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