[Section 4(1)(e) substituted by section 290, item 5(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)]
| (f) |
act as a nominee unless that person is approved under section 76; |
| (g) |
perform the functions of or operate as a trade repository unless that person is licensed under section 56 or section 56A, as the case may be; or |
[Section 4(1)(g) substituted by section 290, item 5(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)]
| (h) |
in any manner, directly or indirectly, advertise or canvass for carrying on the business of an authorised user, participant or clearing member, unless that person is an authorised user, participant or clearing member, or an officer or employee of an authorised user, participant or clearing member, who is so permitted in terms of exchange rules, depository rules or clearing house rules, as the case may be. |
| (a) |
licensed as an exchange, a central securities depository, a trade repository, a clearing house or a central counterparty; |
| (f) |
an issuer of listed securities; |
| (g) |
licensed as an external central counterparty, or exempt from the requirement to be licensed in terms of section 49A; or |
| (h) |
licensed as an external trade repository; |
may not purport to be an exchange, central securities depository, trade repository, clearing house, central counterparty, external central counterparty, external trade repository, participant, authorised user, clearing member, approved nominee or issuer of listed securities, as the case may be, or behave in a manner or use a name or description which suggests, signifies or implies that there is some connection between that person and an exchange, a central securities depository, trade repository, clearing house, central counterparty, external central counterparty, external trade repository, participant, authorised user or clearing member, as the case may be, where in fact no such connection exists.
[Section 4(2) substituted by section 290, item 5(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)]
| (3) |
An authorised user may only provide the securities services for which it is authorised by a licensed exchange in terms of the exchange rules. |
| (4) |
A participant may only provide the securities services for which it is authorised by a licensed central securities depository in terms of the depository rules. |
| (a) |
A clearing member may only provide the clearing services or settlement services for which it is authorised by a licensed exchange, licensed independent clearing house, or a licensed central counterparty, as the case may be, in terms of the exchange rules or clearing house rules, as the case may be. |
| (b) |
A clearing member may only provide clearing services or settlement services for which it is authorised by a licensed external central counterparty or an external central counterparty that is exempt from the requirement to be licensed in terms of section 49A, with the joint prior written approval of the Authority, the Prudential Authority and the South African Reserve Bank. |
[Section 4(5) substituted by section 290, item 5(d) 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)]
Statistics Act, 1999
