• Appointment of a compliance adviser

    • MKT 5.2.2

      The Regulator may require a Reporting Entity to:

      (1) appoint a compliance adviser; or
      (2) replace a compliance adviser al appointed.

    • MKT 5.2.3

      (1) A Reporting Entity required to appoint a compliance adviser must, prior to making the appointment:
      (a) take reasonable steps to ensure that the proposed compliance adviser has the required knowledge, experience, qualifications and resources to carry out its obligations under these Rules;
      (b) notify the Regulator of the proposed compliance adviser's name and business address; and
      (c) take reasonable steps to ensure that the proposed compliance adviser and its relevant Employees are independent and that any conflicts of interest are appropriately managed.
      (2) If requested by the Regulator, a Reporting Entity appointing a compliance adviser must provide the Regulator with such information as it may require including information regarding knowledge, experience, qualifications and resources of the compliance adviser.
      (3) A Reporting Entity must notify the Regulator if it becomes aware, or has reason to believe, that the compliance adviser or its relevant Employees have a conflict of interest which has not been appropriately managed.

    • MKT 5.2.4

      (1) The Regulator may, by written notice, require a Reporting Entity to appoint a compliance adviser for a specified period to assist the Reporting Entity in meeting its continuing obligations under the Markets Regulations and these Rules.
      (2) A Reporting Entity that is required to appoint a compliance adviser in accordance with the requirements in this section must ensure that a compliance adviser continues to fulfil the role of compliance adviser until such time as the Regulator advises the Reporting Entity in writing that a compliance adviser is no longer required.