SECURITIES AND FUTURES ACT
(CAP. 289)
NOTICE ON MINIMUM ENTRY AND EXAMINATION
REQUIREMENTS FOR REPRESENTATIVES OF HOLDERS OF
CAPITAL MARKETS SERVICES LICENCE AND EXEMPT
FINANCIAL INSTITUTIONS
Monetary Authority of Singapore
2
Notice No : SFA 04-N09
Issue Date : 11 August 2010 [Last revised on 4 June 2012]
NOTICE ON MINIMUM ENTRY AND EXAMINATION
REQUIREMENTS FOR REPRESENTATIVES OF HOLDERS OF
CAPITAL MARKETS SERVICES LICENCE AND EXEMPT
FINANCIAL INSTITUTIONS
1 This Notice is issued pursuant to section 101 of the Securities and
Futures Act (Cap. 289) (the ―Act‖) to the holders of a capital markets services
(―CMS‖) licence, exempt financial institutions (―exempt FIs‖) and appointed
representatives. The earlier Notice (SFA 04-N06) issued on 1 August 2008 on
the same subject is cancelled.
[SFA 04-N09 (Amendment) 2010]
[SFA 04-N09 (Amendment) 2011]
2 This Notice sets out the following:
(a) minimum entry requirements for appointed representatives under
the Act;
[SFA 04-N09 (Amendment) 2010]
(b) application of the Capital Markets and Financial Advisory
Services Examination (the ―CMFAS Exam‖) requirements to
individuals intending to conduct regulated activities as appointed
representatives under the Act;
[SFA 04-N09 (Amendment) 2010]
(c) circumstances under which the CMFAS Exam requirements do not
apply;
(d) obligations of CMS licence holders and exempt FIs; and
(e) continuing education requirements for appointed representatives.
[SFA 04-N09 (Amendment) 2010]
Notice on Minimum Entry and Examination Requirements for
Representatives of Holders of Capital Markets Services Licence and Exempt
Financial Institutions
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DEFINITIONS
3 For the purposes of this Notice:
―accredited investor‖ has the same meaning as in section 4A of the Act;
[SFA 04-N09 (Amendment) 2011]
―appointed representative‖ has the same meaning as section 2(1) of the Act;
[SFA 04-N09 (Amendment) 2010]
―associated person‖, for the purposes of paragraph 25(b), has the same meaning
as in the Rules and Regulations of the Singapore Commodity Exchange Ltd;
―CMFAS Exam requirement‖ means the requirement to pass the relevant
modules of the CMFAS Exam;
―CTA‖ means the Commodity Trading Act (Cap. 48A, 1993 Ed.) in force
immediately before 27 February 2008;
―Excluded Investment Products‖ has the same meaning as in paragraph 4 of the
SFA Notice on the Sale of Investment Products (SFA 04-N12);
[SFA 04-N09 (Amendment) 2011]
―exempt FI refers to a financial institution exempted from holding a CMS
licence under section 99(1)(a), (b), (c) and (d) of the Act;
―principal‖ has the same meaning as under section 2(1) of the Act;
[SFA 04-N09 (Amendment) 2010]
―qualifying corporation‖ has the same meaning as under regulation 2 of the
Securities and Futures (Provision for Persons and Matters Previously Regulated
under Commodity Trading Act) Regulations 2007;
―REIT management‖ means real estate investment trust management;
―specific representative‖ means an individual who is subject to CMFAS Exam
requirements, namely:
Notice on Minimum Entry and Examination Requirements for
Representatives of Holders of Capital Markets Services Licence and Exempt
Financial Institutions
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(a) a person proposed to be an appointed representative to carry out
any of the regulated activities listed in sub-paragraphs (a), (b), (c),
(d), (e) and (f) of paragraph 9 of this Notice on behalf of the holder
of a CMS licence; and
(b) a person proposed to be an appointed representative, whether
employed by or acting for an exempt FI in respect of regulated
activity listed in sub-paragraphs (a), (b), (c), (d), (e) and (f) of
paragraph 9 of this Notice, where applicable;
[SFA 04-N09 (Amendment) 2010]
―Specified Investment Products‖ has the same meaning as in paragraph 4 of the
SFA Notice on the Sale of Investment Products (SFA 04-N12).
[SFA 04-N09 (Amendment) 2011]
MINIMUM ENTRY REQUIREMENTS
4 Deleted.
[SFA 04-N09 (Amendment) 2010]
5 Any person who acts as or holds himself out to be an appointed
representative must:
(a) be at least 21 years old;
(b) satisfy the minimum academic qualification requirements set out
under paragraph 7 of this Notice; and
(c) comply with the examination requirements of this Notice.
[SFA 04-N09 (Amendment) 2010]
6 In addition, the principal shall certify and ensure that its representatives
meet the minimum entry requirements stipulated in paragraph 5 of this Notice.
[SFA 04-N09 (Amendment) 2010]
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Representatives of Holders of Capital Markets Services Licence and Exempt
Financial Institutions
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[SFA 04-N09 (Amendment) 2011]
7 For the purposes of paragraph 5(b) of this Notice, the minimum academic
qualifications are:
(aa) in the case of a representative in respect of providing credit rating
services on or after 17 January 2012, a Bachelor’s degree in a
discipline that is relevant to him acting as a representative of his
principal in respect of providing credit rating services, as
determined by his principal;
[SFA 04-N09 (Amendment) 2012]
(a) in the case of a representative who sat for GCE O‖ Level
Examinations before or in the year 1980 -
(i) qualifications higher than or equal to at least 4 GCE ―O‖
Level credit passes; or
(ii) qualifications higher than or equal to at least 2 GCE ―O‖
Level credit passes and at least 3 years of relevant and
continuous working experience over the past 5 years in
respect of the regulated activity as defined in section 2(1) of
the Act;
(b) in any other case, qualifications higher than or equal to at least 4
GCE ―O‖ Level credit passes.
