Personal Account Transactions
BC-2.10.4
Investment firm licensees must establish and maintain adequate policies and procedures, to ensure that:(a) An employee does not undertake apersonal account transaction unless:(i) Theinvestment firm licensee has, in a written notice, drawn to the attention of the employee the conditions upon which the employee may undertake personal account transactions and that the contents of such a notice are made a term of his contract of employment or services;(ii) Theinvestment firm licensee has given its written permission to that employee for that transaction or to transactions generally infinancial instruments of that kind; and(iii) The transaction will not conflict with theinvestment firm licensee's duties to itsclients ;(b) It receives prompt notification or is otherwise aware of each employee'spersonal account transactions ; and(c) If an employee'spersonal account transactions are conducted with theinvestment firm licensee , each employee's account must be clearly identified and distinguishable from otherclients' accounts.Amended: January 2007BC-2.10.5
The written notice in sub-Paragraph BC-2.10.4(a)(i) must make it explicit that, if an employee is prohibited from undertaking a
personal account transaction , he must not, except in the proper course of his employment:(a) Procure another person to enter into such a transaction; or(b) Communicate any information or opinion to another person if he knows, or ought to know, that the person will as a result, enter into such a transaction or procure some other person to do so.Amended: January 2007BC-2.10.6
Where an
investment firm licensee has taken reasonable steps to determine that an employee will not be involved to any material extent in, or have access to information about, theinvestment firm licensee's investment business, then the conditions or restrictions onpersonal account transactions , in Rule BC-2.10.4, need not be applied to that employee.BC-2.10.7
Investment firm licensees must establish and maintain procedures and controls so as to ensure that aninvestment analyst does not undertake apersonal account transaction in afinancial instrument if theinvestment analyst is preparing investment research:(a) On that investment or its issuer; or(b) On a related investment, or its issuer;until the
investment research is published or made available to theinvestment firm licensee's clients .Amended: January 2007