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The licensing exemption and the 2023 class exemption proposal

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A family office that manages only the assets of a single family does not need a capital markets services licence. The traditional route to the exemption was paragraph 5(1)(b) of the Second Schedule to the Securities and Futures (Licensing and Conduct of Business) Regulations, which exempts a corporation managing funds for its related corporations. Where the family's assets were held through trusts or individuals instead of related corporations, a case-by-case exemption from MAS under section 99(1)(h) of the Securities and Futures Act was added. In July 2023 MAS consulted on a class exemption framework. Under it a single family office would qualify for exemption automatically if it met a definition of "single family office", notified MAS and maintained a Singapore business relationship with a MAS-regulated financial institution that performed anti-money-laundering checks. Annual reporting conditions would complete the framework.1 The proposal reflected the concern that the old case-by-case route gave MAS no overview of who was operating a family office in Singapore and no anti-money-laundering check at the gate.

For a family whose wealth is in digital assets the licensing exemption matters because its boundaries are also the boundaries of the Payment Services Act. A family office that buys and sells tokens for the family fund does not provide a DPT service to others and needs no licence. A family office that lets a second family invest alongside, or that runs a token-trading desk for third parties, has stepped outside the single-family definition and into the licensing perimeter described in Part K. The temptation to "add a friend's capital" is the most common way a family office acquires a licensing problem.2

Notes

  1. MAS, Consultation Paper on a Proposed Framework for Single Family Offices, 31 July 2023. ↩
  2. Securities and Futures Act 2001, s. 82 (requirement for a capital markets services licence) read with the definition of "fund management" in the Second Schedule; Payment Services Act 2019, s. 5 and First Schedule, Part 3 (digital payment token service). ↩

For general information only. This article does not constitute legal or tax advice, does not replace advice on an individual case and creates no lawyer-client relationship. It reflects the legal position as of October 2026.

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SingaporeIQ is edited by Dr Alexander Ressos, an international business lawyer with more than 15 years of local experience in Singapore as a permanent resident, a Singapore registered foreign lawyer and managing partner of a Singapore foreign law practice. In addition to significant experience in cross-border investments and transactions, UHNWI private client work and sanctions/export controls, Dr Ressos has extensive experience in cross-border business and in crypto and digital-asset projects in Singapore, drawn from more than 700 projects since 2017.

If you are planning a company incorporation, an investment, a holding structure or a market entry through Singapore, you can reach Dr Ressos directly at [email protected]. Singapore law advice is provided by KGP Legal LLC, a licensed firm of Singapore advocates and solicitors. Dr Ressos and his team facilitate the full range of Singapore legal, compliance and company administration services, including company incorporation, corporate transactions, commercial contracts, crypto and digital assets, financial regulatory work and dispute resolution, including litigation in the Singapore courts. For Hong Kong, our parallel site HongkongIQ.com offers the same practical guidance. For crypto and digital assets, dltreg.com covers legal, tax and fiduciary services. For legal, tax and fiduciary services in Switzerland, see helveticaregister.com.