s 334 Power of Authority to reprimand for misconduct
334.—(1) Where the Authority is satisfied that a relevant person is guilty of misconduct, the Authority may, if it thinks it necessary in the interests of the public or a section of the public or for the protection of investors, reprimand the relevant person. (1A) The Authority may, under subsection (1), reprimand a person who has ceased to be a relevant person, if the person was a relevant person at the time of the misconduct.[Act 12 of 2024 wef 30/08/2024] (2) In this section —“misconduct” means —(a) the contravention of —(i) any provision of this Act; (ii) any condition or restriction imposed under this Act; (iia) any direction made by the Authority under this Act; (iii) any code, guideline, policy statement or practice note issued under section 321; or (iv) any business rules of an approved exchange, a licensed trade repository or an approved clearing house, or the listing rules of an approved exchange; (b) the failure by an officer of a relevant person to discharge any duty or function of his or her office; or (c) the commission of an offence under section 331 or 332(1); “officer” —(a) in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, and includes a person purporting to act in any such capacity; or (b) in relation to an unincorporated association (other than a partnership), means the president, the secretary, or a member of the committee of the association or a person holding a position analogous to that of president, secretary or member of a committee, and includes a person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner; “relevant person” means —(a) an approved exchange; (b) a recognised market operator; (c) a licensed trade repository; (d) a licensed foreign trade repository; (e) an approved clearing house; (f) a recognised clearing house; (g) an approved holding company; (h) a holder of a capital markets services licence to carry on business in any regulated activity; (i) an exempt person; (j) an approved trustee mentioned in section 289; (k) an authorised benchmark administrator; (l) an exempt benchmark administrator; (m) an authorised benchmark submitter; (n) an exempt benchmark submitter; (o) a designated benchmark submitter; or (p) any employee, officer, partner or representative of any person mentioned in paragraphs (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), (m), (n) and (o).[2/2009; 34/2012; 4/2017]