Page 427 - IOM Law Society Rules Book
P. 427

130                Financial Services Act 2008                  c.8

                                  (d) the services and products provided by or on behalf of
                                      licenceholders;

                                  (e) the relationship between licenceholders and their
                                      customers;

                                  (f) the corporate governance and risk management of
                                      licenceholders;

                                  (g) the accounts, accounting records and solvency of
                                      licenceholders; and

                                  (h) the giving of full effect to the regulatory objectives and
                                      the functions of the Commission under this Act.

                                (2) The Commission may, on the application or with the
                           consent of the  licenceholder, direct that the whole of the Rule
                           Book or any of its provisions —

                                  (a) are not to apply to the licenceholder; or

                                  (b) are to apply to that person with such modifications as
                                      may be specified in the direction.

                                (3) In cases where a declaration under paragraph 3 of
                           Schedule 3 applies in respect of a licenceholder, the Commission
                           may, on the application or with the consent of that licenceholder,
                           direct that the relevant rules, regulations, codes, guidance or
                           standards that are the subject of the declaration shall apply to that
                           person with such exceptions and modifications as may be specified
                           in the direction.

                                (4) Schedule 3 shall have effect to supplement subsection (1).

                                (5) Schedule 3 does not affect the generality of subsection
                           (1).



               The Rule    19. (1) If a licenceholder is in contravention of the Rule Book
               Book -      the Commission may undertake action for a breach.
               supplementary
               provisions
                                (2) Contravention of the Rule Book does not give rise to
                           any right of action by any persons affected nor does it affect the
                           validity of any transaction.

                                (3) Where a person discloses information to another in
                           compliance with the Rule Book the disclosure shall not be treated
                           as a breach of any restriction upon the disclosure of information
                           imposed by statute or otherwise.

                                (4) A licenceholder shall not be treated as a director of a
                           company for the purposes of the Companies Acts 1931 to 2004 or the
   422   423   424   425   426   427   428   429   430   431   432