2A.09

(1)    The Exchange may bring disciplinary actions and impose or issue the sanctions in rule 2A.10 against any of the following:
 
  (a)    a listed issuer or any of its subsidiaries;
 
  (b)    any director of a listed issuer or any of its subsidiaries (or any alternate of such director);
 
  (c)    any member of the senior management of a listed issuer or any of its subsidiaries;
 
  (d)    any substantial shareholder of a listed issuer;
 
  (e)    any professional adviser of a listed issuer or any of its subsidiaries;
 
  (f)    any employee of a professional adviser of a listed issuer or any of its subsidiaries;
 
  (g)    any authorised representative of a listed issuer;
 
  (h)    any supervisor of a PRC issuer;
 
  (i)    any guarantor in the case of a guaranteed issue of debt securities or structured products; and
 
  (j)    any other party who gives an undertaking to or enters into an agreement with the Exchange.
 
(2)    For the purposes of this rule:
 
  (a)    "listed issuer" includes an issuer of listed structured products;
 
  (b)    "professional adviser" includes any financial adviser, independent financial adviser, lawyer, accountant, property valuer or any other person retained by an issuer to provide professional advice in relation to a matter governed by the Listing Rules. It does not include sponsors or Compliance Advisers; and
 
  (c)    "senior management" includes:
 
    (i) any person occupying the position of chief executive, supervisor, company secretary, chief operating officer or chief financial officer, by whatever name called;
 
    (ii) any person who performs managerial functions under the directors’ immediate authority; or
 
    (iii) any person referred to as senior management in the listed issuer’s corporate communication or any other publications on the Exchange’s website or on the listed issuer’s website.
 
(3)    The scope of any disciplinary action taken against a professional adviser under rules 2A.09, 2A.10 and 2A.10B, including any ban imposed on a professional adviser under rule 2A.10(9), shall be limited to matters governed by or arising out of the Listing Rules.
 
(4)    Professional advisers, when acting in connection with Listing Rule matters on which they are instructed to advise, shall use all reasonable efforts to ensure that their clients understand and are advised as to the scope of and their obligations under the Listing Rules. They must not knowingly provide any information to the Exchange which is false or misleading in a material particular.