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

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SECURITIES INDUSTRY [CH.363 – 17<br />

19. (1) Notwithstanding anything contained in any<br />

other law but subject to subsection (2), no trading in a<br />

listed security shall take place in <strong>The</strong> <strong>Bahamas</strong> except on<br />

the <strong>Securities</strong> Exchange on which it is listed in accordance<br />

with this <strong>Act</strong> and any regulations or rules made thereunder.<br />

(2) Subsection (1) shall not apply to individuals who<br />

are trading in securities for his, her, or their own account or<br />

for the account of his or her spouse and children (or his or<br />

her spouse or children) under eighteen years of age.<br />

20. (1) A company desiring to provide clearing,<br />

settlement, depository, custody or other services which<br />

facilitate or are ancillary to the operations of a <strong>Securities</strong><br />

Exchange may not do so until it has been approved and<br />

registered by the Commission which shall have the<br />

exclusive authority to approve and register companies<br />

engaged in such services, and such company shall be<br />

referred to individually as a “facility”.<br />

(2) Application by a company for registration as a<br />

facility shall be made only by a company incorporated or<br />

registered under the Companies <strong>Act</strong> and shall be made to<br />

the Commission in the prescribed form accompanied by<br />

the prescribed application fee and shall include a certified<br />

copy of its Memorandum and Articles of Association<br />

together with any other documentation as the Commission<br />

may require.<br />

(3) No person may establish or maintain or assist in<br />

establishing or maintaining a facility, or conduct business<br />

with any facility other than one registered in accordance<br />

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

(4) Any person who contravenes subsection (1) or<br />

(3) is guilty of an offence and shall be liable on summary<br />

conviction to a fine of one hundred and fifty thousand<br />

dollars or to imprisonment for two years or to both.<br />

21. (1) No person other than a broker-dealer which<br />

has obtained membership to trade on a <strong>Securities</strong><br />

Exchange may trade on such exchange.<br />

(2) Any company (whether acting as a dealer for its<br />

own account as principal or as a broker for the account of<br />

another) which wishes to effect or attempts to effect any<br />

transaction or otherwise to engage in any dealing in any<br />

securities listed on a <strong>Securities</strong> Exchange with the public<br />

Trading in listed<br />

securities<br />

restricted to a<br />

<strong>Securities</strong><br />

Exchange.<br />

Clearing,<br />

settlement,<br />

depository and<br />

custody facilities.<br />

Ch. 308.<br />

Broker-dealer.<br />

[Original Service 2001]<br />

STATUTE LAW OF THE BAHAMAS

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