(1) This section applies where a person (in this section called the dealer )
holds a licence.
(2) The dealer must:
- (a)
- keep such financial records as correctly record and
explain the transactions and financial position of the securities business
carried on by the dealer; and
- (b)
- keep those records (in this section called the records ) as provided by
this section.
(3) The records must be kept in such a way as will enable true and fair profit
and loss statements and balance sheets to be prepared from time to time.
(4) The records must be kept in such a way as will enable profit and loss
statements and balance sheets of the securities business carried on by the
dealer to be conveniently and properly audited.
(5) The records must be kept in writing in the English language or in such a
manner as will enable them to be readily accessible and readily converted into
writing in the English language.
(6) The records must be kept in sufficient detail to show particulars of:
- (a)
- all money received or paid by the dealer, including money paid to, or
disbursed from, a trust account; and
- (b)
- all purchases and sales of securities made by the dealer, the charges and
credits arising from them, and the names of the buyer and seller of each of
those securities; and
- (c)
- all income received from commissions, interest, and other sources, and all
expenses, commissions, and interest paid, by the dealer; and
- (d)
- all the assets and liabilities (including contingent liabilities) of the
dealer; and
- (e)
- all securities that are the property of the dealer, showing by whom the
securities, or the documents of title to the securities, are held and, where
they are held by some other person, whether or not they are held as security
against loans or advances; and
- (f)
- all securities that are not the property of the dealer and for which the
dealer or a nominee controlled by the dealer is accountable, showing by whom,
and for whom, the securities or the documents of title to the securities are
held and the extent to which they are either held for safe custody or
deposited with a third party as security for loans or advances made to the
dealer; and
- (g)
- all purchases and sales of options made by the dealer and all fees (being
option money) arising from them; and
- (h)
- all arbitrage transactions entered into by the dealer; and
- (j)
- all underwriting transactions entered into by the dealer.
(7) The records must be kept in sufficient detail to show separately
particulars of every transaction by the dealer.
(8) The records must specify the day on which, or the period during which,
each transaction by the dealer took place.
(9) The records must contain copies of acknowledgments of the receipt of
securities or of documents of title to securities received by the dealer from
clients for sale or safe custody clearly showing the name or names in which
the particular securities are registered.
(10) The records must be kept in sufficient detail to show separately
particulars of all transactions by the dealer with, or for the account of:
- (a)
- clients of the dealer, excluding, where the dealer carries on business in
partnership, the partners of the firm; and
- (b)
- the dealer or, where the dealer carries on business in partnership, the
partners of the firm; and
- (c)
- other dealers; and
- (d)
- employees of the dealer.
(11) An entry in the records is, unless the contrary is proved, taken to have
been made by, or with the authority of, the dealer.
(12) Where any of the records is not kept in writing in the English language,
the dealer must, if required to convert the financial records concerned into
writing in the English language by a person who is entitled to examine the
record, comply with the requirement within a reasonable time.
(13) The dealer does not contravene this section merely because some or all of
the records are kept as a part of, or in conjunction with, the records
relating to any other business that is carried on by the dealer.
(14) Where any of the records are kept outside this jurisdiction, the dealer
must:
- (a)
- cause to be sent to and kept at a place in this jurisdiction such
particulars with respect to the business dealt with in those records as will
enable true and fair profit and loss statements and balance sheets to be
prepared; and
- (b)
- if required by ASIC to produce those records at a place in this
jurisdiction, comply with the requirement not later than 28 days after the
requirement is made.
(15) Nothing in this section limits the generality of anything else in it.