Page 70 - 期货和衍生品行业监管动态（2022年11月）

期货和衍生品行业监管动态

 properly monitor the trading activities in the client’s discretionary
account for around 15 months;

 have procedures in place to ensure proper supervision of the

operation of discretionary accounts; and

 maintain proper records of its compliance checks on discretionary

accounts.

 In deciding the sanction, the SFC took into account all relevant

circumstances, including:

 the duration of Swiss-Asia’s failures;

 Swiss-Asia’s cooperation in resolving the SFC’s concerns; and

 Swiss-Asia’s otherwise clean disciplinary record.

Notes:

1．Swiss-Asia is currently licensed under the Securities and Futures Ordinance

to carry on Type 4 (advising on securities) and Type 9 (asset management) regulated

activities.

2．General Principle 2 (Diligence) of the Code of Conduct for Persons Licensed

by or Registered with the Securities and Futures Commission (Code of Conduct)

requires a licensed person to act with due skill, care and diligence, in the best interests

of its clients and the integrity of the market.

3．Paragraph 4.3 (internal control, financial and operational resources) of the

Code of Conduct requires a licensed person to have internal control procedures and

financial and operational capabilities which can be reasonably expected to protect its

operations, its clients and other licensed or registered persons from financial loss
arising from theft, fraud, and other dishonest acts, professional misconduct or

omissions.

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