3.3.28 Certification by Auditor

Past version: Effective from 01 Apr 2014 to 21 Apr 2019

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

(a) a Member shall be required to furnish financial information duly audited by an external auditor in the jurisdiction in which that Member is incorporated or registered 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 Member shall submit the information in the following forms:
(i) in the case of a General Trading Member, the relevant forms which it is required to lodge with its Relevant Regulatory Authority, translated into English, and such other forms as prescribed by the Exchange under Rule 3.3.27; and
(ii) in the case of a Bank Trading Member,as prescribed by the Exchange under Rule 3.3.27;
(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 or the relevant applicable laws and regulatory requirements relating to the regulation of markets and licenced entities, 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 relevant applicable laws and regulatory requirements relating to the regulation of markets and licenced entities or 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 and 1 April 20141 April 2014.