9. Authorized depository agents, issuers, etc., to comply with rules of a central depository

Terms defined in s 2

• Act

  Act

  Defined · s 2

  ―Act‖ includes any regulations made under this Act;

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• authorized depository agent

  authorized depository agent

  Defined · s 2

  ―authorized depository agent‖, in relation to any central depository, means a person appointed under section 13 to be an agent of that central depository;

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• central depository

  central depository

  Defined · s 2

  ―central depository‖ means a company approved by the Minister under section 5— Securities Industry (Central Depositories) 11 (a) to establish and operate a system for the central handling of securities, whether or not listed on any stock exchange,— (i) whereby all such securities are deposited with and held in custody by, or registered in the name of, the company or its nominee company for the depositors and dealings in respect of those securities are effected by means of entries in securities accounts without the physical delivery of scrips; or (ii) which permits or facilitates the settlement of securities transactions or dealings in securities without the physical delivery of scrips; and (b) to provide other facilities and services incidental thereto;

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• depositor

  depositor

  Defined · s 2

  ―depositor‖ means a holder of a securities account;

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• issuer

  issuer

  Defined · s 2

  ―issuer‖, in relation to any deposited security, means the public company, corporation, government, or the body, corporate or unincorporate, which issued the security, and includes any person performing the functions of a registrar or an issuing house for such issuer in respect of such security;

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• rules

  rules

  Defined · s 2

  ―rules‖, in relation to— (a) a central depository, means the rules of a central depository, and includes— (i) rules contained in the memorandum and articles of association or other constituent document of the central depository; (ii) rules to ensure compliance by its authorized depository agents, users or depositors of any obligations imposed by this Act or any other written law; (iii) rules in relation to the provision of services for the deposit, holding, transfer and withdrawal of securities, and the suspension or withdrawal of such services; (iv) rules to provide for the persons who may participate in one or more of the services referred to in subparagraph (iii); and (v) rules in respect of such other matters as are necessary or desirable for the proper and efficient operation and management of the central depository, including rules setting fees and charges; and Securities Industry (Central Depositories) 15 (b) an exchange holding company, means the memorandum and articles of association, including rules regulating the activities and conduct of the company in its capacity as an exchange holding company;

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• user

  user

  Defined · s 2

  ―user‖ means— (a) an authorized depository agent; (b) an issuer; (c) a stock exchange; (d) a body corporate acting as a clearing house of a stock exchange; or (e) such other person as may be specified in the rules of a central depository, who may be given access to a computer system of the central depository; (2) A reference to writing shall be deemed to include any mode of representing or reproducing letters, figures or marks in a visible form. (3) A reference to a security being deposited, or required to be deposited, with a central depository shall be construed as a reference to a deposit of or a requirement for the deposit of— *NOTE—This Act has since been repealed by Capital Market and Services Act 2007 which comes into operation on 28 September 2007 except Division 2 of Part VI which comes into operation on 1 April 2010–see subsection 381(2)…

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