[SFA 04-N09 (Amendment) 2010]
7A The requirement in sub-paragraph (aa) of paragraph 7 shall not apply to
any individual who had been carrying out any activity immediately before 17
January 2012 which would have amounted to acting as a representative in
respect of providing credit rating services and who continued to act as a
representative in respect of providing credit rating services from that date.
[SFA 04-N09 (Amendment) 2012]
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Representatives of Holders of Capital Markets Services Licence and Exempt
Financial Institutions
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APPLICATION OF THE CMFAS EXAM REQUIREMENTS
8 The CMFAS Exam, which commenced on 1 December 2002, comprises
16 modules as follows:
Module
Examination
Rules & Regulations
1A
Rules and Regulations for Dealing in Securities (for members of the
Singapore Exchange Securities Trading Limited (―SGX-ST‖)
1B
Rules and Regulations for Dealing in Securities (Non SGX-ST members)
2A
Rules and Regulations for Trading in Futures Contracts (for members of the
Singapore Exchange Derivatives Trading Limited (―SGX-DT‖)
2B
Rules and Regulations for Trading in Futures Contracts (for members of the
Singapore Mercantile Exchange (―SMX‖)
3
Rules and Regulations for Fund Management
4A
Rules and Regulations for Advising on Corporate Finance
4B
Rules and Regulations for Advising on Corporate Finance (Solely Debt
Securities)
5
Rules and Regulations for Financial Advisory Services
10
Rules and Regulations for REIT Management, with Product Knowledge and
Analysis
Product Knowledge & Analysis
6
Securities Products and Analysis
6A
Securities and Futures Product Knowledge
7
Futures Products and Analysis [to be discontinued with effect from
1 January 2012]
8
Collective Investment Schemes
8A
Collective Investment Schemes II
9
Life Insurance and Investment-Linked Policies
9A
Life Insurance and Investment-Linked Policies II
[SFA 04-N09 (Amendment) 2011]
Notice on Minimum Entry and Examination Requirements for
Representatives of Holders of Capital Markets Services Licence and Exempt
Financial Institutions
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9 The CMFAS Exam requirements apply to individuals who wish to
conduct any of the following regulated activities as an appointed representative
under the Act:
(a) dealing in securities;
(b) trading in futures contracts;
(c) advising on corporate finance;
(d) fund management;
(e) REIT management;
(f) leveraged foreign exchange trading.
[SFA 04-N09 (Amendment) 2010]
10 A specific representative is required to pass the relevant modules of the
CMFAS Exam pertaining to the regulated activity that he intends to conduct.
The applicable modules for each regulated activity are set out below:
REGULATED
ACTIVITY
Rules & Regulations
Product
Knowledge &
Analysis
1A
1B
2A
2B
3
4A
4B
10
6
7
1
6A
Dealing in Securities
- SGX-ST members
Dealing in Securities
- Non SGX-ST members
(Either
Module)
Trading in Futures
Contracts
- SGX-DT members
Trading in Futures
Contracts
- SMX members
1
To be discontinued with effect from 1 January 2012.
Notice on Minimum Entry and Examination Requirements for
Representatives of Holders of Capital Markets Services Licence and Exempt
Financial Institutions
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Trading in Futures
Contracts
- Non SGX-DT and Non
SMX members
(Either
Module)
Fund Management
- Solely Securities Funds
Fund Management
- Solely Futures Funds
Fund Management
- Both Securities and
Futures Funds
REIT Management
Advising on Corporate
Finance
Advising on Corporate
Finance
- Solely Debt Securities
Leveraged Foreign
Exchange Trading (prior to
1 January 2012)
(Any of these
Modules)
(Either
Module)
Leveraged Foreign
Exchange Trading (with
effect from 1 January
2012)
(Any of these
Modules)
[SFA 04-N09 (Amendment) 2011]
10A Module 7 will be discontinued and replaced with Module 6A with effect
from 1 January 2012. With effect from 1 January 2012, every specific
representative who has been required to pass or otherwise exempted from
Module 7 immediately before that date, is required to pass Module 6A in
accordance with paragraph 39 of this Notice.
[SFA 04-N09 (Amendment) 2011]
11 A specific representative who conducts corporate finance activities is
required to pass Module 4A or 4B depending on the scope of his corporate
finance activities. Such representative is not required to pass Modules 1A, 1B,
or 6 to conduct dealing in securities in connection with his corporate finance
activities.
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Financial Institutions
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[SFA 04-N09 (Amendment) 2011]
12 In the case where a specific representative deals in securities for a
principal in the principal’s capacity as a member of the SGX-ST, such
representative is required to pass Modules 1A and 6. In the case where a
specific representative deals in securities for a principal who is not a member of
the SGX-ST (―non SGX-ST Member‖), such representative is required to pass
either Modules 1A or 1B, and Module 6.
12A With effect from 1 January 2012, in addition to paragraph 12, in the case
where a specific representative deals in securities that are Specified Investment
Products, such representative is also required to pass Module 6A.
[SFA 04-N09 (Amendment) 2011]
12B A specific representative who conducts fund management in respect of
futures funds is required to pass Modules 3 and 7. With effect from 1 January
2012, such representative is required to pass Module 6A in lieu of Module 7.
