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Securities Industry Act - The Bahamas Laws On-Line - The ...

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SECURITIES INDUSTRY [CH.363 – 11<br />

contracts, whether or not that person is, or is to<br />

become a party to the agreement or proposed<br />

agreement, or unless the agreement is or would<br />

be an agreement, or is or would be within a class<br />

of agreements, prescribed by regulations for the<br />

purpose of this subsection;<br />

(iii) any negotiable receipt or other negotiable<br />

certificate or document evidencing the deposit of<br />

a sum of money, or any rights, or interest arising<br />

under any such receipt, certificate, or document;<br />

(iv) any bill of exchange and any promissory note<br />

within the meaning of the Bills of Exchange <strong>Act</strong>;<br />

(v) any debenture that specifically provides that it is<br />

not negotiable or transferable;<br />

(vi) bank contracts for spot or forward foreign<br />

exchange transactions in currencies, excluding<br />

currency options.<br />

(3) Notwithstanding subsection (2), the Commission<br />

shall have the authority to designate or to exempt any<br />

financial instrument from the definition of a security under<br />

this <strong>Act</strong>.<br />

PART II<br />

SECURITIES COMMISSION<br />

3. (1) <strong>The</strong> body corporate established under section<br />

3 of the repealed <strong>Act</strong> and known as the <strong>Securities</strong> Board is<br />

preserved and shall continue in existence by virtue of and<br />

for the purposes of this <strong>Act</strong> but shall be known after the<br />

commencement of this section as the <strong>Securities</strong> Commission<br />

of <strong>The</strong> <strong>Bahamas</strong>.<br />

(2) <strong>The</strong> Schedule shall have effect with respect to the<br />

Commission, its members and staff.<br />

4. (1) <strong>The</strong> functions of the Commission shall be —<br />

(a) to formulate principles to regulate and govern<br />

mutual funds, securities and capital markets;<br />

(b) to maintain surveillance over mutual funds,<br />

securities and capital markets ensuring orderly,<br />

fair and equitable dealings;<br />

(c) to create and promote conditions to ensure the<br />

orderly growth and development of the capital<br />

markets;<br />

Ch. 335.<br />

Establishment of<br />

Commission.<br />

Schedule.<br />

Functions of the<br />

Commission.<br />

LRO 1/2002<br />

STATUTE LAW OF THE BAHAMAS

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