to customers must be crossed, unless:—
12.10.2
A Trading Member must not accept a house cheque (a crossed cheque issued by the Trading Member in favour of a customer) from a customer unless:—
12.10A.1
Subject to Rule 12.10A.2, a Trading Member must discharge its fiduciary obligations to its Customers by:
Added on 19 May 201419 May 2014.
12.10A.2
A Trading Member shall:
Added on 19 May 201419 May 2014 and amended on 29 December 201429 December 2014.
12.11.1
A Trading Member must comply with Part III, Divisions 2 and 4 of the Securities and Futures (Licensing and Conduct of Business) Regulations on customer's money. For the purpose of this Rule, "customer" includes a Remisier, unless otherwise specified.
Amended on 23 January 200923 January 2009.
12.11.2
Regulation 16(1)(b) of the Securities and Futures (Licensing and Conduct of Business) Regulations does not apply to a Remisier. A Trading Member must deposit all money received on account of a Remisier in a trust account.
Amended on 23 January 200923 January 2009.
12.11.3
A Trading Member must designate the accounts maintained with a financial institution specified in Regulation 17 of the Securities and Futures (Licensing and Conduct of Business) Regulations for a customer or a Remisier as a trust account, or customer or Remisier account, as the case may be.
Amended on 23 January 200923 January 2009.
12.11.4
A Trading Member must deposit money received on account of customers in a separate trust account from Remisiers.
Amended on 23 January 200923 January 2009.
12.11.5
A Trading Member must not commingle money received on account of its customers or its Remisiers with its own funds. However, a Trading Member may deposit its own funds into a trust account under the circumstances specified in Regulation 23(1) of the Securities and Futures (Licensing and Conduct of Business) Regulations.
Amended on 23 January 200923 January 2009.
12.11.6
A Trading Member must not withdraw a Remisier's money from a trust account except to:—
12.11.7
A Trading Member must notify the Remisier of the withdrawal made under Rule 12.11.6 by the next business day.
12.11.8
This Rule shall not apply to a Trading Member that holds a licence specified in Rule 4.1.1(1)(b).
Added on 19 May 201419 May 2014.
12.12.1
A Trading Member must comply with Part III, Divisions 3 and 4 of the Securities and Futures (Licensing and Conduct of Business) Regulations on customer's assets. For the purpose of this Rule, "customer" includes a Remisier, unless otherwise specified.
Amended on 23 January 200923 January 2009.
12.12.2
Regulations 30, 33 and 34 of the Securities and Futures (Licensing and Conduct of Business) Regulations do not apply to a Remisier.
Amended on 23 January 200923 January 2009.
12.12.3
A Trading Member must designate the accounts maintained with a financial institution specified in Regulation 27 of the Securities and Futures (Licensing and Conduct of Business) Regulations for a customer or a Remisier as a trust account, or customer or Remisier account, as the case may be.
Amended on 23 January 200923 January 2009.
12.12.4
A Trading Member must deposit assets of its customers in a separate custody account from Remisiers.
Amended on 23 January 200923 January 2009.
12.12.5
A Trading Member must not commingle the assets of a customer or Remisier with its own assets.
12.12.6
A Trading Member must not withdraw a Remisier's assets from a custody account except to:—
12.12.7
A Trading Member must notify the Remisier of the withdrawal under Rule 12.12.6 by the next business day.
12.12.8
For the purpose of this Rule, "Remisier's assets" means any securities and assets (other than money) that are beneficially owned by a Remisier.
12.12.9
This Rule shall not apply to a Trading Member that holds a licence specified in Rule 4.1.1(1)(b).
Added on 19 May 201419 May 2014.
12.13.1
A Trading Member that holds a Capital Markets Services Licence must inform SGX-ST (or any third party to whom SGX-ST has outsourced its operational functions) of the particulars of any customer account carried on the books of the Trading Member that it considers to be a delinquent account. SGX-ST (or the third party) may disseminate such information to all other Trading Members that holds a Capital Markets Services Licence.
Amended on 19 May 201419 May 2014, 29 December 201429 December 2014 and 1 July 20161 July 2016.
12.14.1
A Trading Member must have processes in place to minimise and manage any conflicts of interest, including but not limited to separating its front office and back office functions to prevent any conflict of interests.
Amended on 18 September 201218 September 2012.
12.15.1
All purchases and sales of securities or futures contracts by a Trading Member for its proprietary account must be made under a separate Stock Account of the Trading Member.
Amended on 3 April 20083 April 2008 and 8 October 20188 October 2018.
12.15.2
A Stock Account must be operated by a Director, or his designate, who is licensed to trade.
Amended on 3 April 20083 April 2008.
12.15.3
A Trading Member must not allow a Remisier to operate a Stock Account.
Amended on 3 April 20083 April 2008.
12.16.1 [Rule has been deleted.]
Amended on 3 April 20083 April 2008 and 23 January 200923 January 2009 and deleted on 1 July 20161 July 2016
12.17.1
A Trading Member must require a Director, Officer, Dealer and employee to obtain the prior written approval of a senior management staff independent of sales or dealing of a Trading Member, or a senior management staff of a related corporation of that Trading Member charged with the approval function, for each trade in his or her personal account or an account over which he or she has control or influence (other than a customer's Discretionary Account) (such account(s) being an account carried on the books of the Trading Member).