[SFA 04-N09 (Amendment) 2011]
13 In the case where a specific representative trades in futures contracts for
a principal in the principal’s capacity as a member of the SGX-DT, such
representative is required to pass Modules 2A and 7. In the case where a
specific representative trades in futures contract for a principal in the principal’s
capacity as a member of the SMX, such representative is required to pass
Modules 2B and 7. In the case where a specific representative trades in futures
contract for a principal in the principal’s capacity as a member of the SGX-DT
and a member of the SMX, such representative is required to pass Modules 2A,
2B and 7. With effect from 1 January 2012, the specific representative is
required to pass Module 6A in lieu of Module 7.
[SFA 04-N09 (Amendment) 2011]
14 In the case where a specific representative trades in futures contracts for
a principal who is neither a member of the SGX-DT nor a member of the SMX,
such representative is required to pass either Modules 2A or 2B, and Module 7.
With effect from 1 January 2012, such representative is required to pass
Module 6A in lieu of Module 7.
[SFA 04-N09 (Amendment) 2011]
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Financial Institutions
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15 A specific representative who deals in securities and trades in single
stock futures contracts is required to pass Modules 1A and 6. With effect from
1 January 2012, such representative is also required to pass Module 6A.
[SFA 04-N09 (Amendment) 2011]
16 A specific representative who conducts only leveraged foreign exchange
trading is required to pass Module 1A, 1B, 2A or 2B and Module 6 or 7. A
specific representative who conducts leveraged foreign exchange trading in
addition to dealing in securities or trading in futures contracts is required to
pass the applicable rules and regulation modules relevant to dealing in
securities or trading in futures contracts. With effect from
1 January 2012, such representative is required to pass Module 1A, 1B, 2A or
2B and Module 6A.
[SFA 04-N09 (Amendment) 2011]
17 Deleted.
[SFA 04-N09 (Amendment) 2010]
CIRCUMSTANCES UNDER WHICH THE CMFAS EXAM
REQUIREMENTS DO NOT APPLY
18 A specific representative who possesses specified qualifications and
experience or who confines his regulated activities to a limited segment of the
market is not required to pass certain modules of the CMFAS Exam. Details of
the circumstances under which the CMFAS Exam requirements do not apply
are set out in the following paragraphs.
SPECIFIED QUALIFICATIONS OR WORK EXPERIENCE
18A Prior to 19 October 2011, a specific representative who possesses any of
the qualifications or work experience listed in Annexes 1 and 2 respectively is
not required to pass Modules 6 and 7 respectively. With effect from 19 October
2011, a specific representative who possesses any of the qualifications, where
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Representatives of Holders of Capital Markets Services Licence and Exempt
Financial Institutions
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such qualification was obtained by way of passing the required examination(s),
2
or work experience listed in Annexes 1A and 2A respectively, will not be
required to pass Modules 6 and 7 respectively.
[SFA 04-N09 (Amendment) 2010]
[SFA 04-N09 (Amendment) 2011]
18B With effect from 19 October 2011, a specific representative who
possesses any of the qualifications or work experience listed in Annexes 1 and
2 respectively is not required to pass Modules 6 and 7 respectively, if:
(a) he has been conducting relevant regulated activities as a
representative immediately before 19 October 2011 and continues
to conduct such regulated activities on and after 19 October 2011;
(b) his principal has lodged with the Authority documents under
section 99H of the Act, in relation to his appointment as an
appointed representative before 1 January 2012; or
(c) there is no break in service of more than 6 months between his last
working experience as a representative conducting relevant
regulated activities and the date of his principal’s lodgment with
the Authority of documents under section 99H of the Act, in
relation to his appointment as an appointed representative.
[SFA 04-N09 (Amendment) 2011]
18C A specific representative who possesses any of the following
qualifications, is not required to pass Module 6A:
(a) a degree or higher qualification in finance, financial engineering
or computational finance; or
(b) Chartered Financial Analyst (CFA) by the CFA Institute, USA.
[SFA 04-N09 (Amendment) 2011]
19 With effect from 1 July 2005, the Authority will only recognise the
qualifications listed in Annexes 1, 1A, 2 and 2A where such qualification was
2
Except for item 8 of Annex 1A.
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Representatives of Holders of Capital Markets Services Licence and Exempt
Financial Institutions
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obtained by way of passing the required examination(s) for the award of such
qualification.
3
[SFA 04-N09 (Amendment) 2011]
20 Paragraph 19 shall not apply to a specific representative who
(a) has attained the qualification listed in Annex 1 or 2 before
1 July 2005
(i) by passing any examination which is recognised by the
respective tertiary institution, institute, board, association or
other body listed in Annex 1 or 2, to be equivalent to
passing the specific examination(s) for the attainment of the
respective qualifications listed in Annexes 1 and 2; or
(ii) by fulfilling such other criteria specified by the respective
tertiary institution, institute, board, association or other body
listed in Annex 1 or 2, as prerequisites for the attainment of
the respective qualifications listed in Annexes 1 and 2; and
(b) has been conducting regulated activity as a representative
immediately before 1 July 2005 and continues to conduct such
regulated activity after 1 July 2005 whether on behalf of the same
holder of a CMS licence or exempt FI or any other holder of a
CMS licence holder or exempt FI.
[SFA 04-N09 (Amendment) 2010]
21 Paragraph 19 shall apply to an individual who would otherwise satisfy
paragraph 20 if he ceases to be a representative of any holder of a CMS licence
or exempt FI any time after 1 July 2005.
[SFA 04-N09 (Amendment) 2010]
22 Deleted.
[SFA 04-N09 (Amendment) 2010]
3
Except for item 34 of Annex 1 and item 8 of Annex 1A.
