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  • ICO-B ICO-B Scope of Application

    • ICO-B.1 Scope

      This Module shall apply to:

      (a) Mutual assistance and exchange of information with signatories of the International Organization of Securities Commissions (IOSCO) Multilateral Memorandum of Understanding Concerning Consultation and Cooperation and the Exchange of Information (MMOU);
      (b) Mutual assistance and exchange of information pursuant to other multilateral or bilateral arrangements;
      (c) Mutual assistance and exchange of information with any overseas authority on a reciprocal basis based on a bilateral agreement or otherwise; and
      (d) Unsolicited assistance.
      Adopted February 2009

    • ICO-B.2 ICO-B.2 Definitions

      • ICO-B.2.1

        For the purpose of this Module, the following terms shall, unless the context determines otherwise, have the meanings assigned hereunder:

        Adopted February 2009

      • ICO-B.2.2

        "Foreign or Overseas Authority" means:

        (a) The authority involved in the regulation of the financial service markets in another country; or
        (b) Any foreign central bank or body with the authority of issuing money or responsible for supervising payment systems, clearances, or cheques and financial papers settlement.
        Adopted February 2009

      • ICO-B.2.4

        "IOSCO MMOU" means the International Organization of Securities Commissions Multilateral Memorandum of Understanding Concerning Consultation and Cooperation and the Exchange of Information.

        Adopted February 2009

      • ICO-B.2.5

        "Laws and Regulations" means the provisions of the laws of the jurisdictions of the overseas authorities, the regulations promulgated thereunder, and the other regulatory requirements that fall within the competence of the overseas authorities, concerning the following:

        (a) Insider dealing, market manipulation, misrepresentation of material information and other fraudulent or manipulative practices relating to securities and derivatives, including solicitation practices, handling of investor funds and customer orders;
        (b) The registration, issuance, offer, or sale of securities and derivatives, and reporting requirements related thereto;
        (c) Market intermediaries, including investment and trading advisers who are required to be licenced or registered, collective investment schemes, brokers, dealers, and transfer agents; and
        (d) Markets, exchanges, and clearing and settlement entities.
        Adopted February 2009

      • ICO-B.2.7

        "Persons" means a natural or legal person, or unincorporated entity or association, including corporations and partnerships.

        Adopted February 2009