• MIE-1.3 MIE-1.3 Information from Self-Regulatory Organizations (SROs)

    • MIE-1.3.1

      Without prejudice to the generality of rule MIE-1.2.4 and apart from using reports, notifications, communications, information, records, data and documents and explanations already provided to the CBB by the licensed exchanges, licensed market operators and licensed clearing houses, and central depositories, the CBB may also use methods of obtaining information mentioned in paragraph MIE-1.3.2, in addition to the usual methods of obtaining information from licensees.

    • MIE-1.3.2

      The methods of obtaining information referred to in paragraph MIE-1.3.1, which may be used by the CBB, may include but not be limited to:

      (a) Online connectivity
      The CBB may require the licensed exchanges, licensed market operators, licensed clearing houses and central depositories to establish and maintain online connectivity with the CBB for the purpose of receiving on a continuous basis, as well as on a periodical basis (including real-time, intra-day, daily, weekly, monthly, quarterly and/or annually), such market transaction information, market referential information and any other data or information. For this purpose, the CBB may require a direct online connectivity to the trading system, clearing and settlement facilities and depository facilities. The CBB may collect, validate, transform, consolidate and load such information and other information received from various sources for the purpose of market surveillance, research and regulatory analysis into the CBB's systems and records.
      (b) Periodic and Emergency Meetings
      The CBB may conduct periodic meetings and emergency meetings with the licensed exchanges, market operators, licensed clearing houses and central depositories. The CBB may obtain information, reports, documents and data during or pursuant to such periodical or emergency meetings, and use the same for to satisfy the supervisory objectives of the CBB.
      (c) Periodic and Event Based Reports (Electronic Form or Physical Form)
      The CBB may stipulate periodic and event-based reports in addition to other reporting requirements applicable to licensed exchanges, market operators, licensed clearing houses and central depositories under the MAE Module and CSD Module respectively; and other rules and regulations. The CBB requires these reports either in electronic form or in physical form.
      (d) Inspection
      The CBB may conduct an inspection under the MAE Module or CSD Module, either an overall inspection or a special purpose inspection of a licensed exchange or market operator, or licensed clearing house or central depository, and use the information, data, reports, records and documents obtained through such inspection for the purpose of the CBB's market surveillance, investigation and enforcement functions.
      (e) Information Provided to Public Investors
      The CBB may also use the information made available by licensed exchanges, market operators, licensed clearing houses or central depositories to the public investors.
      (f) Referrals from SROs
      If a licensed exchange, market operator, licensed clearing house or central depository (SRO) discovers any conduct in violation or contravention of the CBB Law, rules and regulations, business rules of such SRO, or any other applicable laws, rules and regulations, the concerned SRO shall, apart from taking action based on its own findings and investigations on the matter, refer the potential contraventions to the CBB. Such referrals shall contain or be followed by a detailed investigation report on the matter and the evidence obtained by the SRO.
      (g) Investigation Report
      The CBB may require a licensed exchange, market operator, licensed clearing house or central depository to conduct an investigation on any matter considered appropriate by the CBB for the purpose of the CBB's market surveillance, investigation and enforcement functions, and to submit a detailed investigation report on the matter required by the CBB to be investigated, along with the evidence collected during the investigation, for the findings and conclusions of such investigation.
      (h) Formal Request for Information
      As part of the CBB’s ongoing supervision, the CBB may, by direction, specifically request information or temporary or ad-hoc reporting from a licensee under Article 111 of the CBB Law, or from persons related to any licensee under Article 113 of the CBB Law, and the recipients of such request are bound to provide the information requested within the time specified by the CBB.
      Amended: July 2021