NEW ZEALAND GAZETTE, No. 20 23 FEBRUARY 2012

(b) at all reasonable times, on a website operated by or for the Company.

(2) The Company must notify Financial Markets Authority of any proposed amendments to the Regulations, where reasonably practical having regard to emergency situations, not less than 14 days before such amendments are effected.

(3) The Company must notify Financial Markets Authority if it seeks to transfer or assign any of its rights, entitlements, or obligations under the Regulations to any person, where reasonably practical having regard to emergency situations, not less than 14 days before such transfer or assignment becomes effective.

5. Conditions relating to the authorisation of NZ Members

(1) The Company must not, whether through the Regulations or through any other means, approve any person to carry on the business of dealing in futures contracts in New Zealand.

(2) The Company must require NZ Members to be authorised to carry on the business of dealing in futures contracts under Part 3 of the Act, unless that NZ Member is only dealing on its own account and the terms and conditions of that NZ Member’s participation in the Market restrict that NZ Member from dealing on behalf of others.

(3) The Company must require NZ Members to notify the Company immediately if that Member’s authorisation to carry on the business of dealing in futures contracts under Part 3 of the Act is revoked.

6. Conditions relating to clearing arrangements

(1) Clearing and settlement arrangements for transactions effected through the Market must be those provided by the Clearing House.

(2) The Company must notify Financial Markets Authority of any proposed amendments to the rules and procedures of the Clearing House, where reasonably practical having regard to emergency situations, not less than 14 days before such amendments are effected.

7. Conditions relating to reporting obligations

(1) The Company must give Financial Markets Authority the following information:

(a) The current name and business address in New Zealand of each NZ Member; and

(b) the name of the Clearing House clearing member used by each NZ Member to clear the trades of that NZ Member; and

(c) details of any written complaint received by the Company during the reporting period concerning a NZ Member or that NZ Member’s directors or other personnel where such complaint has not been resolved to the satisfaction of the complainant; and

(d) any information that the United Kingdom Financial Services Authority has obtained from the Company during the reporting period in relation to a NZ Member or in relation to the Company’s operation of the Market, except for information which the Company is not permitted to disclose under the Financial Services and Markets Act 2000 (United Kingdom) or the Proceeds of Crime Act 2002 (United Kingdom).

(2) The Company must give Financial Markets Authority the information under clause 7(1) within 30 days of the end of each reporting period. For the purposes of this clause 7, the reporting period is each six-month period ending on 30 June or 31 December.

(3) The Company must notify Financial Markets Authority if the Company:

(a) takes any disciplinary action for a contravention of the Regulations against any NZ Member; or

(b) knows or suspects that a NZ Member has committed, is committing, or is likely to commit a significant contravention of:

(i) the Regulations; or

(ii) the rules and procedures of the Clearing House, if applicable; or

(iii) the Act, the Securities Act 1978, any enactment made under either of those Acts, or any enactment which replaces either of those Acts; or

(iv) any enactment effective in the Company’s place of incorporation which the NZ Member must comply with because of its participation in the Market.

(4) The Company must give the notice under clause 7(3) immediately after taking the disciplinary action, or knowing or suspecting the person has committed, is committing, or is likely to commit the significant contravention.

(5) Any notice given by the Company under clause 7(3) must include:

(a) the person’s name and contact details; and

(b) if it relates to a disciplinary action, the grounds for, nature of, and reasons for the action taken; and

(c) if it relates to a known or suspected contravention, the facts supporting the Company’s view and to which obligation the known or suspected contravention relates; and

(d) any other information reasonably required by Financial Markets Authority in order to carry out its functions.

(6) The Company must, if requested to do so in writing by Financial Markets Authority:

(a) give to Financial Markets Authority (or any person authorised by Financial Markets Authority) all information, documentation, assistance, and access to the Company’s facilities; and

(b) answer any question asked by Financial Markets Authority (or any person authorised by Financial Markets Authority), that are necessary or desirable to enable Financial Markets Authority to fulfil its functions.

(7) The Company must notify Financial Markets Authority as soon as practical if:

(a) the Company’s licence to operate a derivatives market in the Company’s place of incorporation is varied or revoked; or

(b) any statutory requirement applying to the company as a result of, or in connection with, its operation of a derivative market is amended in a manner which materially alters an obligation or requirement imposed on the Company.

(8) Subject to any restrictions imposed by the Financial Services and Markets Act 2000 (United Kingdom) or the Proceeds of Crime Act 2002 (United Kingdom), the Company must immediately notify Financial Markets Authority if:

(a) the Company becomes aware that the Company, or any of the Company’s directors or senior management personnel, is subject to investigation by any regulatory or law enforcement agency; or

(b) the Company, or any of the Company’s directors or senior management personnel, is subject to any adverse finding by any Court, tribunal, regulatory authority, or disciplinary committee; or

(c) the Company becomes aware that the Clearing House, or any of its directors or senior management.