Singapore legislation

Section 46I

of Securities and Futures Act 2001

Section 46I

General obligations

Amended by34/201234/2012

(1)

A licensed trade repository —

(a)

must operate in a safe and efficient manner in its capacity as a trade repository;

(b)

must manage any risks associated with its business and operations prudently;

(c)

in discharging its obligations under this Act, must not act contrary to the interests of the public, having particular regard to the interests of the investing public;

(d)

must ensure that access for participation in the licensed trade repository is subject to criteria that are fair and objective, and that are designed to ensure the safe and efficient functioning of the licensed trade repository and to protect the interests of the investing public;

(e)

must maintain business rules that make satisfactory provision for the licensed trade repository to be operated in a safe and efficient manner;

(f)

must enforce compliance by its participants with its business rules;

(g)

must have sufficient financial, human and system resources —

(i)

to operate in a safe and efficient manner in its capacity as a trade repository;

(ii)

to meet contingencies or disasters; and

(iii)

to provide adequate security arrangements;

(h)

must ensure that the Authority is provided with access to all information on transactions reported to the licensed trade repository;

(i)

must maintain governance arrangements that are adequate for the licensed trade repository to be operated in a safe and efficient manner; and

(j)

must ensure that it appoints or employs fit and proper persons as its chairperson, chief executive officer, directors and key management officers.

Amended by34/2012

(2)

In subsection (1)(g), “contingencies or disasters” includes technical disruptions occurring within automated systems.

Amended by34/2012