Securities and Futures (Clearing Facilities) Regulations 2005
Table of Contents
Enacting Formula
Part I PRELIMINARY
1 Citation and commencement
2 Definitions
3 Forms
4 Fees
5 Keeping of books and other information
Part II ESTABLISHMENT AND OPERATION OF CLEARING FACILITES
6 Notification requirements
7 Obligation to submit periodic reports
8 Exemption from sections 49, 50 and 51 of Act
Part III REGULATION OF DESIGNATED CLEARING HOUSES
Division 1 Obligations and matters relating to designated clearing houses
9 Obligation to notify Authority of certain matters
10 Obligation to seek Authority’s approval
11 Obligation to submit periodic reports
12 Exceptions to obligation to maintain confidentiality
13 Business continuity plan
14 Transmission and storage of user information
15 Determination of position limits
16 Regulation of clearing fees of certain designated clearing houses
Division 2 Customers’ money and other assets
17 Application of this Division
18 Permissible investments of customers’ money by designated clearing house
19 Daily computation of customers’ money and assets
20 Verification of money and assets placed with designated clearing house
Division 3 Rules of designated clearing houses
21 Content of rules of designated clearing houses
22 Amendment of business rules
Division 4 Matters requiring approval of Authority
23 Application and criteria for approval to acquire substantial shareholding
24 Application for approval of chairman, chief executive officer, director and key persons
25 Criteria for approval of chairman, chief executive officer, director and key persons
Division 5 Insolvency provisions
26 Application of Division 4 of Part III of Act
Part IV MISCELLANEOUS
27 Criteria to determine failure to discharge duties or functions by officers
28 Offences
Part V EXTRA-TERRITORIAL APPLICATION OF PART III OF ACT
29 Non-applicability of section 339 (2) of Act
Part VI REVOCATION
30 Revocation
FIRST SCHEDULE Fees
SECOND SCHEDULE Regulation of Clearing Fees