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Recital 11

Recital 11

(11)The 2001 Memorandum of Understanding (MOU) entered into between the exchange controller and the SFC on Matters relating to SFC Oversight, Supervision of Exchange Participants and Market Surveillance requires recognised stock exchanges to provide data and information to the SFC on a regular or ad hoc basis. For monitoring purposes the SFC has access to orders and transaction information on a real-time basis. Under Item 16 of appendix II of the MOU, recognised exchange companies are required to, as soon as practicable, notify the SFC of matters designated as serious, and share information with the SFC within prescribed time periods as agreed between both parties. Under Section 27 of the SFO, the SFC may require a recognised exchange company to provide books and records kept in connection with or for the purposes of its business or in respect of any financial instruments traded; and such other information relating to its business or any trading in securities, futures contracts or OTC derivative products. Recognised exchange companies are required to keep records of all orders and transactions relating to any financial instruments which the SFC may reasonably require for the performance of its functions. They are required to keep those records for a period of not less than seven years.

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