MAS’ updated guidance on 309B and classification of capital markets products

On 23 April 2019, the Monetary Authority of Singapore (“MAS”) published updated FAQs and guidance (the “Guidance”) on the product classification requirements set out in Section 309B (“309B”) of the Securities and Futures Act (Cap. 289) of Singapore. 309B imposes product classification and notification requirements on issuers before they can offer any capital markets products (“CMPs”) in Singapore. Over the last nine months, market practice regarding compliance with 309B has been developing.

The Guidance is timely and helpful as MAS has now officially provided guidance on some of the 309B issues that we had discussed with it last year. The Guidance should help eliminate uncertainties around market practice on such 309B issues. In this alert, we provide a summary of the Guidance and its impact on transactions relating to the offer and sale of CMPs, specifically in the context of international bond offerings. 

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