Past version: Effective from 10 Dec 2018 to 02 Jun 2019
A Clearing Member shall notify CDP in writing upon or where practicable, pre-notify CDP of, the happening of all or any of the following events and supply full particulars thereof together with such further information as CDP may require:—
(1) when the Clearing Member, any of its directors, Approved Executive Director, officers, employees or agents has violated any provision of the SFA, the SFR, this Clearing Rules, Clearing Directives (where applicable) or relevant law or regulation which governs that Clearing Member's other business activities, or the rules of any exchange or clearing house of which the Clearing Member is a participant or member or otherwise engaged in conduct which is detrimental to the financial integrity, reputation or interests of CDP, or clearing facilities established or operated by CDP;
(2) when the Clearing Member, or any of its directors, Approved Executive Director, officers, employees or agents is investigated, arrested, charged, convicted, suspended or pleads guilty to any criminal offence involving fraud or dishonesty, whether in or out of Singapore;
(3) when the Clearing Member, any of its directors, Approved Executive Director, officers, employees or agents, is the subject of any written complaint involving an allegation of theft or misappropriation, or of forgery, or of any offence involving fraud or dishonesty, whether in or out of Singapore, and such complaint or allegation may have an impact, or in the case of a Bank Clearing Member, material impact, on the financial position on such Clearing Member or of the other Clearing Members;
(4) when any of its directors, Approved Executive Director, officers, employees or agents is the subject of any investigations, disciplinary proceeding or action taken by the Clearing Member involving suspension, termination, withholding of commissions, fines or any other significant limitation of activities;
(4A) when the Clearing Member, or any of its directors, Approved Executive Director, officers, employees or agents engages in conduct, that has the effect of circumventing the SFA, SFR, this Clearing Rules or Clearing Directives (where applicable), or which is inconsistent with the principles of good business practice;
(4B) when the Clearing Member is insolvent, or is engaged in bankruptcy or winding up proceedings;
(4C) when the Clearing Member is experiencing an emergency or potentially debilitating situation that threatens its operations (e.g. a cyber threat or terrorist attack);
(5) when there are any changes to its corporate or business name as registered with CDP;
(6) when there is any change that may have the effect of altering control in the Clearing Member;
(7) for any transaction that will result in a change in the legal or beneficial ownership of 20% or more of the Clearing Member's share capital, and any subsequent increase of 5% or more of the Clearing Member's share capital;
(8) when there is any change in the composition of its board of directors or of any director, or in the case of a Bank Clearing Member, any change in the composition of its board of directors or of any director, who are/is resident in Singapore and/or responsible for its business governed by this Clearing Rules, due to the appointment, removal or resignation of any of its directors. For the purpose of this Rule 3.8(8), a change of director includes a change in the director's appointment from a non-executive director to an executive director;
(9) when there is any change or amendment to its Memorandum or Articles of Association or constitutive documents except in the case of a Bank Clearing Member, notification will be furnished to CDP by such times that a Bank Clearing Member has to notify MAS under the Banking Act, or any regulation or directive issued thereunder;
(10) when there is any death or bankruptcy of any of its directors or in the case of a Bank Clearing Member, its directors who are resident in Singapore and/or responsible for its business governed by this Clearing Rules;
(11) when there is any engagement or involvement or proposed engagement or involvement in any new business or any change in any of the Clearing Member's business(es) or in the case of a Bank Clearing Member, its business governed by this Clearing Rules. For the purpose of this Rule 3.8(11), examples of such new business or change in business include, without limitation, market making and securities financing activities;
(12) when there is any change in the Clearing Member's senior management, or in the case of a Bank Clearing Member, its senior management responsible for the Bank Clearing Member's business governed by this Clearing Rules; and
(13) when there is any breach of directors' duties.
Amended on 3 April 20083 April 2008, 1 July 20081 July 2008 and 10 December 201810 December 2018.