4.03A.1
The Clearing House may initiate disciplinary proceedings and charge a Clearing Member before the Disciplinary Committee if the Clearing House is of the opinion that the Clearing Member has committed any of the following: —
Added on 27 March 200627 March 2006 and amended on 31 December 201331 December 2013 and 3 June 20193 June 2019.
4.03A.1A
The Disciplinary Committee shall, as a tribunal of first instance hear and determine charges brought by the Clearing House against a Clearing Member pursuant to Rule 4.03A.1. The Disciplinary Committee may exercise its powers against a Clearing Member if it is satisfied, on a balance of probabilities, that the Clearing Member has committed any of the matters set out in Rule 4.03A.1.
Added on 3 June 20193 June 2019.
4.03A.2
The Disciplinary Committee may exercise its powers against a Clearing Member if a director, officer, employee or agent breaches, or causes the Clearing Member to breach this Rules.
Added on 27 March 200627 March 2006.
4.03A.3
A former Clearing Member, is bound by this Rules in respect of acts or omissions occurring before expulsion. The Clearing House and the Disciplinary Committee retain their respective jurisdiction notwithstanding expulsion.
Added on 27 March 200627 March 2006.
4.03A.4
The powers of the Disciplinary Committee include:—
Added on 27 March 200627 March 2006 and amended on 10 August 200710 August 2007, 22 February 201022 February 2010 and 3 June 20193 June 2019.
4.03A.5
Where a mandatory minimum penalty has been stipulated for a particular Rule violation in the seventh column of Schedule A, the Disciplinary Committee:
Added on 16 May 201116 May 2011 and amended on 3 June 20193 June 2019.
4.03A.6
A failure to comply with any sanction imposed by the Disciplinary Committee constitutes a breach of this Rules.
Added on 3 June 20193 June 2019.