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MAE-2.7.1

The obligation to maintain confidentiality shall not apply to the disclosure of userG information by a licensed exchangeG or licensed market operatorG , or its officers or employees for the following purposes or in the following circumstances:

(a) The disclosure of userG information is necessary for the making of a complaint or report under any law for an offence alleged or suspected to have been committed under such law;
(b) The disclosure of userG information is permitted for such purpose specified in writing by the userG or, where the userG is deceased, by his appointed personal representative;
(c) The disclosure of userG information is necessary for the execution by the licensed exchangeG or licensed market operatorG of a transaction in any securitiesG or futures contracts or clearing or settlement of a transaction and such disclosure is made only to another userG which is:
(i) A party to the transaction; or
(ii) A memberG of a licensed exchangeG or licensed market operatorG , or a designated clearing houseG through which that transaction is executed, cleared or settled;
(d) The disclosure of userG information is necessary:
(i) In any disciplinary proceedings of the licensed exchangeG or licensed market operatorG , provided that reasonable steps are taken to ensure that userG information disclosed to any third personG is used strictly for the purpose for which the userG information is disclosed; or
(ii) For the publication, in any form or manner, of the disciplinary proceedings and the outcome thereof;
(e) The userG information disclosed is already in the public domain;
(f) The disclosure of userG information is made in connection with:
(i) The outsourcing or proposed outsourcing of any function of the licensed exchangeG or licensed market operatorG to a third party;
(ii) The engagement or potential engagement of a third party by the licensed exchangeG or licensed market operatorG to create, install or maintain systems of the licensed exchangeG or licensed market operatorG ; or
(iii) The appointment or engagement of an auditor, a lawyer, a consultant or other professional by the licensed exchangeG or licensed market operatorG under a contract for service;
(g) The disclosure of userG information is necessary in:
(i) An application for a grant of probate or letters of administration or the resealing thereof in relation to the estate of a deceased userG ; or
(ii) The administration of the estate of a deceased userG , including such disclosure as may be required for this purpose by the relevant authority; or
(h) The disclosure of userG information is made in connection with:
(i) In the case where the userG is an individual, the bankruptcy of a userG ; or
(ii) In the case where the userG is a body corporate, the winding up or receivership of a userG .
Amended: April 2013
 Versions
(2 Versions)
 
Oct 1 2008 - Mar 31 2013Apr 1 2013 onwards
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