The Unibanco Letters - Dual-Hatting Regulations and Global Enforcement
The New Rule (Cont.)
(2) Expansion of the Conduct Regulations
-
Deem Article 63 filers financial instruments business operators
Comply with the conduct regulations normally applicable to financial instruments
business operators (such as delivery of an explanatory document before and upon
entering into a contract, suitability test, asset segregation confirmation, not making
conclusive statements regarding uncertain matters, fiduciary duty, and subject to
prohibited activities)
Prepare and maintain books and records for 10 years (can be prepared in English)
• Prepare and file annual business reports with the regulators (from the business year
starting after March 1, 2016)
Prepare and maintain a copy of the business report (or equivalent explanatory
documents) available to the public (from the business year starting after March 1,
2016)
Morgan Lewis
21View entire presentation