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Financial Institutions
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Modules for Dealing in Securities Modules 1A, 1B, 6 and 6A
23 A specific representative who meets the following criteria in respect of
dealing in securities is not required to pass Modules 1A, 1B, 6 and 6A:
(a) a person who meets the conditions and restrictions specified in
paragraph 2 of the Second Schedule to the Securities and Futures
(Licensing and Conduct of Business) Regulations (the ―SFR‖);
(b) a person who confines his dealing in securities to Singapore
Government securities; or
(c) a person who works in a specialised unit serving high net worth
individuals exempted under section 100(2) of the Financial
Advisers Act (Cap. 110) [the ―FAA‖].
[SFA 04-N09 (Amendment) 2011]
23A A specific representative who trades in futures contracts and deals in
securities is not required to pass Modules 1A, 1B and 6 if his dealing in
securities is confined to the securities prescribed in regulation 3(1)(iv) of the
Securities and Futures (Prescribed Securities) Regulations 2012.
[SFA 04-N09 (Amendment) (02) 2012]
23B A specific representative referred to in paragraph 23A who has not
passed Module 1A or 1B, and who only deals in the securities prescribed in
regulation 3(1)(iv) of the Securities and Futures (Prescribed Securities)
Regulations 2012 that are listed for quotation or quoted on the SGX is required
to pass the Qualifying Assessment for Dealing in Options on Equity Indices
administered by the SGX.
[SFA 04-N09 (Amendment) (02) 2012]
Modules for Trading in Futures Contracts Modules 2A, 2B, 6A and 7
24 A specific representative who meets the following criteria in respect of
trading in futures contracts is not required to pass Modules 2A, 2B, 6A and 7:
(a) a person whose trading in futures contracts is confined to the
clearing of futures contracts;
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Representatives of Holders of Capital Markets Services Licence and Exempt
Financial Institutions
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(b) a person who meets the conditions and restrictions specified in
paragraph 3 of the Second Schedule to the SFR; or
(c) a person who works in a specialised unit serving high net worth
individuals exempted under section 100(2) of the FAA.
[SFA 04-N09 (Amendment) 2011]
25 A specific representative who meets the following criteria in respect of
trading in futures contracts is not required to pass Module 2A:
(a) a person who has at least 3 years of relevant and continuous
working experience in Singapore in respect of trading in futures
contracts as a licensed commodity futures broker’s representative
under section 13 of the CTA in relation to a qualifying corporation
prior to 27 February 2008, without any break-in-service of more
than 6 months between the person’s last working experience in
trading in futures contracts and the date of his -
(i) lodgment of Form 2 under Regulation 7(1)(a) of the
Securities and Futures (Provisions for Persons and Matters
Previously Regulated under Commodity Trading Act)
Regulations 2007;
(ii) licence application prior to 26 November 2010; -
(iii) entry into the industry prior to 26 November 2010; or
(iv) principal’s lodgment with the Authority of documents under
section 99H of the Act, in relation to his appointment as an
appointed representative,
as the case may be;
(b) a person who, prior to 27 February 2008, -
(i) has at least 3 years of relevant and continuous working
experience in Singapore in respect of trading in futures
contract as an associated person in relation to a qualifying
corporation and registered with the Singapore Commodity
Exchange Ltd; and
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Representatives of Holders of Capital Markets Services Licence and Exempt
Financial Institutions
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(ii) does not hold a commodity futures broker’s representative’s
licence under section 13 of the CTA in relation to that
corporation;
and there is no break-in-service of more than 6 months between
the person’s last working experience in trading in futures contracts
and the date of his licence application prior to
26 November 2010, entry into the industry prior to
26 November 2010, or his principal’s lodgment with the Authority
of documents under section 99H of the Act in relation to his
appointment as an appointed representative, as the case may be;
(c) a person who, prior to 27 February 2008,
(i) has at least 3 years of relevant and continuous working
experience in Singapore in respect of trading in futures
contracts as a licensed commodity futures broker’s
representative under section 13 of the CTA in relation to a
corporation which, prior to 27 February 2008 , is the holder
of a commodity futures broker’s licence under the CTA and
a CMS licence; and
(ii) is not the holder of a representative’s licence under section
87 of the Act, in force immediately before 27 February
2008;
and there is no break-in-service of more than 6 months between
the person’s last working experience in trading in futures contracts
and the date of his
(i) lodgment of Form 2 under Regulation 8(i) of the Securities
and Futures (Provisions for Persons and Matters Previously
Regulated under Commodity Trading Act) Regulations 2007;
(ii) licence application prior to 26 November 2010;
(iii) entry into the industry prior to 26 November 2010; or
(iv) principal’s lodgment with the Authority of documents under
section 99H of the Act, in relation to his appointment as an
appointed representative,
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Representatives of Holders of Capital Markets Services Licence and Exempt
Financial Institutions
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as the case may be; or
(d) a person who, prior to 27 February 2008,
(i) is exempted from holding a commodity futures broker’s
representative licence under the CTA;
(ii) is employed by or acting for a bank licensed under the
Banking Act (Cap. 19) or a merchant bank approved under
the Monetary Authority of Singapore Act (Cap. 186); and
(iii) has at least 3 years of relevant and continuous working
experience in Singapore in respect of trading in futures
contracts,
and there is no break-in-service of more than 6 months between the
person’s last working experience in trading in futures contracts and
the date of his licence application prior to 26 November 2010, entry
into the industry prior to 26 November 2010, or his principal’s
lodgment with the Authority of documents under section 99H of the
Act in relation to his appointment as an appointed representative, as
the case may be.
[SFA 04-N09 (Amendment) 2010]
26 A person who is:
(a) an appointed representative in respect of dealing in securities; and
(b) exempt from section 99B(1) of the Act when acting as a
representative in respect of the regulated activity of trading in
extended settlement contracts under regulation 3(1) of the
Securities and Futures (Exemption from Section 99B) Regulations
2010,
is not required to pass Modules 2A, 2B and 7, provided that he has passed an
examination administered by the SGX-ST on the relevant rules and regulations
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Representatives of Holders of Capital Markets Services Licence and Exempt
Financial Institutions
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applicable to trading in extended settlement contracts. With effect from 1
January 2012, such a specific representative is required to pass Module 6A.
