Clause 341

the criteria for authorisation or recognition of collective investment schemes and the constitution, operation, management and offer of such schemes including but not limited to the powers and duties of the managers, trustees or representatives and the rights and obligations of the participants of the schemes;

the financial requirements and other criteria that a public company must fulfill for it to be considered for approval as a trustee;

applications for capital markets services licences to carry on business in any regulated activity or renewal of licences by persons holding a capital markets services licence to carry on business in any regulated activity and their representatives and matters incidental thereto;

the activities of, and standards to be maintained by persons holding a capital markets services licence to carry on business in any regulated activity and their representatives, including the manner, method and place of soliciting business by the holder of the licence and their representatives and the conduct of such solicitation;

prescribing the appropriate standards with respect to the qualifications, experience and training of applicants for any licence;

prescribing the conditions for the conduct of business on a securities exchange, futures exchange, recognised trading system provider, or clearing house;

providing for the form, content distribution and publication of written, printed or visual material and advertisements that may be distributed or used by a person in respect of any regulated activity, including advertisements offering the services of persons holding a capital markets services licence or offering capital markets products for sale;

prescribing the particulars to be recorded in the profit and loss accounts and balance-sheets and the information to be contained in auditor’s reports required to be lodged under this Act on the annual accounts of persons holding a capital markets services licence to carry on business in any regulated activity;

providing for the remuneration of an auditor appointed under this Act and for the costs of an audit carried out under this Act;

the manner in which persons holding a capital markets services licence to carry on a business in any regulated activity conduct their dealings with their customers, conflicts of interest involving the holder of the licence and its customers, and the duties of the holder of a licence to its customers when making recommendations in respect of capital markets products;

purchasing or selling of capital markets products for their own accounts, directly or indirectly by holders of capital markets services licences to carry on business in any regulated activity and their representatives;

providing for the disclosure by a holder of a capital markets services licence of any material interest that such person might have in a proposed transaction relating to trading in capital markets products;

the specification of manipulative and deceptive devices and contrivances in connection with the purchase or sale of securities, futures contracts or leveraged foreign exchange trading;

the regulation or prohibition of trading on the floor of a securities exchange, futures exchange or recognised trading system provider by members of a securities exchange, futures exchange or recognised trading system provider, as the case may be, or their representatives directly or indirectly for their own accounts and the prevention of such excessive trading on a securities exchange, futures exchange or recognised trading system provider but off the floor of a securities exchange, futures exchange or recognised trading system provider by members of a securities exchange, futures exchange or recognised trading system provider, as the case may be, or their representatives directly or indirectly for their own accounts as the Authority may consider is detrimental to the maintenance of a fair and orderly market; and the exemption of such transactions as the Authority may decide to be necessary in the interest of the public, or a section of the public or for the protection of investors;

the borrowing in the ordinary course of business by persons holding a capital markets services licence as the Authority may consider necessary or appropriate in the interest of the public, or a section of the public or for the protection of investors;

the prohibition or regulation of dealing in securities in circumstances where the person who deals in the securities does not hold or have an interest in the securities which are being or are proposed to be dealt with;

prohibiting or restricting forward contracts in securities of corporations that are admitted to the official list of a securities exchange;

prescribing any forms for the purposes of this Act;

prescribing fees to be paid in respect of any matter or thing required for the purposes of this Act, including licences required under this Act and the refund and remission of such fees;

the collection by or on behalf of the Authority, at such intervals or on such occasions as may be prescribed, of statistical information as to such matters relevant to capital markets products as may be prescribed and for the collection and use of such information for any purpose, whether or not connected with the prescribed capital markets products; and

all matters and things which by this Act are required or permitted to be prescribed or which are necessary or expedient to be prescribed to give effect to this Act.

may be of general or specific application; and

may provide that a contravention thereof shall be punishable —

in the case of an individual, with a fine not exceeding $25,000 or imprisonment for a term not exceeding 12 months or both; or

in the case of a corporation, with a fine not exceeding $50,000.