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Recital 8

Recital 8

(8)Applying mutatis mutandis to futures clearing houses as provided for in Article 55 of the FTA, Article 7 of the FTA provides that a futures clearing house is to be ‘established for the purpose of promoting the public interest and preserving the transaction fairness of the futures market’. Additionally, Article 2 of the Regulations stipulates that ‘the businesses of a futures clearing house are the clearance and settlement for futures trading and to provide guarantee for the performance of the futures contract’ which includes both exchange-traded and OTC derivatives. A futures clearing house will only obtain its approval and the business license for its establishment where the FSC is satisfied, among other things, that the promoters of a futures clearing house have set aside appropriate capital, have a proper and sound business plan specifying the principles of business operation, the division of internal organisation, the recruitment and training of personnel, its financial projections for the year commencing operation and the following year, has human resources, data-processing equipment and other physical facilities sufficient to conduct the businesses of a futures clearing house. The FSC may, when deciding whether to grant an approval and business license for a futures clearing house, impose additional conditions and require additional documentation.

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