11.5.1
CDP may initiate disciplinary proceedings and charge a Clearing Member before the Disciplinary Committee if CDP is of the opinion that the Clearing Member has committed any of the following:—
Amended on 3 June 20193 June 2019.
11.5.1A
The Disciplinary Committee shall, as a tribunal of first instance, hear and determine charges brought by CDP against a Clearing Member pursuant to Rule 11.5.1. 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 11.5.1.
Added on 3 June 20193 June 2019.
11.5.2
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, the Clearing Rules or any Clearing Directives.
11.5.3
A former Clearing Member is bound by these Clearing Rules in respect of acts occurring before the registration ended or before expulsion. CDP and the Disciplinary Committee retain their respective jurisdiction, notwithstanding the ending of registration or expulsion.
11.5.4
The powers of the Disciplinary Committee include:—
Amended on 1 July 20081 July 2008 and 3 June 20193 June 2019.
11.5.6
A failure to comply with any sanction imposed by the Disciplinary Committee constitutes a breach of these Rules.
Added on 3 June 20193 June 2019.
11.5.5
Mandatory Minimum Penalties to be Imposed by Disciplinary Committee for certain Rule violations.
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.
11.5.6
A failure to comply with any sanction imposed by the Disciplinary Committee constitutes a breach of these Rules.
Added on 3 June 20193 June 2019.