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Securities Services Act, 2004 (Act No. 36 of 2004)

Chapter VII : Code of Conduct

71. Principles of code of conduct

 

(1) The code of conduct must be based on the principle that an authorised user must—
(a) act honestly and fairly, with due skill, care and diligence and in the interests of a client;
(b) uphold the integrity of the securities services industry;
(c) have and effectively employ the resources, procedures and technological systems for the conduct of its business;
(d) seek information from a client regarding his or her financial position, investment experience and objectives in connection with the securities service required; and
(e) act fairly in a situation of conflicting interests.

 

(2) The code of conduct must in particular provide for—
(a) the disclosure to a client of relevant material information, including the disclosure of actual or potential own interests of the authorised user;
(b) proper record-keeping;
(c) avoidance of fraudulent and misleading advertising, canvassing and marketing;
(d) proper safekeeping, separation and protection of funds and transaction documents of clients;
(e) where appropriate, suitable guarantees or professional indemnity or fidelity insurance cover; and
(f) any other matter which is necessary or expedient to be regulated in the code of conduct for the achievement of the objects of this Act.