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关于修订《私人银行(新加坡)业务规则与条款》的公告(2022年1月3日起)


2021-12-07


尊敬的客户:

为给您提供更加优质的服务,我行对现有的《私人银行(新加坡)业务规则与条款》进行了修订,并将于2022年1月3日起生效。具体修订内容如下:
PART E TERMS AND CONDITIONS RELATING TO CUSTODIAL SERVICES
Clause 4. Custodian Responsibilities and Powers
4.3 (g) transmit to you any general meeting and proxy voting announcements in respect of the Custody Securities including those issued by issuers in the European Union / European Economic Area.
Clause 5. Corporate Actions
5.2 The Bank will not be making available to you any agenda or proxies in respect of the Custody Securities; and is not required to and will not attend meetings or vote, either directly or through a proxy. If there is any request to do so on your behalf, the Bank may agree or disagree at its discretion.
PART F GENERAL RISK DISCLOSURE STATEMENT AND DISCLAIMER
SCHEDULE - EXPLANATION OF EFFECT OF BEING TREATED AS AN ACCREDITED INVESTOR UNDER THE CONSENT PROVISIONS
Clause 20 "Regulation 3(2)(a)(ii) of the Financial Advisers (Complaints Handling and Resolution) Regulations 2021 ("CHR Regulations"). Regulation 3(2)(a)(ii) of the CHR Regulations provides that the CHR Regulations apply to any complaint that is made on or after 3 January 2022 by any client or prospective client of a financial adviser (whether licensed or exempt) who, at the time when the complaint is made, is not an accredited investor, expert investor or institutional investor.1 The CHR Regulations set out the requirements for a financial adviser in relation to the handling and resolution of complaints made by retail clients and prospective retail clients who are natural persons (including, for the avoidance of doubt, trustees and individual proprietors of sole proprietorships). For this purpose, a complaint refers to a complaint made by a named client or named prospective client containing an allegation of any conduct which, if true, may constitute a contravention of a business conduct requirement or an unfair practice in relation to the provision of a financial advisory service.
Where the CHR Regulations are applicable, a financial adviser must: (a) establish a unit for handling and resolving complaints, comprising of officers and employees who are not directly involved in providing any financial advisory service (the "CHR Unit"), and ensure that any complaint received by it is handled or resolved by the CHR Unit or a person under the supervision of the CHR Unit; and (b) establish and comply with a process for handling and resolving complaints (the "CHR Process"). A financial adviser must ensure that the CHR Process provides for: (i) the assessment of the merits of each complaint; (ii) the criteria for determining whether a complaint should be referred to its senior management for them to decide on the response to the complaint; and (iii) a reasonable timeframe for handling and resolving complaints.
The CHR Process must include procedures for the following matters: (a) acknowledging receipt of the complaint and providing the complainant with a written notice summarising the financial adviser's CHR Process within two business days; (b) interviewing of the complainant; (c) reviewing of the complaint and completion of such review; (d) ensuring that the complainant is kept informed of the complaints handling status; and (e) sending the complainant its final response to the complaint or a written response setting out certain matters within 20 business days. Where a complaint is rejected, the financial adviser must provide the complainant with written reasons for the rejection; and (f) where the complainant accepts an offer of redress or remedial action, paying the money offered as redress or carrying out of remedial action.
A financial adviser is also required to appoint member(s) of its senior management who are not directly involved in the provision of any financial advisory service to be responsible for the oversight of compliance with the CHR Regulations, and to ensure that information on its CHR Process, including information on how to make a complaint and the contact details of the CHR Unit), is available to and can be easily accessed by members of the public.
A financial adviser must establish a system to record, track and manage complaints, and keep a record of each complaint received for at least five years after the date on which the complaint is deemed to be resolved. It also has to prepare half-yearly reports setting out the complaints received and the actions undertaken to resolve each complaint and submit the reports to MAS.
When we deal with you (if you are a natural person) as an accredited investor, the CHR Regulations will not apply to any complaints we receive from you ("your complaints"). As a result, we are not statutorily obliged to handle and resolve your complaints according to the requirements under the CHR Regulations. In particular, we are not under any statutory obligation to: (a) establish a CHR Unit, or ensure that your complaints are resolved by the CHR Unit or a person under the supervision of the CHR Unit; (b) establish or maintain a CHR Process for handling and resolving complaints in the prescribed manner, or ensure that your complaints are handled and resolved in accordance with the CHR Process; (c) provide reasons for rejecting your complaints; or (d) keep a record of, track or manage your complaints. Further, we are not statutorily obliged to (i) appoint member(s) of our senior management to be responsible for compliance with the CHR Regulations; (ii) ensure that the prescribed information on our complaints handling and resolution process is available to and easily accessible by members of the public; or (iii) include your complaints in any reports submitted to the MAS for the purposes of the CHR Regulations. You are therefore not protected by the requirements of the CHR Regulations.
1
Transactions entered into before you opt out of your accredited investor status will not be affected by the change in status. We will continue to deal with you as if you were an accredited investor in respect of any transaction entered into with you prior to your change in status.

若有任何疑问,请致电+65 6412 8338 或 +65 6412 8332联系私人银行(新加坡),营业时间为星期一至星期五 上午9点至下午3点30分。

特此公告

中国银行股份有限公司新加坡分行

2021年12月7日

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