Skip to content
In forceAmended2020 Revised Edition
Contents

Part 3 · Clearing Facilities

77. Obligation in relation to customers’ money and assets held by recognised clearing house

Feedback & support
Amended

Last amended by an amending law of 2012.

(1)

Without affecting sections 81Q and 341, the Authority may make regulations —

(a)

relating to how any money or assets deposited with or paid to a recognised clearing house by its members, for or in relation to any contracts of the customers of those members, are to be held by the recognised clearing house and, in particular, requiring any such money or assets to be deposited in trust accounts or custody accounts;

(b)

relating to the circumstances under which, and the purposes for which, the money or assets referred to in paragraph (a) may be used by the recognised clearing house;

(c)

relating to how the recognised clearing house may invest the money or assets referred to in paragraph (a); and

(d)

for any other purpose relating to the handling of the money or assets referred to in paragraph (a).

(2)

Regulations made under this section may provide —

(a)

that a contravention of any specified provision thereof shall be an offence; and

(b)

for a penalty not exceeding a fine of $150,000 and, in the case of a continuing offence, for a further penalty not exceeding $15,000 for every day or part of a day during which the offence continues after conviction.

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