Powers with respect to exchanges and securities.
Section 38
SEC. 38. Powers with respect to exchanges and securities.—(a) The Commission is authorized, if in its opinion such action is necessary or appropriate for the protection of investors: After appropriate notice .and opportunity for hearing, to suspend for a period not exceeding twelve months, or to withdraw the registration of a securities exchange, if such exchange has violated any provision of this Act or of the rules and regulations thereunder, or has failed to enforce compliance therewith by a member or by an issuer of a security registered thereon. After appropriate notice and opportunity for hearing, to suspend for a period not exceeding twelve months or to expel from a securities exchange any member or officer thereof who has violated any provision of this Act or the rules and regulations thereunder, or has effected, directly or indirectly, any transaction for any person who is violating in respect of such transaction any provision of this Act or the rules and regulations thereunder. And if the public interest so requires, summarily to suspend trading in any registered security on any securities exchange for a period not exceeding thirty days or, with the approval of the President of the Philippines, summarily to suspend all trading on any securities exchange for a period of more than thirty days but not exceeding ninety days. (b) The Commission is further authorized, if after making appropriate request in writing to a securities exchange that such exchange effect on its own behalf specified changes in its rules and practices and, after appropriate notice and opportunity for hearing, it determines that such exchange has not made the changes so requested, and that such changes are necessary or appropriate for the protection of investors or to insure fair dealing in securities traded upon such exchange or to insure fair administration of such exchange, by rules or regulations or by order, to alter or supplement the rules of such exchange (insofar as necessary or appropriate to effect such changes) in respect of such matters as — Safeguards in respect of the financial responsibility of members and adequate provisions against the evasion of financial responsibility through the use of corporate forms or special partnership; The limitation or prohibition of the registration or trading in any security within a specified period after the issuance or primary distribution thereof; The listing or striking from listing of any security; Hours of trading; The manner, method, and place of soliciting business; Fictitious accounts; The time and method of making settlements, payments, and deliveries, and of closing accounts; The reporting of transactions on the exchange upon tickets maintained by or with the consent of the exchange, including the method of reporting short sales, stopped sales, sales of securities of issuers in default, bankruptcy or receivership, and sales involving other special circumstances; The fixing of reasonable rates of commission, interest, listing, and other charges; Minimum units of trading; Odd-lot purchases and sales; and Minimum deposits on margin accounts. (c) Wherever two or more exchanges exist, the Commission may require and enforce uniformity of trading regulations in and/or between or among said exchanges. (d) The Commission shall have the authority to determine the number, size and location of stock exchanges and commodity exchanges and other similar organizations in the light of national or regional requirements for such activities with the view to promote, enhance, protect, conserve or rationalize investment. (28a)