Document ID: chunk:federal_register_of_legislation:F2023C00827:reg:2:p4
Version: federal_register_of_legislation:F2023C00827
Segment Type: reg
Provision Reference: reg 2 (pt 4/10)
Character Range: 9430–12159

commodity trading advisor;
(b)  the foreign company is:
(i)  a body corporate incorporated in the US or a State of the US; or
(ii)  a partnership formed in the US or a State of the US;
              Note:  By subsection 761H(1) of the Act, the operation of this instrument in relation to partnerships is affected by section 761F and subsection 769B(4) of the Act.
 (c)  the foreign company carries on business in the US.
(2) In this section:
Commodity Exchange Act means the Commodity Exchange Act of the US.
NFA means the National Futures Association of the US.
registered commodity pool operator means a commodity pool operator (within the meaning of the Commodity Exchange Act) who is:
(a) registered under section 6n(1) of the Commodity Exchange Act; and
(b) a member of the NFA.
registered commodity trading advisor means a commodity trading advisor (within the meaning of the Commodity Exchange Act) who is:
(a) registered under section 6n(1) of the Commodity Exchange Act; and
(b) a member of the NFA.
registered futures commission merchant means a person who is:
(a)  registered as a futures commission merchant under section 6f(a) of the Commodity Exchange Act; and
(b)  a member of the NFA.
registered introducing broker means a person who is:
(a)  registered as an introducing broker under section 6f(a) of the Commodity Exchange Act; and
(b)  a member of the NFA.

8 Meaning of Singapore MAS regulated financial service provider
For the purposes of this instrument, a Singapore MAS regulated financial service provider is a foreign company to which the following apply:
(a)  the foreign company:
(i)  has a current capital market services licence granted by MAS under section 86 of the Securities and Futures Act 2001 of Singapore; or
(ii)  has a current banking licence granted by MAS under section 7 or section 79 of the Banking Act 1970 of Singapore; or
(iii)  is a merchant bank approved as a financial institution by MAS under section 28 of the Monetary Authority of Singapore Act 1970 of Singapore;
(b)  the foreign company is either a body corporate incorporated in Singapore or a partnership formed in Singapore;
           Note:  By subsection 761H(1) of the Act, the operation of this instrument in relation to partnerships is affected by section 761F and subsection 769B(4) of the Act.
 (c)  the foreign company carries on business in Singapore.

9 Meaning of Hong Kong SFC regulated financial service provider
For the purposes of this instrument, a Hong Kong SFC regulated financial service provider is a foreign company to which the following apply:
(a)  the foreign company has:
(i) a current licence granted under section 116 of the Securities and Futures Ordinance 2002 of Hong Kong (SFO) or deemed to