Document ID: chunk:federal_register_of_legislation:F2022C00386:body:0:p8
Version: federal_register_of_legislation:F2022C00386
Segment Type: other
Provision Reference: 
Character Range: 20639–23799

in generating the financial benchmark, including:
(i)         the financial benchmark data to be provided;
(ii)       the form and manner in which the financial benchmark data is to be provided; and
(iii)     where applicable, the persons who are authorised to provide financial benchmark data; and
(b)       the arrangements a Contributor must have for:
(i)         where applicable, ensuring only authorised persons provide financial benchmark data to the licensee;
(ii)       providing financial benchmark data in accordance with the guidelines or other requirements of the licensee;
(iii)     managing conflicts of interest in connection with the provision of financial benchmark data to the licensee;
(iv)      governing the exercise of expert judgement or discretion (if any) in connection with the provision of financial benchmark data to the licensee, including by ensuring that persons who exercise expert judgement are adequately trained and supervised;
(v)       the errors, discrepancies and suspicious activities that are to be reported to the licensee in relation to the financial benchmark data provided to the licensee; and
(vi)      keeping records that demonstrate compliance with the guidelines.
     (3) The licensee must monitor compliance by each Contributor with the guidelines referred to in subrule (1).
(4) The licensee must ensure the guidelines referred to in subrule (1) require the Contributor to notify the licensee within a reasonable time of any breaches of the guidelines by a Contributor, its officers, managers, employees or representatives.

     Part 2.6         Transparency of, and access to, financial benchmarks

     2.6.1           Transparency of financial benchmarks
A benchmark administrator licensee must, in respect of each financial benchmark specified in its benchmark administrator licence, publicly disclose adequate information about:
(a)        the Interest; and
(b)       the method for generating the financial benchmark, including the matters set out in subrule 2.2.3(2),
     to enable users of the financial benchmark to understand how the financial benchmark is generated and its intended use.

     2.6.2           Reasonable and non-discriminatory access to financial benchmarks
A benchmark administrator licensee must have and apply written procedures for access to each financial benchmark specified in its benchmark administrator licence that:
(a)        do not unfairly discriminate between users of the financial benchmark; and
(b)       without limiting paragraph (a), provide for any charges for access to the financial benchmark to be reasonable and non-discriminatory.

     Part 2.7         Accountability

     2.7.1           Record-keeping
(1) A benchmark administrator licensee must create and maintain records that enable the licensee to demonstrate that it has complied with the requirements of these Rules.
(2) A licensee must keep the records referred to in subrule (1) for a period of seven years from the later of the date the record is made or last amended.
(3) A licensee must ensure the records referred to in subrule (1) are, for the period of time that the records must be