[SFA 04-N09 (Amendment) 2010]
[SFA 04-N09 (Amendment) 2011]
27 A specific representative who has been trading in futures contracts as at
31 August 2010 and wishes to trade in futures contracts for a principal in the
principal’s capacity as a member of the SMX is not required to pass Module
2B, provided that he has completed a non-examinable course administered by
the SMX on the rules and regulations applicable to trading on the SMX by 1
March 2011.
Modules for Leveraged Foreign Exchange Trading Modules 1A, 1B, 2A,
2B, 6A and 7
27A A specific representative who as at 15 April 2005 already conducts the
regulated activity of leveraged foreign exchange trading for a holder of a CMS
licence or an exempt FI and continues to conduct such regulated activity after
15 April 2005 is not required to pass any of the modules of the CMFAS Exam.
With effect from 1 January 2012, such representative is required to pass
Module 6A in accordance with paragraph 39 of this Notice.
[SFA 04-N09 (Amendment) 2010]
[SFA 04-N09 (Amendment) 2011]
Modules for Fund Management Modules 3, 6, 6A and 7
28 A specific representative who meets the following criteria in respect of
fund management is not required to pass Modules 3, 6, 6A and 7:
(a) a person who conducts venture capital fund management;
(b) a person who manages funds only for accredited investors (within
the meaning as that defined in section 4A of the Act); or
(c) a person who works in a specialised unit serving high net worth
individuals exempted under section 100(2) of the FAA.
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Financial Institutions
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[SFA 04-N09 (Amendment) 2011]
Modules for Advising on Corporate Finance Modules 4A and 4B
29 A specific representative who advises solely on matters concerning
raising funds and other corporate finance projects where such projects are in
countries other than Singapore is not required to pass Modules 4A or 4B.
30 As at 1 July 2005, a specific representative who advises on matters
concerning raising funds and other corporate finance projects, whether such
projects are in Singapore or elsewhere, is not required to pass Modules 4A or
4B, provided that, prior to 30 June 2005, such person
(a) has at least 3 years of relevant and continuous working experience,
whether in Singapore or elsewhere, in providing advice on matters
in relation to corporate finance which does not require a CMS
licence or a representative’s licence under the Act immediately in
force prior to 26 November 2010 (―relevant advice‖), without any
break-in-service of more than 6 months between such person’s last
working experience in providing such relevant advice and the date
of his licence application prior to 26 November 2010, entry into
the industry prior to 26 November 2010, or his principal’s
lodgment with the Authority of documents under section 99H of
the Act in relation to his appointment as an appointed
representative, as the case may be; and
(b) has completed a non-examinable course, conducted by the Institute
of Banking and Finance (the "IBF") or an in-house non-
examinable course conducted by a qualified person, on the rules
and regulations for advising on corporate finance. Such in-house
non-examinable course must cover at least the contents of the
study guides of Module 4A and/or Module 4B issued by the IBF.
A qualified person refers to a person who has at least passed
Module 4A and/or Module 4B administered by the IBF or
otherwise possesses the relevant expertise and experience in
relation to the course.
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[SFA 04-N09 (Amendment) 2010]
31 With effect from 1 July 2005, there is no option of a non-examinable
course for modules 4A and 4B.
[SFA 04-N09 (Amendment) 2010]
Module for REIT Management Module 10
32 A specific representative who has been conducting REIT management as
at 1 August 2008 is not required to pass Module 10. However, he is required
to:
(a) complete a non-examinable course on the relevant rules and
regulations applicable to REIT management, within six months
from 1 August 2008. The course is available at IBF; or
(b) attend an in-house course conducted by their principals which
meet the following conditions:
(i) each course must be based on the contents of the IBF study
guides/textbooks for the relevant rules and regulations; and
(ii) the person conducting the training course must be proficient
in the subject-matter i.e. he must have passed the
examination of Module 10 administered by IBF, or
otherwise possesses the relevant expertise and experience in
relation to REIT management.
RE-TAKING OF RULES AND REGULATIONS MODULES
33 The following individuals are required to re-take the applicable modules
on rules and regulations if they wish to carry out the relevant regulated activity:
(a) a person who has passed the applicable rules and regulations of the
CMFAS Exam but did not commence that regulated activity with a
holder of a CMS licence or an exempt FI within 3 years of the date
of passing that module;
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(b) a person who was subject to the requirement of completing the
applicable non-examinable course by the stipulated deadlines in
this Notice or cancelled Notice No: SFA 04-N01 (Notice on
Minimum Entry and Examination Requirements for
Representatives of Holders of Capital Markets Services Licence
and Exempt Financial Institutions) issued on 1 October 2002 and
cancelled on 16 January 2004, and had completed the relevant
non-examinable course after he has ceased carrying out the
applicable regulated activity he was previously licensed to carry
out, but did not re-commence that regulated activity with a holder
of a CMS licence or an exempt FI within 3 years from the date of
completion of the relevant non-examinable course; or
(c) a person who has ceased carrying out any regulated activity with a
holder of a CMS licence or an exempt FI subsequent to his passing
of the relevant rules and regulations of the CMFAS Exam or
completion of the relevant non-examinable course by the stipulated
deadlines in this Notice or cancelled Notice No. SFA 04-N01
(Notice on Minimum Entry and Examination Requirements for
Representatives of Holders of Capital Markets Services Licence
and Exempt Financial Institutions) issued on 1 October 2002 and
cancelled on 16 January 2004, and wish to act as an appointed
representative with a holder of a CMS licence or an exempt FI for
that regulated activity 3 years after his cessation of that regulated
activity.
