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Securities Services Act, 2004 (Act No. 36 of 2004)

Chapter IV : Custody and Administration of Securities

Functions of participant

35. Functions of participant

 

A participant

(a) must, if securities are deposited with the participant, deposit them with a central securities depository unless the client expressly directs otherwise in writing;
(b) must maintain a securities account for a client in respect of securities deposited;
(c) must reflect the number or nominal value of each kind of securities deposited in a securities account;
(d) must administer and maintain a record of all securities deposited with it in accordance with the depository rules;
(e) must record all securities of the same kind deposited with it in a subregister if so required by the depository rules;
(f) must disclose to clients and issuers the fees and charges required by it for its services;
(g) must notify a client in writing or as otherwise agreed to by the client of an entry made in the client’s securities account;
(h) must on request disclose to—
(i) the registrar information about the securities recorded in a securities account;
(ii) an issuer information about the securities issued by that issuer and recorded in a securities account;
(i) must have a central securities account with a central securities depository, and may—
(i) deposit securities with or withdraw securities from that central securities depository; or
(ii) transfer, pledge or cede an interest in securities through that central securities depository;
(j) must exercise the rights in respect of securities deposited by it with a central securities depository in its own name on behalf of a client when so instructed by the client; and
(k) must balance and reconcile the aggregate of the securities accounts with the central securities accounts on a daily basis.