[Section 49 heading substituted by section 290, item 28(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)]
| (1) |
The Authority may, with the concurrence of the Prudential Authority and the South African Reserve Bank and after consideration of any objection received as a result of the notice referred to in section 47(4) and subject to the conditions which the Authority may consider appropriate, grant a clearing house licence to perform the functions referred to in section 50, if— |
| (a) |
the applicant complies with the relevant requirements of this Act; and |
| (b) |
the objects of this Act referred to in section 2 will be furthered by the granting of a clearing house licence. |
[Section 49(1) substituted by section 290, item 28(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)]
| (1A) |
Subject to the regulations or joint standards, the Authority may, with the concurrence of the Prudential Authority and the South African Reserve Bank, and after consideration of any objection received as a result of the notice referred to in section 47(4) and subject to the conditions which the Authority may consider appropriate, grant a central counterparty licence to perform the functions referred to in section 50, if— |
| (a) |
the applicant complies with the relevant requirements of this Act; and |
| (b) |
the objects of this Act referred to in section 2 will be furthered by the granting of the licence. |
[Section 49(1A) inserted by section 290, item 28(c) 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)]
| (2) |
The clearing house licence and the central counterparty licence— |
| (a) |
must specify the functions that may be performed by the clearing house and central counterparty, and the securities in respect of which those functions may be performed, any other terms and conditions of the licence, the registered office of the clearing house and central counterparty, and the places where the clearing house and central counterparty may be operated, and stipulate that the clearing house and central counterparty, may not be operated at any other place without the joint prior written approval of the Authority, the Prudential Authority and the South African Reserve Bank; and |
| (b) |
may specify that insurance, a guarantee, compensation fund, or other warranty must be in place to enable the clearing house and central counterparty to provide compensation, subject to the clearing house rules, to clients of clearing members. |
[Section 49(2) substituted by section 290, items 28(d) and (e) 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)]
| (3) |
A clearing house and a central counterparty, may at any time apply to the Authority for an amendment of the terms of the licence and the conditions subject to which the licence was granted. |
[Section 49(3) substituted by section 290, item 28(f) 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)]
| (a) |
The Authority must publish a notice of an application for an amendment of the terms of a clearing house licence and central counterparty licence and the conditions subject to which the licence was granted in two national newspapers at the expense of the applicant and on the Authority's website. |
[Section 49(4)(a) substituted by section 290, item 28(g) 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) |
the nature of the proposed amendments; and |
| (iii) |
the period within which objections to the application may be lodged with the Authority. |
Older Persons Act, 2006
