GENE 5.4.1 Electronic submission system

(1) The Regulatory Authority may establish a system (the electronic submission system) to enable authorised firms and other persons to communicate to it electronically and, in particular, to give it documents and information in electronic form that can be reproduced by it in legible form.
(2) The Regulatory Authority may, by written notice published on an approved website:
(a) require or permit authorised firms and other persons (each of which is a permitted user) to make stated communications to it using the electronic submission system;
(b) require stated communications to the authority on behalf of a permitted user to be submitted by a stated person or persons;

Example of requirement

If the permitted user is an authorised firm, particular communications to the authority may be required to be submitted by an approved individual for, or director of, the firm.
(c) issue instructions (access instructions) in relation to the provision of access to the system for individuals who are to use the system on behalf of permitted users, including, for example, instructions in relation to:
(i) the nomination of individuals to the Regulatory Authority by permitted users;
(ii) the acceptance of nominated individuals by the authority; and
(iii) the withdrawal of nominations by permitted users; and
(d) issue instructions (usage instructions) about access to and use of the system, including, for example, instructions that the authority considers necessary or desirable to maintain the integrity and security of the system or confidence in its integrity and security.
(3) An individual using the electronic submission system must not contravene any of the usage instructions.
(4) A permitted user of the electronic submission system must take all reasonable steps to ensure:
(a) that it nominates only suitable individuals to the Regulatory Authority to have access to the system;
(b) that only individuals who are nominated by it, and accepted by the authority as users, have access to the system on its behalf;
(c) that individuals who have access to the system on its behalf do not contravene the usage instructions or otherwise use the system improperly; and
(d) that it and its directors, officers, employees, agents and contractors do not do, or fail to do, anything that compromises, or could reasonably compromise, the integrity or security of the system or confidence in its integrity or security.
(5) An authorised firm that is a permitted user of the electronic submission system must:
(a) have adequate and appropriate policies, procedures, systems and controls to ensure that it can comply, and does comply, with subrule (4); and
(b) make and keep the records necessary to show how it complied with that subrule.
(6) A person (other than an authorised firm) who is a permitted user of the electronic submission system must make and keep the records necessary to show how it complied with subrule (4).
(7) If a communication is made to the Regulatory Authority using access to the electronic submission system provided to a permitted user (including to any individual nominated by the permitted user and accepted by the authority as a user), then, whether or not the communication was made by or on behalf of the permitted user:
(a) the permitted user is taken to have made the communication to the authority; and
(b) for the purposes of the FSR and any rules — is taken to have made the communication to the authority in writing and to have signed (and, if necessary, sealed, stamped or otherwise executed) the communication.
Note See FSR, article 108 (1) (D) and article 109 (1) (F).
(8) However, subrule (7) does not apply to the communication if the permitted user satisfies the Regulatory Authority that:
(a) the communication was not made by it (or by any person on its behalf or with its approval or permission);
(b) it complied fully with subrules (4) and (5);
(c) the making of the communication was not caused or contributed to by a contravention of any of the usage instructions by an individual nominated by it for this rule (other than an individual whose nomination had been withdrawn in accordance with the access instructions); and
(d) it informed the authority that it had not made the communication immediately after becoming aware of it, but within 1 business day.

Examples for rule (8) (d) and rule (10) (c)

See examples to rule 4.1.3 (1) on meaning of "within 1 business day".
(9) If a communication is made to the Regulatory Authority using access to the electronic submission system provided to an individual nominated by a permitted user for this rule, then, whether or not the communication was made by or on behalf of the individual:
(a) the individual is taken to have made the communication to the authority; and
(b) for the purposes of the FSR and any rules — is taken to have made the communication to the authority in writing and to have signed (and, if necessary, otherwise executed) the communication.
(10) However, subrule (9) does not apply to the communication if the individual satisfies the Regulatory Authority that:
(a) the communication was not made by the individual (or by any person on the individual's behalf or with the individual's approval or permission);
(b) the making of the communication was not caused or contributed to by a contravention by the individual of any of the usage instructions; and
(c) the individual informed the permitted user and the authority that the individual had not made the communication immediately after becoming aware of it, but within 1 business day.
(11) A communication made to the Regulatory Authority using the electronic submission system is taken to have been made to the authority at the time it is received by the authority, but subject to rule 5.1.4 (Time documents are taken to have been given to Regulatory Authority).
(12) This rule is additional to, and does not limit, rule 5.1.3 (Giving documents to Regulatory Authority — general requirements), any other provision of these rules or any other rules (including CTRL).
Editorial changes (as from 1st January 2016).