Financial Markets Act, 2012 (Act No. 19 of 2012)

Chapter IV : Custody and Administration of Securities

Licensing of central securities depository

27. Application for central securities depository licence

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(1)A central securities depository must be licensed under section 29.

 

(2)A juristic person may apply to the Authority for a central securities depository licence.

 

(3)An application for a central securities depository licence must—
(a)be made in the manner and contain the information prescribed by the Authority;
(b)show that the applicant complies with the requirements referred to in section 28;
(c)be accompanied by—
(i)a copy of the proposed depository rules that must comply with section 35;
(ii)a copy of the founding documents of the applicant;
(iii)such information in respect of members of the controlling body of the applicant as may be prescribed by the Authority; and
(iv)the application fee prescribed by the Authority;
(d)be supplemented by any additional information that the Authority may reasonably require.

 

(4)
(a)The Authority must publish a notice of an application for a central securities depository licence in two national newspapers, at the expense of the applicant, and on the Authority's website.

[Section 27(4)(a) substituted by section 290, item 17(a) of Schedule 4, of the Financial Sector Regulation Act, 2017 (Act No. 9 of 2017), Notice No. 853, GG 41060, dated 22 August 2017 - effective 9 February 2018 (Notice R. 99, GG 41433, dated 9 February 2018)]

(b)The notice must state—
(i)the name of the applicant;
(ii)where the proposed depository rules may be inspected by members of the public; and
(iii)the period within and the process by which objections to the application may be lodged with the Authority.
(c)The Authority must publish the proposed depository rules referred to in paragraph (b)(ii) on the Authority's website.

[Section 27(4)(c) inserted by section 290, item 17(b) of Schedule 4, of the Financial Sector Regulation Act, 2017 (Act No. 9 of 2017), Notice No. 853, GG 41060, dated 22 August 2017 - effective 9 February 2018 (Notice R. 99, GG 41433, dated 9 February 2018)]