Securities and Futures (Financial Benchmarks) Regulations 2018 · As enacted · Part 2 · Benchmark Administrators of Designated Benchmarks
13. Obligation to submit periodic reports
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For the purposes of section 123S of the Act, an authorised benchmark administrator or exempt benchmark administrator (each called in this paragraph the administrator) must submit to the Authority —
within 3 months after the end of each financial year of the administrator —
if the administrator is a company — a copy of its financial statements, auditor’s report and statement of directors mentioned in section 201(16) of the Companies Act 1967;
if the administrator is a company that is exempt from audit requirements (within the meaning given by section 4(1) of the Companies Act 1967) — a copy of its audited financial statements and auditor’s report; or
if the administrator is a foreign company — a copy of its financial statements lodged with the Registrar of Companies under section 373 of the Companies Act 1967;
within 45 days after the end of each of the first 3 quarters of each financial year of the administrator —
a copy of its profit and loss accounts for the preceding quarter; and
a copy of its balance‑sheet for the preceding quarter; and
within 3 months after the end of each financial year of the administrator, a report on how the administrator has discharged its responsibilities under the Act during that financial year.
For the purposes of section 123S of the Act, an authorised benchmark administrator or exempt benchmark administrator (each called in this paragraph the administrator) must submit to the Authority, within 3 months after the end of each financial year of the administrator, a report that sets out —
findings on any non‑compliance by the administrator with its policies and procedures relating to its business of administering a designated benchmark or, if there is no such finding, that fact;
findings on any non‑compliance by the administrator with any provision of Part 6AA of the Act or, if there is no such finding, that fact;
findings on any non‑compliance by the administrator with any direction issued by the Authority under Part 6AA of the Act or, if there is no such finding, that fact; and
findings and recommendations on the internal controls of the administrator or, if there is no such finding or recommendation, that fact.
Subregulation 1
For the purposes of section 123S of the Act, an authorised benchmark administrator or exempt benchmark administrator (each called in this paragraph the administrator) must submit to the Authority —
within 3 months after the end of each financial year of the administrator —
if the administrator is a company — a copy of its financial statements, auditor’s report and statement of directors mentioned in section 201(16) of the Companies Act 1967;
if the administrator is a company that is exempt from audit requirements (within the meaning given by section 4(1) of the Companies Act 1967) — a copy of its audited financial statements and auditor’s report; or
if the administrator is a foreign company — a copy of its financial statements lodged with the Registrar of Companies under section 373 of the Companies Act 1967;
within 45 days after the end of each of the first 3 quarters of each financial year of the administrator —
a copy of its profit and loss accounts for the preceding quarter; and
a copy of its balance‑sheet for the preceding quarter; and
within 3 months after the end of each financial year of the administrator, a report on how the administrator has discharged its responsibilities under the Act during that financial year.
Subregulation 2
For the purposes of section 123S of the Act, an authorised benchmark administrator or exempt benchmark administrator (each called in this paragraph the administrator) must submit to the Authority, within 3 months after the end of each financial year of the administrator, a report that sets out —
findings on any non‑compliance by the administrator with its policies and procedures relating to its business of administering a designated benchmark or, if there is no such finding, that fact;
findings on any non‑compliance by the administrator with any provision of Part 6AA of the Act or, if there is no such finding, that fact;
findings on any non‑compliance by the administrator with any direction issued by the Authority under Part 6AA of the Act or, if there is no such finding, that fact; and
findings and recommendations on the internal controls of the administrator or, if there is no such finding or recommendation, that fact.