3.3.28 Certification by Auditor

Past version: Effective up to 31 Mar 2014

The following requirements apply in relation to auditor certification of a Member's accounts:

(a) a Member shall be required to furnish to the Exchange, within five (5) months of the end of its financial year or within such longer period as may be permitted in writing by the Exchange, the relevant forms which the Member is required to lodge under the Act or, in the case of a Bank Trading Member, under Rule 3.3.27 and the accounts duly audited by an external auditor in the jurisdiction in which that Member is incorporated or registered;
(b) the external auditor shall certify whether, in its opinion:
(i) the Member has complied with the capital and financial requirements set out in the Act and this Rules;
(ii) the Member's books of accounts and records are those usual in a business of that nature and appear to have been kept in a proper manner in accordance with the Act and this Rules;
(iii) the financial position of the Member is such as to enable it to conduct its business or, in the case of a Bank Trading Member, its Business Governed by this Rules on sound grounds, having regard to the nature and volume of the business transacted during its past financial year as shown by its books of accounts and records; and
(iv) the external auditor has obtained all the necessary information and explanations for the proper conduct of the audit and to enable it to furnish the certificate.

Amended on 25 August 200925 August 2009.