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In forceAmended2020 Revised Edition
Contents

Part 3 · Clearing Facilities

57. General obligations

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Amended

Last amended by an amending law of 2012.

(1)

An approved clearing house —

(a)

must operate a safe and efficient clearing facility;

(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 its clearing facility is subject to criteria that are fair and objective, and that are designed to ensure the safe and efficient functioning of its facility and to protect the interests of the investing public;

(e)

must maintain business rules that make satisfactory provision for —

(i)

the clearing facility to be operated in a safe and efficient manner; and

(ii)

the proper regulation and supervision of its members;

(f)

must enforce compliance by its members with its business rules;

(g)

must have sufficient financial, human and system resources —

(i)

to operate a safe and efficient clearing facility;

(ii)

to meet contingencies or disasters; and

(iii)

to provide adequate security arrangements;

(h)

must maintain governance arrangements that are adequate for the clearing facility to be operated in a safe and efficient manner; and

(i)

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

(2)

The obligations imposed on an approved clearing house under this Act apply to all facilities for clearing or settlement operated by the approved clearing house.

(3)

Despite subsection (2), the Authority may by written notice exempt any clearing facility operated by an approved clearing house from all or any of the provisions of this Act, if the Authority is satisfied that such exemption would not detract from the objectives specified in section 47.

(4)

It is not necessary to publish any exemption granted under subsection (3) in the Gazette.

(5)

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

Report

Part 3A

Approved Holding Companies

Part 4

Holders of Capital Markets Services Licence and Representatives

Part 5

Books, Customer Assets and Audit

Part 6

Conduct of Business

Part 6A

Reporting of Derivatives Contracts

Part 6B

Clearing of Derivatives Contracts

Part 6C

Trading of Derivatives Contracts

Part 7

Disclosure of Interests

Part 7A

Short Selling

Part 8

Securities Industry Council and Take‑Over Offers

Part 9

Supervision and Investigation

Part 10

Assistance to Foreign Regulatory Authorities

Part 11

Investor Compensation Scheme

Part 12

Market Conduct

Part 13

Offers of Investments

Part 13A

Modification of Act for Purposes of Dual Listing Boards

Part 14

Appeals

Part 15

Miscellaneous

Schedules