Market misconduct offences will now be jointly investigated by MAS and CAD

Market misconduct offences will now be jointly investigated by MAS and CAD

Market misconduct offences will now be jointly investigated by the Monetary Authority of Singapore (MAS) and the Commercial Affairs Department (CAD) of the Singapore Police Force (SPF).

Such offences include insider trading and market manipulation under Part XII of the Securities and Futures Act (SFA).

The arrangement will enhance the enforcement process as both agencies will collaborate from the outset, bringing about greater efficiency, said an MAS statement.

MAS officers taking part in the joint investigations are gazetted as Commercial Affairs Officers, giving them the same criminal powers of investigation as CAD officers.

Such powers include the ability to search premises and seize items, and to order financial institutions to monitor customer accounts.

Previously, MAS and CAD have been investigating market misconduct offences independently, based on an initial assessment of whether the offence is likely to be a civil penalty or criminal prosecution case.

With joint investigations, MAS and CAD can now make decisions on whether a case is subject to civil penalty action or criminal prosecution when investigations are concluded together.

Under the new arrangement, MAS and CAD will consolidate their investigative resources and expertise, drawing significant synergies from MAS' role as a financial regulator and CAD's financial crime investigation and intelligence capabilities.

The new arrangement also allows for greater coordination when formulating enforcement policies in the area of market misconduct.

The arrangement will also improve the overall effectiveness of market misconduct investigations.

Mr Lee Boon Ngiap, Assistant Managing Director of Capital Markets, MAS and Mr Tan Boon Gin, Director CAD affirmed the joint investigation arrangement as an important refinement to the market misconduct enforcement regime, leveraging on MAS' insights in supervising the financial sector and CAD's experience in combating financial crime. The new arrangement would deliver more effective enforcement outcomes that would further strengthen public trust and confidence in Singapore's capital markets.

spanaech@sph.com.sg

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