Part VI Miscellaneous Matters

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Chapter 3 Disciplinary and Appeals Procedures, and Enforcement Powers of the Exchange

Part VI Miscellaneous Matters

Amended on 7 October 2015 7 October 2015.

Subject to this rule and the continuing disclosure obligations in Chapter 7, the parties to Disciplinary Committee proceedings or Appeals Committee proceedings, their representatives and their advisors shall at all times treat all matters and documents relating to the proceedings as confidential except:

(1) where all parties to the proceedings have given written consent;

(2) where a party is directed by a competent authority such as the Authority or the police;

(3) where a party is directed by a court of competent jurisdiction in Singapore;

(4) where a party is permitted or directed by the Disciplinary Committee or Appeals Committees;

(5) where the information is in the public domain; or

(6) where such disclosure is in connection with the publication by the Exchange of the decision of the Disciplinary Committee or the Appeals Committee.

Added on 7 October 2015 7 October 2015.

Irregularities

325

(1) No irregularities shall vitiate a decision of the Disciplinary Committee or Appeals Committee unless the irregularity has occasioned a failure of justice.

(2) Where an irregularity has occasioned a failure of justice in respect of a disciplinary proceeding, the Disciplinary Committee or Appeals Committee may either determine the charge accordingly, or direct that the Exchange re-initiate disciplinary proceeding.

(3) Where an irregularity has occasioned a failure of justice in respect of a decision of the Exchange, the Appeals Committee may either determine the appeal accordingly, or direct that the Exchange determine the issue afresh.

Added on 7 October 2015 7 October 2015.

Exclusion of liability

326

The Disciplinary Committee and Appeals Committee shall not be liable for performing their functions under this Chapter. This limitation of liability extends to any actions whether in contract or tort or otherwise, and even in the purported performance of a function in good faith.

Added on 7 October 2015 7 October 2015.

Composition sums, fines and costs and Compliance Fund

Amended on 7 February 2020 7 February 2020.

327

All composition sums, fines and costs payable to the Exchange shall be used for investor education and related expenses.

Added on 7 October 2015 7 October 2015.

328

The costs of the Disciplinary Committee, Appeals Committee and their supporting secretariat shall be funded by a SGX Compliance Fund comprising contributions from the Exchange. The monies in the SGX Compliance Fund shall be kept separate from all other property of the Exchange.

Added on 7 October 2015 7 October 2015.