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Securities Industry Act - The Bahamas Laws On-Line - The ...

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SECURITIES INDUSTRY [CH.363 – 31<br />

promulgated by <strong>The</strong> <strong>Bahamas</strong> Institute of<br />

Chartered Accountants or the International<br />

Federation of Accountants; and<br />

(b) a report on whether or not the business of the<br />

broker-dealer has been conducted in accordance<br />

with the provisions of this <strong>Act</strong> and the regulations<br />

and rules prescribed thereunder relating to<br />

the record keeping, reserve requirements, filing<br />

requirements, segregation of customers’ funds<br />

and the financial affairs of broker-dealers.<br />

(4) Where the report of the auditor required by<br />

subsection (3)(a) is qualified in any respect or the report<br />

required by subsection (3)(b) discloses that there are any<br />

material weaknesses or deficiencies in or non-compliance<br />

with any of the provisions of this <strong>Act</strong> and the regulations<br />

and rules made thereunder relating to the record keeping,<br />

reserve requirements, filing requirements, segregation of<br />

customers’ funds and the financial affairs of brokerdealers,<br />

the Commission shall, if deemed necessary,<br />

suspend the broker dealer from trading on a <strong>Securities</strong><br />

Exchange, and such suspension shall not be removed until,<br />

the matter giving rise to the qualified audit report is<br />

rectified or otherwise resolved or the matters giving rise to<br />

the weaknesses or deficiencies in or non-compliance with<br />

the aforementioned provisions of the <strong>Act</strong> and the<br />

regulations and rules made thereunder are rectified.<br />

(5) Where in the course of performing the duties<br />

required by subsection (3) the auditor comes to the view<br />

that a matter that could give rise to a qualification in the<br />

audit report on the financial statements or that a major<br />

deficiency, weakness or non-compliance should be<br />

reported to the Commission, he shall request the brokerdealer<br />

to notify the Commission accordingly and, if the<br />

broker-dealer fails or refuses to do so, the auditor shall<br />

notify the Commission forthwith on the prescribed form<br />

with a copy of such notification being supplied to the<br />

broker-dealer.<br />

52. (1) Every broker-dealer shall, to the satisfaction<br />

of the Commission, effect and maintain appropriate policies<br />

of insurance for the purpose of indemnifying itself against<br />

any liability that may be incurred as a result of any act or<br />

omission of any of its directors, officers or employees.<br />

Indemnity<br />

insurance.<br />

[Original Service 2001]<br />

STATUTE LAW OF THE BAHAMAS

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