The following requirements apply in relation to material changes to the Base Capital requirements specified in Rule 2.5.2(b1):
(a) a General Trading Member that holds a licence specified in Rule 2.4.1(b) shall immediately notify the Exchange if it fails to meet or becomes aware that it will fail to meet the Base Capital requirements referred to in Rule 2.5.2(b1), or such higher Base Capital requirements as the Exchange may have imposed under Rule 2.5.4; and
(b) if the Exchange is notified by a General Trading Member that holds a licence specified in Rule 2.4.1(b) under this Rule or otherwise becomes aware that such General Trading Member has failed to meet the Base Capital requirements referred to in Rule 2.5.2(b1), or such higher Base Capital requirements as the Exchange may have imposed under Rule 2.5.4, the Exchange may refer the matter to the Disciplinary Committee, and may take such interim control measures, including but not limited to all or any of the following, as the Exchange deems fit and appropriate:—
(1) require the General Trading Member to operate its business activities on the Exchange subject to such restrictions or conditions as the Exchange decides;
(2) suspend the General Trading Member's business activities on the Exchange for a period the Exchange decides. The suspension may be announced to all General Trading Members. During the suspension, the General Trading Member:—
(a) must not enter into a new transaction without the approval of the Exchange;
(b) remains liable to settle all contracts outstanding at the time of suspension. However, it must not settle any transaction without the approval of the Exchange.
(3) require a Director to step down from day-to-day conduct of the business affairs of the General Trading Member on the Exchange; or
(4) appoint a person or persons (which may include a firm of auditors) as Manager to manage the business of the General Trading Member on the Exchange. The Exchange will fix the remuneration of the Manager, which must be paid by the General Trading Member. The General Trading Member is solely responsible for the Manager's acts and defaults. The Manager must carry out directions given by the Exchange in relation to the business of the General Trading Member, including carrying on the business of the General Trading Member in accordance with instructions.
Added on 1 April 20141 April 2014 and amended on 22 April 201922 April 2019.