CIR App 9 CIR App 9 Use of Price Information Providers
CIR A9.1 CIR A9.1 Application
This Appendix applies to a
Fund Managerof an Exchange Traded Fund.
Use of price information providers
CIR A9.1.2 CIR A9.1.2(1) A
Fund Managerof an ETF may only use an index or other benchmark provided by a Price Information Providerfor the purposes referred to in Rule 13.9.3 if it has undertaken appropriate due diligence to ensure that the Price Information Provider, on an on-going basis, meets the requirements set out in (2).(2) The requirements relating to the Price Information Providerare that:(a) it has fair and non-discriminatory procedures for establishing prices of Investmentswhich are made public.(b) it can demonstrate adequate and appropriate transparency over the methodology, calculation and inputs to allow users to understand how the benchmark or index is derived and its potential limitations by:(i) making publicly available all the rules that govern the methodology, composition, components and value, and relative weighting of securities in each index or benchmark within a reasonable time frame as appropriate to the nature of the index and its users; and(ii) not making changes to the rules for index compilation without giving advance public notice before any changes are made;(c) where appropriate, it gives priority to concluded transactions in making assessments and adopts measures to minimise selective reporting;(d) it is of good standing and repute as an independent and objective price reporting agency or index provider;(e) it has a sound corporate governance framework;(f) it has adequate arrangements to avoid its staff having any conflicts of interest where such conflicts have, or are likely to have, a material adverse impact on price establishment process, and in particular, it does not employ ETF staff, for the purposes relating to the creation, development or modification of the index compilation rules and their review; and(g) it has adequate complaint resolution mechanisms to resolve any complaints about the Price Information Provider's assessment process and methodology.
CIR A9.1.2 Guidance1. A
Fund Managerof an ETF, when assessing the suitability of a Price Information Provider(the provider), should take into account factors such as:a. the provider's standing and reliability in the relevant physical or derivatives markets as a credible price reporting agency;b. the quality of corporate governance adopted, covering areas such as independent members of the board, independence of its internal audit and risk management function, and in the case of a Shari'a compliant index or benchmark, its Shari'a governance arrangements;c. whether the methodologies and processes (including any material changes to such methodologies and processes) adopted by the provider for the purposes of pricing are made publicly available;d. whether there are adequate procedures adopted to ensure that conflicts of interests between the provider's commercial interests and the users of its services, including that of its Employees involved in pricing process, are adequately addressed, including through codes of ethics;e. whether there is a clear conveyance to its users of the economic realities of the underlying interest the Price Information Providerseeks to measure; and,f. the degree to which the Price Information Providerhas given consideration to the characteristics of underlying interests measured, such as:• the size and liquidity: Whether the size of the market informs the selection of an appropriate compilation mechanism and governance processes. For example, a benchmark or index that measures a smaller market may be impacted by single trades and therefore be more prone to potential manipulation, whereas a benchmark for a larger market may not be well represented by a small sample of participants;• the relative market size. Where the size of a market referencing a benchmark is significantly larger than the volume of the underlying market, the potential incentive for benchmark manipulation to increase; and• Transparency: Where there are varying levels of transparency regarding trading volumes and positions of market participants, particularly in non-regulated markets and instruments, whether the benchmark represents the full breadth of the market, the role of specialist participants who might be in a position to give an overview of the market, and the feasibility, costs and benefits of providing additional transparency in the underlying markets.2. If a Price Information Providerthat an ETF Fund Manageruses for tracking or outperforming an index or benchmark for the purposes of the ETF it manages is a Related Partyof the Fund Manager, the Fund Managerhas additional obligations relating to Related PartyTransactions under Rule 13.9.5.