[SFA 04-N09 (Amendment) 2010]
OBLIGATIONS OF HOLDERS OF A CMS LICENCE AND EXEMPT
FIs
34 A holder of a CMS licence or an exempt FI is required to maintain a
register stating whether its representative is subject to the CMFAS Exam
requirements or the non-examinable course(s), where applicable, relevant to the
regulated activities of the representative. A holder of a CMS licence or exempt
financial institution shall enter in the register the type of regulated activities
Notice on Minimum Entry and Examination Requirements for
Representatives of Holders of Capital Markets Services Licence and Exempt
Financial Institutions
________________________________________________________________
21
conducted by its representative, the date on which its representative completed
the examinations or non-examinable course(s), where applicable, and in respect
of such representative who is not required to pass certain modules of the
CMFAS Exam under this Notice, to state the details thereof, if any.
[SFA 04-N09 (Amendment) 2010]
35 In addition, a holder of a CMS licence or exempt FI shall ensure that its
specific representatives comply with the examination requirements of this
Notice. A holder of a CMS licence or exempt FI shall not allow its specific
representatives who are subject to the examination requirements to commence
any regulated activity unless they have passed the applicable modules of the
CMFAS Exam or completed the relevant non-examinable course, where
applicable.
ADMINISTRATION OF CMFAS EXAM
36 The Institute of Banking and Finance (―IBF‖) administers Modules 1A,
1B, 2A, 2B, 3, 4A, 4B, 6, 6A, 7 and 10. Details of the syllabus, examination
format and duration of these modules can be obtained from the IBF.
[SFA 04-N09 (Amendment) 2011]
CONTINUING EDUCATION REQUIREMENTS FOR APPOINTED
REPRESENTATIVES OF CMS LICENCE HOLDERS AND EXEMPT
FIs
37 As set out in the Guidelines on Fit and Proper Criteria (Guideline No.
FSG-G01), competence and capability is a criterion which the Authority will
take into account in considering whether a person is fit and proper. The
Authority expects representatives of CMS licence holders and exempt FIs to
undergo continuing education so as to keep abreast of developments in the
industry and update skills and knowledge relevant to the activities they conduct.
In this regard, principals should review and follow up on their appointed
representatives' continuing education needs on an annual basis, and document
this assessment and attendance at any training in a Continuing Education
Register. Principals should include continuing education undertaken by
appointed representatives in its assessment and that its appointed
Notice on Minimum Entry and Examination Requirements for
Representatives of Holders of Capital Markets Services Licence and Exempt
Financial Institutions
________________________________________________________________
22
representatives remain fit and proper in the conduct of the relevant regulated
activities, for the purposes of certification to the Authority
4
.
[SFA 04-N09 (Amendment) 2010]
37A A holder of a CMS licence or an exempt FI is expected to ensure that its
representatives have undergone adequate relevant training in the new Specified
Investment Products, prior to their acting as a representatives in respect of such
products.
[SFA 04-N09 (Amendment) 2011]
38 A holder of a CMS licence or an exempt FI is expected to ensure that its
representatives observe the requirements stipulated in paragraph 37 of this
Notice.
[SFA 04-N09 (Amendment) 2010]
TRANSITIONAL ARRANGEMENTS FOR IMPLEMENTATION OF
MODULE 6A OF THE CMFAS EXAM REQUIREMENTS
Existing Representatives
39 Subject to paragraph 18C, a specific representative who is conducting
any of the following regulated activities in respect of a Specified Investment
Product on 1 January 2012 and continue to conduct such regulated activities
after that date, is required to pass Module 6A by 30 June 2013:
(a) dealing in securities;
(b) trading in futures contracts; or
(c) leveraged foreign exchange trading.
[SFA 04-N09 (Amendment) 2011]
4
Under regulations 14A(1)(b) and 14A(2)(a)(ii) of the Securities and Futures (Licensing and Conduct of
Business) Regulations (Rg. 10), holders of CMS licence and exempt FIs are respectively required to ensure that
their representatives are fit and proper persons in relation to the carrying out of regulated activities as
representatives. Pursuant to section 99M of the Act, the Authority may revoke or suspend an appointed
representative if he or his principal fails to satisfy the Authority that he remains a fit and proper person to be
such a representative.
Notice on Minimum Entry and Examination Requirements for
Representatives of Holders of Capital Markets Services Licence and Exempt
Financial Institutions
________________________________________________________________
23
Outstanding Notifications with the Authority on 1 January 2012
40 Subject to paragraph 18C, a specific representative whose notification to
act as an appointed representative has been lodged with the Authority by his
principal on or before 1 January 2012 to conduct any of the following regulated
activities in respect of a Specified Investment Product is required to pass
Module 6A by 30 June 2013:
(a) dealing in securities;
(b) trading in futures contracts; or
(c) leveraged foreign exchange trading.
[SFA 04-N09 (Amendment) 2011]
Notifications Submitted after 1 January 2012
41 Subject to paragraph 18C, a specific representative whose notification to
act as an appointed representative is lodged with the Authority by his principal
after 1 January 2012 to conduct any of the following regulated activities in
respect of a Specified Investment Product for any customer:
(a) dealing in securities;
(b) trading in futures contracts; or
(c) leveraged foreign exchange trading,
must have passed the relevant CMFAS exams applicable to the specific
representative concerned prior to lodgment of the notification by his principal.
