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Disclosure Statement
I need a disclosure statement for a financial investment product that clearly outlines all potential risks, fees, and terms of the investment, ensuring compliance with Singaporean regulations and providing transparent information for informed decision-making.
What is a Disclosure Statement?
A Disclosure Statement helps companies and professionals share important information with their stakeholders, clients, or the public. In Singapore's regulatory framework, it outlines key facts about financial products, business operations, or potential conflicts of interest that might affect decision-making.
Required by bodies like MAS and ACRA, these statements protect consumers by ensuring transparency. They're especially vital in financial services, real estate transactions, and investment offerings, where they detail risks, fees, and material facts. Good disclosure statements help organizations meet their legal duties while building trust with stakeholders.
When should you use a Disclosure Statement?
Use a Disclosure Statement when launching financial products, offering investment opportunities, or entering significant business transactions in Singapore. It's essential for financial advisers explaining fee structures, property developers selling uncompleted properties, and companies raising capital through share offerings.
MAS regulations require these statements before marketing complex financial products or when material changes occur in existing offerings. They're also crucial during mergers and acquisitions, when establishing investment funds, or if your company faces conflicts of interest that could impact stakeholder decisions. Getting ahead of disclosure requirements helps avoid regulatory penalties and builds market confidence.
What are the different types of Disclosure Statement?
- Financial Product Disclosure Statements outline investment risks, fees, and product features as required by MAS guidelines
- Property Development Disclosure Statements detail project specifications, completion timelines, and developer obligations for uncompleted properties
- Corporate Transaction Disclosure Statements reveal material information during mergers, acquisitions, or public offerings
- Conflict of Interest Disclosure Statements explain potential conflicts affecting professional services or business relationships
- Fund Management Disclosure Statements describe investment strategies, risks, and fee structures for managed funds
Who should typically use a Disclosure Statement?
- Financial Institutions: Draft and issue Disclosure Statements for investment products, banking services, and insurance policies under MAS supervision
- Corporate Directors: Review and approve statements detailing material information about company operations and financial status
- Property Developers: Prepare detailed disclosures for property launches and sales transactions
- Legal Counsel: Ensure statements meet regulatory requirements and protect company interests
- Compliance Officers: Monitor and update disclosures to maintain regulatory alignment
- Investment Advisers: Present statements to clients explaining fees, risks, and potential conflicts
How do you write a Disclosure Statement?
- Identify Requirements: Check MAS guidelines and industry regulations for your specific disclosure type
- Gather Key Information: Compile product details, risk factors, fees, and material facts affecting stakeholder decisions
- Document Structure: Use our platform's templates to ensure all mandatory sections are included correctly
- Clear Language: Write in simple terms while maintaining legal accuracy and regulatory compliance
- Internal Review: Have compliance officers and relevant department heads verify accuracy
- Version Control: Set up tracking for updates and maintain records of previous versions
What should be included in a Disclosure Statement?
- Company Information: Full legal name, registration number, and registered address of the disclosing entity
- Product Details: Complete description of services, products, or transactions being disclosed
- Risk Factors: Clear explanation of all material risks and potential impacts
- Financial Information: Relevant fees, costs, commissions, and payment terms
- Legal Compliance: References to applicable MAS regulations and industry requirements
- Signature Block: Authorized signatory details and date of disclosure
- Contact Information: Details for inquiries or additional information requests
What's the difference between a Disclosure Statement and a Disclosure Agreement?
While a Disclosure Statement and a Disclosure Agreement may sound similar, they serve distinct purposes in Singapore's legal framework. A Disclosure Statement is typically a one-way document that reveals specific information about products, services, or business situations, often required by regulatory bodies like MAS.
- Legal Nature: Disclosure Statements are informative documents, while Disclosure Agreements create binding obligations between parties
- Timing and Duration: Statements are point-in-time revelations, while Agreements establish ongoing obligations
- Enforcement: Statements fulfill regulatory requirements, while Agreements create contractual rights and remedies
- Structure: Statements focus on clear presentation of facts and risks, while Agreements outline mutual responsibilities and consequences
- Usage Context: Statements are common in financial services and property transactions, while Agreements typically govern business relationships and information sharing
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