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

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SECURITIES INDUSTRY [CH.363 – 19<br />

Provided that a company incorporated less<br />

than six months prior to the date of application<br />

shall provide an audited opening balance sheet;<br />

(e) a written statement of the applicant’s operational<br />

capabilities;<br />

(f) any such other information or documentation<br />

which the Commission considers important or<br />

appropriate.<br />

(2) Before registering the applicant as a broker-dealer<br />

the Commission shall —<br />

(a) be satisfied that the applicant and its principals<br />

are fit and proper persons who have and<br />

maintain a good reputation;<br />

(b) consider and if satisfied of their appropriateness<br />

taking into account the intent and purposes of<br />

this <strong>Act</strong> approve the Memorandum and Articles<br />

of Association referred to in subsection (1)(b);<br />

(c) be satisfied that the applicant’s principal<br />

business will be stockbroking and dealing in<br />

securities;<br />

(d) be satisfied that the applicant’s operational<br />

capabilities and the qualifications of the applicant,<br />

its directors, substantial shareholders and<br />

officers meet all the standards set by the<br />

Commission.<br />

(3) <strong>The</strong> Commission shall not approve or register as<br />

a broker-dealer any company which has issued bearer shares<br />

and shall require an undertaking from every broker-dealer<br />

that it shall not issue bearer shares.<br />

(4) <strong>The</strong> Commission shall have the authority to<br />

approve or deny any application for registration or may<br />

delay its decision and request additional information or<br />

documentation from the applicant as it may deem<br />

necessary or desirable.<br />

23. (1) Upon being satisfied that the provisions of<br />

this <strong>Act</strong> and the regulations have been complied with, the<br />

Commission shall register the applicant as a broker-dealer.<br />

(2) Where the Commission refuses an application<br />

for registration, it shall notify the applicant in writing of the<br />

reasons for so doing and the applicant may file an appeal in<br />

accordance with section 42.<br />

Registration.<br />

[Original Service 2001]<br />

STATUTE LAW OF THE BAHAMAS

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