[SFA 04-N09 (Amendment) 2011]
Representatives referred to in the Securities and Futures (Prescribed
Securities)(Exemption) Regulations
42 A specific representative referred to in paragraph 39 or 40 in respect of
the regulated activity of trading in futures contracts and whose notification to
act as an appointed representative to conduct dealing in securities will be
lodged to the Authority in accordance with regulation 5 or 6, as the case may
be, of the Securities and Futures (Prescribed Securities)(Exemption)
Regulations 2012, is required to pass Module 6A by 30 June 2013.
Notice on Minimum Entry and Examination Requirements for
Representatives of Holders of Capital Markets Services Licence and Exempt
Financial Institutions
________________________________________________________________
24
[SFA 04-N09 (Amendment) (02) 2012]
(ho
*Note on History of Amendment
1. SFA 04-N09 (Amendment) 2010 with effect from 26 November 2010.
2. SFA 04-N09 (Amendment) 2011 with effect from 19 October 2011.
3. SFA 04-N09 (Amendment) 2012 with effect from 17 January 2012.
4. SFA 04-N09 (Amendment) (02) 2012 with effect from 4 June 2012.
Note:
Under section 101(3) of the Act, any person who contravenes any
requirement specified in a direction issued by the Authority shall be guilty of
an offence and shall be liable on conviction to a fine not exceeding $50,000
and, in the case of a continuing offence, to a further fine of $5,000 for every
day or part thereof during which the offence continues after conviction.
1
ANNEX 1
Persons possessing any of the following qualifications (which must be
attained through passing the specific respective examination(s)) or
working experience are not required to pass Module 6
1. Degree or higher qualification with emphasis on accountancy,
actuarial science, business/business administration/business
management/business studies, capital markets, commerce, economics,
finance, financial engineering, financial planning or computational
finance;
2. Trading Representatives’ Examination Paper II (previously conducted
by IBF);
3. Investment Representatives’ Examination Paper II (previously
conducted by IBF);
4. Diploma in Investment (previously conducted by IBF);
5. Diploma in Investment Analysis (previously conducted by the
Singapore Securities Research Institute);
6. Diploma in Investment conducted by The Singapore Human
Resources Institute (―SHRI‖);
7. Diploma in Banking and Finance (previously conducted by IBF);
8. Diploma in Banking and Finance conducted by SHRI;
9. Diploma in Financial Planning from IBF/Singapore College of
Insurance (―SCI‖);
10. Diploma in Financial Planning from the Financial Planning
Association of Australia;
11. Diploma in banking, finance, accountancy, business or business
administration from all polytechnics in Singapore;
12. Diploma in Business Administration from University of Singapore;
2
13. Graduate Diploma in Financial Management from Singapore Institute
of Management (―SIM‖);
14. Royal Melbourne Institute of Technology’s Diploma of Financial
Services conducted by SIM;
15. Banking or Financial Studies Diploma from ifs School of Finance
(previously known as the Chartered Institute of Bankers), UK;
16. Skills Certificate Investment (previously awarded by IBF);
17. Skills Certificate Investment awarded by SHRI;
18. Certificate in Private Banking awarded by Wealth Management
Institute Pte Ltd, Singapore;
19. Certificate in Financial Needs Analysis & Plan Construction awarded
by Singapore College of Insurance;
20. Chartered Financial Analyst Level 1 Examination conducted by the
CFA Institute, USA;
21. Associate Financial Consultant awarded by Insurance and Financial
Practitioners Association of Singapore (previously known as Life
Underwriters Association of Singapore);
22. Associate Financial Planner or Associate Wealth Planner awarded by
the Financial Planning Association of Singapore;
23. Series 6 or Series 7 of the National Association of Securities Dealers,
USA;
24. Investment Management Certificate of the UK Society of Investment
Professionals (previously known as UK Institute of Investment
Management & Research Examinations);
25. Chartered Life Underwriter by the American College, USA; or
Chartered Life Underwriter Singapore by the SCI;
3
26. Chartered Financial Consultant by the American College, USA; or
Chartered Financial Consultant Singapore by SCI;
27. Certified Financial Planner by the Certified Financial Planners Board
of Standards;
28. Certificate in Securities, Derivatives or Securities and Financial
Derivatives by the Securities & Investment Institute, recognised by
the UK Financial Services Skills Council and Financial Services
Authority (previously known as the Registered Persons Examination
by the Financial Services Authority, UK)
5
;
29. The Association of Chartered Certified Accountants (ACCA)
Qualifications;
30. The Chartered Accountant (ACA) Qualifications;
31. Associate/Fellow of the Institute of Actuaries, England;
32. Associate/Fellow of the Faculty of Actuaries, Scotland;
33. Associate/Fellow of the Society of Actuaries, USA;
34. Associate/Fellow of the Institute of Actuaries of Australia;
35. Associate/Fellow of the Casualty Actuarial Society, USA;
36. Associate Member of CPA Australia
6
;
37. Module 1 of the Investor Contact Competency Examination (ICCE
Module 1) administered by the Securities and Exchange Commission,
Thailand
7
;
5
Persons who possess the qualification of the Registered Persons Examination by the Financial
Services Authority, UK, by no later than 1 December 2001, shall be deemed to possess the qualification of
the Certificate in Securities, Derivatives or Securities and Financial Derivatives by the Securities &
Investment Institute, recognised by the UK Financial Services Skills Council and Financial Services
Authority, for the purposes of Annex 1 of this Notice.
6
Qualification attained by membership is recognised.
4
38. Three years’ relevant and continuous working experience in respect of
the regulated activity to be conducted provided there is no break-in-
service of more than three years between the specific representative’s
last working experience in the regulated activity and the date of his
licence application prior to 26 November 2010, or entry into the
industry prior to 26 November 2010, or his principal’s lodgment with
the Authority of documents under section 99H of the Act in relation to
his appointment as an appointed representative, as the case may be.
