Securities and Futures (Market Conduct) (Exemption for Stabilising Action in respect of Dealings in Bonds) (No. 2) Regulations 2005

No. S 37

Securities and Futures Act

(Chapter 289)

Securities and Futures (Market Conduct) (Exemption for Stabilising Action in Respect of Dealings in Bonds) (No. 2) Regulations 2005

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 Bonds) (No. 2) Regulations 2005 and shall come into operation on 18th January 2005.

Definitions

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

“Bonds” means the zero coupon guaranteed exchangeable bonds issued by First Pacific Finance Limited in January 2005 for a principal amount of up to US$300 million, which are guaranteed by First Pacific Company Limited and which are exchangeable into existing shares in the capital of Philippine Long Distance Telephone Company Limited with a par value of 5 Philippine Peso each;

“stabilising action” means an action taken in Singapore or elsewhere by UBS Limited, or any of its related corporations, to buy, or to offer or agree to buy, any of the Bonds in order to stabilise or maintain the market price of the Bonds 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 Bonds, within 30 days from the date of issue of the Bonds, 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 5th day of January 2005.

KOH YONG GUAN

Managing Director,
Monetary Authority of
Singapore.

[SFD CFD 014/99; AG/LEG/SL/289/2002/1 Vol. 9]