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Can S13O/OA/U SFO funds hold investments in operating businesses of the beneficial owner or his family?
Yes, S13O/OA/U SFO funds may hold investments in operating businesses of the family, and such investments are not subject to any holding limits. For the purpose of assessing various conditions, the following apply:
- Investments (whether in the form of equity, debt or other financing arrangements) in operating businesses of the family will not count towards meeting the minimum AUM in DI condition.
- However, such investments will count towards all other relevant conditions (e.g. the minimum annual business spending and the Capital Deployment Requirement), provided that the investments qualify as DIs.
This information is sourced from MAS.
Related questions
Are the operating businesses of the beneficial owner or his family allowed to be part of the S13O/OA/U fund structure?
Regarding Option 3 of the CDR, a) What are the definitions of: (i) operating companies and (ii) substantive presence in Singapore? b) Does it count if the S13O/OA/U SFO fund invests into a foreign holding company that holds a non-listed Singapore-incorporated company with operating business(es) and with substantive presence in Singapore? c) Would an investment into a Singapore holding / joint venture company which owns a wholly-owned Singapore subsidiary count?
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Under the 5Jul23 conditions, what happens if an S13O/OA/U SFO fund’s AUM in DI falls below the minimum AUM in DI amount of S$20 million (for S13O/OA) or S$50 million (for S13U) subsequently?
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Do changes in (a) beneficial owners of an S13O/OA/U SFO fund (or beneficiaries where the fund is structured as a trust), (b) shareholders, directors, key employees (C-suites) and investment professionals in the SFO, or (c) new intermediate entities in the holding structure of an S13O/OA/U SFO fund or SFO, need to be reported to MAS after the approval of the S13O/OA/U tax incentive?
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