Securities and Futures (Clearing Facilities) Regulations 2013
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 APPROVAL AS APPROVED CLEARING HOUSE AND RECOGNITION AS RECOGNISED CLEARING HOUSE
6 Application for approval or recognition
7 Minimum requirements for approval or recognition
8 Criteria for deciding whether applicant should be approved as approved clearing house or recognised as recognised clearing house
9 Application for change in status
10 Cancellation of approval or recognition
Part III REGULATION OF APPROVED CLEARING HOUSES
Division 1 — Obligations and Matters relating to Approved Clearing Houses
11 Obligation to notify Authority of certain matters
12 Obligation to seek Authority’s approval
13 Obligation of members with respect to money or assets received from customers
14 Obligation to submit periodic reports
15 Exceptions to obligation to maintain confidentiality
16 Business continuity plan
17 Recovery and resolution plan
18 Provision of information
19 Transmission and storage of user information
20 (Deleted)
21 Regulation of clearing fees of specified approved clearing houses
Division 2 — Customers’ Money and Other Assets
22 Application of this Division
23 Segregation of customers’ money held by approved clearing house
24 Permissible use of customers’ money and assets by approved clearing house
25 Permissible investment of customers’ money by approved clearing house
26 Daily computation of customers’ money and assets
27 Verification of money and assets placed with approved clearing house
28 Reconciliation of money and assets placed with approved clearing house
Division 3 — Business Rules of Approved Clearing Houses
29 Content of business rules of approved clearing house
30 Amendment of business rules
Division 4 — Matters requiring Approval of Authority
31 Application and criteria for approval to acquire substantial shareholding
32 Application for approval of chairman, chief executive officer, director and key persons
33 Criteria for approval of chairman, chief executive officer, director and key persons
Part IV REGULATION OF RECOGNISED CLEARING HOUSES
Division 1 — Obligations and Matters relating to Recognised Clearing Houses
34 Obligation to notify Authority of certain matters
35 Obligation of members with respect to money or assets received from customers
36 Obligation to submit periodic reports
37 Exceptions to obligation to maintain confidentiality
38 Business continuity plan
39 Provision of information
40 Transmission and storage of user information
41 Supervision of participants
42 Regulation of clearing fees of specified recognised clearing houses
43 Application of this Division
44 Segregation of customers’ money held by recognised clearing house
45 Permissible use of customers’ money and assets by recognised clearing house
46 Permissible investment of customers’ money by recognised clearing house
47 Daily computation of customers’ money and assets
48 Verification of money and assets placed with recognised clearing house
49 Reconciliation of money and assets placed with recognised clearing house
Part V INSOLVENCY
50 Application of Division 4 of Part III of Act
Part VI MISCELLANEOUS
51 Criteria for determining whether officer failed to discharge duties or functions
52 Offences
53 Non-applicability of section 339(2) of Act
54 Revocation