Particular record keeping requirements for providing securities margin financing or other financial accommodation and entering into margined transactions
Version Date:
01/04/2003
(1) This section applies to the following intermediaries-
(a) a licensed corporation licensed for securities margin financing;
(b) an intermediary which provides to its clients financial accommodation other than securities margin financing; and
(c) an intermediary which enters into margined transactions.
(2) For the purposes of section 3(2)(b), an intermediary to which this section applies shall, in relation to its activities as referred to in subsection (1), keep, where applicable, such records as are sufficient to show-
(a) its margin policy and lending policy;
(b) all securities and client collateral deposited with another person under an arrangement that confers on it a collateral interest in the securities or client collateral;
(c) with whom and on whose behalf the securities or client collateral referred to in paragraph (b) are deposited, showing separately the quantity and market value of-
(i) securities deposited for safe custody; and
(ii) securities and client collateral deposited as security for, or to facilitate, the provision by it of securities margin financing or other financial accommodation (as the case may be), or the entering into by it of margined transactions; and
(d) particulars of clients to whom it provides securities margin financing or other financial accommodation (as the case may be) or with whom or on whose behalf it enters into margined transactions, including particulars in respect of each client showing-
(i) the market value and margin value of each description of securities collateral deposited with it;
(ii) the aggregate of the market values of such securities collateral;
(iii) the aggregate of the margin values of such securities collateral; and
(iv) details of margin calls made.