Securities and Futures (Market Conduct) (Exemption for Stabilising Action in respect of Dealings in Notes) (No. 28) Regulations 2004

No. S 360

Securities and Futures Act

(Chapter 289)

Securities and Futures (Market Conduct) (Exemption for Stabilising Action in Respect of Dealings in Notes) (No. 28) Regulations 2004

In exercise of the powers conferred by section 337(1) 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 (Market Conduct) (Exemption for Stabilising Action in respect of Dealings in Notes) (No. 28) Regulations 2004 and shall come into operation on 24th June 2004.

Definitions

2.  In these Regulations, unless the context otherwise requires —

“Notes” means the 7-year zero coupon exchangeable notes due June 2011 issued by Formosa Chemicals & Fibre Corporation for a principal amount of up to US$250 million which are exchangeable into existing ordinary shares of Formosa Petrochemical Corporation with a par value of NT$10 each;

“stabilising action” means an action taken in Singapore or elsewhere by Goldman Sachs International, or any of its related corporations, to buy, or to offer or agree to buy any of the Notes in order to stabilise or maintain the market price of the Notes in Singapore or elsewhere.

Exemption

3.  Sections 197 and 198 of the Act shall not apply to any stabilising action taken in respect of any of the Notes, within 30 days from the date of issue of the Notes, with —

(a) a person referred to in section 274 of the Act; or

(b) a sophisticated investor as defined in section 275(2) of the Act.

Made this 21st day of June 2004.

KOH YONG GUAN

Managing Director,
Monetary Authority of
Singapore.

[SFD CFD 014/99; AG/LEG/SL/289/2002/1 Vol. 6]