Exchange Business Conduct Rules




22 DECEMBER NEW ZEALAND GAZETTE 4629

25.3 The Business Conduct Committee will consider in accordance with Rule 49 any complaint made in writing against a Dealer by a client provided that:

(a) the complaint relates to Business in the conduct of which the Dealer is subject to these Rules; and

(b) the Dealer has been given an opportunity, where appropriate, by the complainant to investigate the substance of the complaint.

25.4 The Business Conduct Committee may from time to time prescribe a minimum fee which must be lodged with the Committee with a complaint. Such fee may be refunded at the discretion of the Business Conduct Committee.

  1. CONDUCT OF CONNECTED OR ASSOCIATED PERSONS

26.1 Where the operation of the Exchange is, in the opinion of the Company or the Business Conduct Committee, being prejudicially affected by the conduct of any person not associated with the Exchange and any Dealer is associated or connected with that person, the Business Conduct Committee shall upon reference of the matter to it by the Company, or of its own volition, as the case may be, consider the matter in accordance with Rule 49.

26.2 If the Business Conduct Committee, after considering the matter, finds the opinion of the Company or the Committee, as the case may be, to be substantiated, it may call upon the Dealer concerned to cause the conduct under consideration to cease, failing which it may suspend the trading rights of the Dealer until the conduct has ceased but any such suspension shall be without prejudice to any other action which may be taken by the Committee under these Rules.

26.3 For the purposes of Rule 26.1 but without limiting the generality of that Rule or the provisions of Rule 3.2:

(a) where a Dealer has control of a person, or a person has control of a Dealer, the Dealer shall be deemed to be associated or connected with that person;

(b) a Dealer is deemed to be associated or connected with another person who is:

    (i) an officer or employee of the Dealer;

    (ii) an entity controlled by an officer or employee of the Dealer; or

    (iii) an entity controlled by any person with whom the Dealer is deemed to be associated or connected by virtue of Rule 26.3(a).
  1. RESIGNATION

27.1 Subject to Rule 27.2 a Dealer may resign as a Dealer by giving to the Business Conduct Committee not less than thirty days’ notice in writing of its intention to do so, which in the case of a partnership must be given by a majority of the partners. Notice of the Dealer’s intended resignation may be sent by the Business Conduct Committee to such other Dealers, if any, as in the circumstances the Committee thinks fit.

27.2 The resignation of a Dealer shall not be effective unless and until it is accepted by the Business Conduct Committee in writing.

27.3 The Business Conduct Committee may, where it has reasonable grounds for doing so, by notice in writing to a Dealer, refuse to accept a resignation if:

(a) any matter affecting the Dealer is being investigated or, in the opinion of the Committee, should be investigated as a preliminary to a decision on the question whether or not the trading rights of the Dealer should be terminated or the Dealer should be otherwise disciplined; or

(b) the Committee considers that it is desirable that a suspension of trading rights should be imposed upon the Dealer or that any suspension already imposed should continue in force; or

(c) any obligation of the Dealer under these Rules remains outstanding.

27.4 Where notice is given by the Business Conduct Committee under Rule 27.3 it shall as soon as practicable take all reasonable steps to complete its investigation of, or to investigate, as the case may be, the matter which gave rise to the notice.

27.5 Without prejudice to any action which the Business Conduct Committee may thereafter take in respect of the Dealer in accordance with these Rules, and subject always to the provisions of Rule 27.6, if the Business Conduct Committee does not accept the resignation of a Dealer which has given notice under Rule 27.1, the resignation shall take effect from such date as is subsequently notified in writing by the Business Conduct Committee to the Dealer.

27.6 Notwithstanding acceptance by the Business Conduct Committee of a Dealer’s resignation, the Dealer shall continue to be subject to the jurisdiction of the Committee for a period of one year thereafter:

(a) in respect of its acts and omissions under the Rules committed before the acceptance; and

(b) in respect of any proceedings instituted against the Dealer before the acceptance or, in respect of such acts and omissions, after the acceptance.

SECTION 6 — BUSINESS CONDUCT — EXCHANGE BROKERS

  1. GENERAL

28.1 An Exchange Broker shall establish and maintain compliance procedures which are sufficient to ensure that in all dealings with or on behalf of clients, each employee of the Exchange Broker understands, and may reasonably be expected to comply with, these Rules and the requirements of all laws and regulations which are applicable to the Exchange Broker.

28.2 An Introducing Broker shall not accept or hold any money or property on behalf of clients, and prior to accepting a client shall advise the client in writing of this prohibition. An Introducing Broker may accept from a client a crossed cheque marked ‘not negotiable account payee only’ made payable to the client bank account of the Public Broker to which it has introduced the client provided such cheque is either delivered to that Public Broker or paid to the credit of a nominated account in respect of which that Public Broker is the sole signatory.

28.3 An Introducing Broker shall not introduce any client to a Public Broker unless the Introducing Broker has in force with that Public Broker an agreement which includes, as a minimum, the provisions contained in the form set out in Schedule 3 of these Rules. An Introducing Broker may enter into such an agreement with any one or more Public Brokers.

28.4 An Introducing Broker shall:

(a) cause each client to give to the Public Broker appointed by the Introducing Broker as the Public Broker in respect of that client a Client Acknowledgment; and

(b) place all orders on behalf of that client with that Public Broker.

28.5 A Public Broker and an Introducing Broker shall each notify the Business Conduct Committee of:

(a) the existence of any agreement entered into by them pursuant to Rule 28.3;


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🏭 New Zealand Futures & Options Exchange Rules 1992 (continued from previous page)

🏭 Trade, Customs & Industry
Rules, Futures & Options Exchange, Trading, Dealers, Brokers, Arbitration, Committees, Business Conduct, Resignation, Compliance