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Financial Markets Control Act, 1989 (Act No. 55 of 1989)

4. Restriction on Carrying On of Business of Financial Market or of Buying and Selling Listed Financial Instruments

 

 

(1) No person shall carry on or hold himself out as carrying on the business of a financial market, except under a financial market licence.

 

(2) No person shall carry on the business of buying and selling —
(a) unlisted financial instruments on a financial market on behalf of other persons or on his own account; or
(b) listed financial instruments on behalf of other persons or on his own account, unless —
(i) in the case of such buying and selling on behalf of other persons, he is a financial instrument trader;
(ii) in the case of such buying and selling on his own account, he is a financial instrument trader or financial instrument principal, or he is a person other than a financial instrument trader or financial instrument principal and the buying and selling is effected through a financial instrument trader.

 

(3) A person shall for the purposes of this Act be deemed to be carrying on the business of buying and selling financial instruments if in the opinion of the Registrar —
(a) it is a regular feature of his business to buy and sell financial instruments on behalf of other persons or on his own account; or
(b) he holds himself out as a person who carries on the business of buying and selling financial instruments.