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

Chapter IV : Custody and Administration of Securities

General provisions relating to custody and administration of securities

43. Pledge, or cession of securities to secure debt

 

(1) A pledge or cession to secure a debt, in respect of an interest in securities held by a central securities depository or participant or in a securities account held on behalf of a participant, must be effected by entry in the central securities account or the securities account of—
(a) the pledgor in favour of the pledgee specifying the name of the pledgee, the interest in the securities pledged and the date; or
(b) the cedent in favour of the cessionary specifying the name of the cessionary, the interest in the securities ceded and the date,

as the case may be.

 

(2) Such interest in securities may not be transferred except with the written consent of the pledgee or cessionary.

 

(3) The pledgee or cessionary of such interest in securities is entitled to all the rights of a pledgee of movable property or cessionary of a right in movable property pledged or ceded to secure a debt.

 

(4) Subsections (1), (2) and (3) also apply, with the changes required by the context, to the pledge and cession to secure a debt by one participant to another of an interest in securities held by a central securities depository in a central securities account.