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Securities Services Act, 2004 (Act No. 36 of 2004)

Chapter IV : Custody and Administration of Securities

Functions of central securities depository

33. Functions of central securities depository

 

A central securities depository —

(a) must enforce the depository rules;
(b) may amend or suspend the depository rules in terms of section 61;
(c) must supervise compliance by participants with this Act and the depository rules;
(d) may issue directives;
(e) may hold all securities of the same kind deposited with it by a participant collectively in a separate central securities repository;
(f) must maintain a central securities account with due regard to the interests of the participant and its clients;
(g) must notify a participant in writing or as otherwise agreed to by the participant of an entry made in the participant’s central securities account;
(h) must balance and reconcile the aggregate of the central securities accounts with the records of the relevant issuer —
(i) in respect of each kind of certificated security, not less than once every six months;
(ii) in respect of each kind of uncertificated security—
(aa) if that aggregate has not changed, not less than once every month;
(bb) if that aggregate has changed, on the business day after such change;
(i) must administer and maintain a record of uncertificated securities deposited with it;
(j) is entitled to access to the records of uncertificated securities administered and maintained by its participants;
(k) may be appointed as a clearing house by an exchange if the central securities depository is licensed as a clearing house under section 66;
(l) must disclose to participants and issuers the fees and charges required by it for its services;
(m) must on request disclose to—
(i) the registrar information about the securities held by a participant in a central securities account;
(ii) an issuer information about the securities issued by that issuer and held by participants in central securities accounts;
(n) must, if a participant ceases to be a participant, notify the registrar thereof as soon as possible; and

(o)must conduct its business in a prudent manner and with due regard to the rights of participants, clients and issuers.