2.13.11. Obligation to report to the AFSA

(1) A Digital Asset Trading Facility Operator must submit to the AFSA a quarterly report that should include its financial statement, its income statement, a calculation of its relevant capital resources and a statement of its compliance and any non-compliance with these Rules.

(2) A Digital Asset Trading Facility Operator must provide the following information to the AFSA within 6 months after financial year end:

(a) the number of prospective clients which the Digital Asset Trading Facility Operator rejected during the reporting period;

(b) the number of Clients which were offboarded during the reporting period;

(c) the number of Clients where enhanced due diligence was applied;

(d) the total number of the Digital Asset Trading Facility Operator’s Clients;

(e) the number of Clients originating from a high risk jurisdiction;

(f) the number of Clients on-boarded on a face-to-face basis;

(g) a description of any changes to the Client onboarding process;

(h) the number of suspicious transaction reports filed during the reporting period;

(i) the number of individuals supporting the MLRO;

(j) when the Digital Asset Trading Facility Operator’s risk assessment was last updated and if there were any additional risks;

(j) (if applicable) the number of private keys held;

(k) (if applicable) whether Client’s Digital Assets are held with a third party custodian;

(l) whether the Digital Asset Trading Facility Operator forms part of a Group, and if so, the Group structure;

(m) whether the Digital Asset Trading Facility Operator entered into any resource sharing agreements and, if so, the names of the counterparty/company;

(n) whether the Digital Asset Trading Facility Operator outsources any of its functions and, if so, any changes to the functions outsourced and to which companies;

(o) an overview of any involvement of the Digital Asset Trading Facility Operator’s shareholders in the day-to-day operations of the Digital Asset Trading Facility Operator during the reporting period; and

(p) an overview of any instances of market abuse encountered by the Digital Asset Trading Facility Operator during the reporting period.

(3) The AFSA may request a Digital Asset Trading Facility to submit other returns. The AFSA from time to time may prescribe the required list of returns to be submitted and the returns templates to be used.

(4) Returns submitted to the AFSA must be signed by two (2) Approved Individuals and one of them must be approved to exercise the Finance Officer function.