Refer to Practice Note 12.17.1.
Amended on 3 April 20083 April 2008 and 1 July 20161 July 2016.
12.17.2
A Trading Representative of the Trading Member must not execute an order for an account referred to in Rule 12.17.1, unless the order is authorised in writing as required under Rule 12.17.1.
12.17.3
A Trading Member must require a Director, Officer, Trading Representative or employee of the Trading Member to trade through it. However, if this is impractical, the Trading Member meets this Rule if it has procedures to monitor such trades and it documents the circumstances that give rise to the impracticality.
12.17.4
A Trading Member must not knowingly buy or sell securities or futures contracts for a Director, Officer, Trading Representative or employee of another Trading Member, except with the prior written approval of the other Trading Member.
Amended on 3 April 20083 April 2008 and 8 October 20188 October 2018.
12.17.5
A Trading Member must have in place procedures to ensure that agents who are privy to confidential information relating to dealing in securities or trading in futures contracts, do not use such information to trade for their own benefit.
Amended on 3 April 20083 April 2008 and 8 October 20188 October 2018.
12.17.6
A Trading Member must have in place procedures to monitor the trading activities of its Directors, Officers, Trading Representatives and employees.
Refer to Practice Note 12.17.1.
12.18.1
A Trading Member must carry out checks from time to time to ensure compliance with:
Amended on 19 May 201419 May 2014.
12.18.2
The checks must be carried out by an internal audit or compliance department/person whose reporting line is independent of dealing, sales and operations.
Added on 19 May 201419 May 2014.
12.18A.1
A Trading Member linked to a broker-linked balance must have a written agreement with the holder of the broker-linked balance setting out (a) the circumstances under which the Trading Member may cause securities to be delivered or transferred into the broker-linked balance; and (b) the conditions to which the Trading Member's rights over the securities in the broker-linked balance are subject. The Trading Member must provide the written agreement to SGX-ST for inspection if requested.
Added on 10 December 201810 December 2018.
12.18A.2
The Trading Member shall act in accordance with the written agreement, the Rules and the Act, save that nothing in the Rules shall prevent a Trading Member from releasing securities from the broker-linked balance linked to it into the customer's main balance.
Added on 10 December 201810 December 2018.
12.18A.3
Subject to Rule 12.18A.4, a Trading Member must approve the release of securities from the broker-linked balance linked to it by the end of the Market Day following the day on which it receives the customer's request for such release. SGX-ST may, at its discretion, waive or vary this timeline. In accordance with Rule 12.1.1, a Trading Member must maintain proper, complete and accurate records of each customer's requests and its response to such requests.
Added on 10 December 201810 December 2018.
12.18A.4
A Trading Member may withhold approval for the release of any securities from a broker-linked balance linked to it only to the extent necessary to secure an obligation owed to it by the holder of the broker-linked balance.
Added on 10 December 201810 December 2018.
12.18A.5
A Trading Member that does not approve a customer's request for release of any securities must:
Added on 10 December 201810 December 2018.
12.18A.6
SGX-ST may, in respect of any Securities Account that is maintained directly with it:
Added on 10 December 201810 December 2018.
12.18A.7
A resigning Trading Member must, in respect of each customer that has a broker-linked balance linked to it, release all securities in the broker-linked balance into the customer's main balance by the effective date of resignation.
Added on 10 December 201810 December 2018.
12.19.1
A Trading Member must ensure that any advertising or publicity:—
12.19.2
A Trading Member that holds a licence specified in Rule 4.1.1(1)(b) shall not direct any advertising or publicity to deal in securities or futures contracts on SGX-ST to customers domiciled in Singapore or to the extent that it may be acted upon by customers in Singapore.
Added on 19 May 201419 May 2014 and amended on 8 October 20188 October 2018.
12.20.1
A Trading Member and its Trading Representatives may receive goods and services from a broker for directing business to the broker if:—
Refer to Practice Note 12.20.1.
12.20.2
A Trading Member may pay for goods and services to customers for directing business to the Trading Member if:—
Refer to Practice Note 12.20.1.
12.21.1
A Trading Member must not allow any unauthorised person to use, or operate out of, its office premises.
12.23.1
The following Rules shall not apply to a Trading Member that holds a licence specified in Rule 4.1.1(1)(b).
Rule | Heading |
12.3.1, 12.3.2, 12.3.3, 12.3.4, 12.3.5 | Customer Accounts |
12.3A | Customer Education |
12.4 | Trading Authority |
12.8.2, 12.8.3 | Amendment of Contract |
12.9 | Communications with Third Parties |
12.10 | Payment to Customers |
12.15 | Stock Account |
[Deleted] | [Deleted] |
12.17 | Trading by Employees and Agents |
Added on 19 May 201419 May 2014 and amended on 1 July 20161 July 2016.
12.23.2
A Trading Member that holds a licence specified in Rule 4.1.1(1)(b) shall comply with such requirements established by the Relevant Regulatory Authority, if any, and principles of good business practice in relation to the areas set out in Rule 12.23.1.
Added on 19 May 201419 May 2014.