However, this does not apply to persons who fall within paragraph
7(a)(ii) of this Notice.
[SFA 04-N09 (Amendment) 2011]
7
Person has to be licensed by the Securities and Exchange Commission of Thailand. His/her
principal company in Singapore shall maintain proper records of documentary evidence certifying his
licensing or authorisation status in Thailand.
5
ANNEX 1A
Persons possessing any of the following qualifications (which must be
attained through passing the specific respective examination(s)) or
working experience are not required to pass Module 6
1. Degree or higher qualification, with emphasis on accountancy,
actuarial science, business/business administration/business
management/business studies, capital markets, commerce, economics,
finance, financial engineering, financial planning, or computational
finance;
2. Chartered Financial Analyst (CFA) by the CFA Institute, USA;
3. The Association of Chartered Certified Accountants (ACCA)
Qualifications;
4. Associate Chartered Accountant (ACA) of the Institute of Chartered
Accountants in England and Wales
8
;
5. Associate/Fellow of the Institute of Actuaries, England;
6. Associate/Fellow of the Faculty of Actuaries, Scotland;
7. Associate/Fellow of the Society of Actuaries, USA;
8. Associate/Fellow of the Institute of Actuaries of Australia;
9. Associate/Fellow of the Casualty Actuarial Society, USA;
10. Associate/Fellow of CPA Australia
9
;
11. Investment Company Products/Variable Contracts Limited
Representative Examination (Series 6) or General Securities
Representative Examination (Series 7) administered by the Financial
Industry Regulatory Authority (FINRA), USA;
8
Qualification attained by membership is recognised.
9
Qualification attained by membership is recognised.
6
12. Module 1 of the Investor Contact Competency Examination (ICCE
Module 1) administered by the Securities and Exchange Commission,
Thailand
10
;
13. Three years’ relevant and continuous working experience in respect of
the regulated activity to be conducted provided there is no break-in-
service of more than three years between the specific representative’s
last working experience in the regulated activity and the date of his
licence application prior to 26 November 2010, or entry into the
industry prior to 26 November 2010, or his principal’s lodgment with
the Authority of documents under section 99H of the Act in relation to
his appointment as an appointed representative, as the case may be.
However, this does not apply to persons who fall within paragraph
7(a)(ii) of this Notice.
[SFA 04-N09 (Amendment) 2011]
10
Person has to be licensed by the Securities and Exchange Commission of Thailand. His/her
principal company in Singapore shall maintain proper records of documentary evidence certifying his
licensing or authorisation status in Thailand.
1
ANNEX 2
Persons possessing any of the following qualifications (which must be
attained through passing the specific respective examination(s)) or
working experience are not required to pass Module 7
1 Degree in finance-related disciplines with at least 50% coverage on
futures and derivatives products;
2. Futures Trading Test (previously conducted by IBF);
3. Futures Examination Paper II (previously conducted by IBF);
4. Futures Examination Paper III (previously conducted by IBF);
5. Series 3 of the National Association of Securities Dealers, USA;
6. Futures and Options Representative’s Examination conducted by the
Securities & Futures Authority Ltd, UK;
7. Certificate in Derivatives by the Securities & Investment Institute,
recognised by the UK Financial Services Skills Council and Financial
Services Authority
11
;
8. Diploma in Investment (previously conducted by IBF);
9. Diploma in Investment conducted by SHRI;
10. Certified Financial Planner by the Certified Financial Planners Board
of Standards, USA;
11. Chartered Financial Analyst Level 1 Examination conducted by the
CFA Institute, USA;
11
Persons who possess the qualification of a Level 3 Certificate in Investments (Derivatives) by the
Securities & Investment Institute, recognised by the UK Financial Services Skills Council and Financial
Services Authority, by no later than 1 November 2004, shall be deemed to possess the qualification of a
Certificate in Derivatives by the Securities & Investment Institute, recognised by the UK Financial Services
Skills Council and Financial Services Authority, for the purposes of Annex 2 of this Notice.
2
12. Chartered Financial Consultant by the American College, USA; or
Chartered Financial Consultant Singapore by SCI;
13. Advanced Certification in Investment conducted by the Nanyang
Polytechnic;
14. Three years’ relevant and continuous working experience in respect of
the regulated activity to be conducted provided there is no break-in-
service of more than three years between the specific representative’s
last working experience in the regulated activity and the date of his
licence application prior to 26 November 2010, or entry into the
industry prior to 26 November 2010, or his principal’s lodgment with
the Authority of documents under section 99H of the Act in relation to
his appointment as an appointed representative, as the case may be.
However, this does not apply to persons who fall within paragraph
7(a)(ii) of this Notice.
3
ANNEX 2A
Persons possessing any of the following qualifications (which must be
attained through passing the specific respective examination(s)) or
working experience are not required to pass Module 7
1 Degree or higher qualification with emphasis on accountancy,
actuarial science, business/business administration/business
management/business studies, capital markets, commerce, economics,
finance, financial engineering, financial planning or computational
finance;
2. Chartered Financial Analyst (CFA) by the CFA Institute, USA;
3. National Commodity Futures Examination (Series 3) administered by
the Financial Industry Regulatory Authority (FINRA), USA;
4. Three years’ relevant and continuous working experience in respect of
the regulated activity to be conducted provided there is no break-in-
service of more than three years between the specific representative’s
last working experience in the regulated activity and the date of his
licence application prior to 26 November 2010, or entry into the
industry prior to 26 November 2010, or his principal’s lodgment with
the Authority of documents under section 99H of the Act in relation to
his appointment as an appointed representative, as the case may be.
[SFA 04-N09 (Amendment) 2011]