Entire Act

5.1. General requirements

5.1.1. Requirement to maintain systems and controls

An Authorised Person must establish and maintain systems and controls, including but not limited to financial and risk systems and controls that ensure that its affairs are managed effectively and responsibly by its senior management.

5.1.2. Review of systems and controls

An Authorised Person must undertake regular reviews of its systems and controls.

5.1.3. Business plan and strategy

(1) An Authorised Person must produce a business plan which enables it, amongst other things, to manage the risks to which it and its Clients are exposed.

(2) The business plan must take into account the Authorised Person's current business activities and the business activities forecast for the next twelve months.

(3) The business plan must be documented and updated as appropriate to take account of changes in the business environment and to reflect changes in and the complexities of the business of the Authorised Person.

5.1.4. Prevention of market abuse, financial crime and other illegal conduct

An Authorised Person must establish and maintain systems and controls that ensure, as far as reasonably practical, that the Authorised Person and its Employees do not engage in conduct, or facilitate others to engage in conduct, which may constitute:

  • (a) Market Abuse, wherever committed;
  • (b) a Financial Crime under any applicable laws; or
  • (c) a contravention of applicable Regulations or Rules.