Investment firms,Commodity Exchange service providers and EEA Section Members
Investment firms, Commodity Exchange service providers and EEA Section Members shall submit an original of the application for Section Membership and of the
declarations that need to be attached as annexes (duly signed by the company representative
or an authorised representative); of the other annexes, either an original or
a copy must be submitted. The Exchange will only accept certified Hungarian or
English translations of documents. The Exchange is not required to prescribe the
submission of documents it has access to through a public and authentic register.
a) a letter of intent to join (a) market(s) on the exchange, clearly indicating market segment
name(s);
b) the deed of foundation or articles of association of the Applicant, as amended,
with modifications duly inserted;
c) a certificate of incorporation dated no earlier than fifteen (15) days;
d) a license for investment services or auxiliary investment services issued by the supervision
authorizing the applicant to do business in the particular market;
in the case of EEA Section Member
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a license issued by the supervisory authority competent at its registered office to conduct
investment services as they are defined by Article 5 (1) a), b) and c) of the
ISA;
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certification, by the supervising authority competent at its registered office or by the Supervision
on that it is entitled to provide cross-border services;
e) a declaration whereby the applicant
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accepts exchange rules as binding;
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a section member who is a clearing member accepts and agrees to comply with the
provisions of KELER rules;
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accepts the right of the Exchange to impose sanctions upon violation of the foregoing,
and
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commits to effect payment of the initial fee for joining the market by due date
and to keep paying as and when required the exchange fees set forth in the schedule of fees;
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agrees to act in line with the conduct expected of a member once becoming one;
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declares that no conflict of interest as defined in any of the relevant legal
provisions exist in respect of a corporate member;
f) an annual report of the year preceding the application, audited in line with the accounting act,
for applicants that have operated for longer than a single business year;
g) a description of the applicant’s shareholders and their stakes and an introduction of the senior managers and the professionals
in charge of investment services, along with the related affirmative decision
by the supervision, if required under law, as well as an overview of the structure
of the company;
h) the internal rules of procedure for keeping a record of the terms under which the senior managers and employees
of the applicant may personally engage in activities related or similar to those
pursued by the applicant;
i) a list of litigation pending against the applicant or its senior officers in connection with dealing
in securities and with the investment services business and court cases pending
in connection with financial management in respect of more than 10% of registered
capital;
j) a description of the applicant's cash accounts and other bank accounts;
k) a statement to the effect that the attached statements and documents are fair and complete
and the contents thereof are true and the applicant has not withheld any fact
required for an evaluation of its application for membership in merit;
l) a declaration from the applicant that its senior officer complies with the terms below:
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he/she has no criminal record;
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he/she has not acted for the past 3 years as senior officer, senior manager,
or professional in charge of investment services or commodity exchange services
or as a trader in a company brought under liquidation or bankruptcy, where such
person’s liability for the liquidation or bankruptcy has been established under
civil, labour, or criminal law;
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he/she is not barred from acting ;
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he/she has a good reputation in business circles;
m) all other documents considered necessary by the Chief Executive Officer to
making a judgment of the good reputation in business circles and which the CEO
has requested individually;
n) power of attorney, if the Applicant is represented by an representative under
a power of attorney in the procedure.