Chương II Thông tư 05/2015/TT-BTC: Đăng ký hoạt động lưu ký chứng khoán

Chapter II

REGISTRATION OF SECURITIES DEPOSITORY

Article 3. Conditions for registration of securities depository

Conditions for registration of securities depository shall be carried out under the provisions of Article 48 of the Securities Law.

Article 4. Application for securities depository and branches of securities depository
1. Application for securities depository of securities companies, commercial banks shall include:

a) A securities depository registration form ( Appendix I enclosed herewith this Circular);

b) A copy of establishment and operation License;

c) A written description of facilities serving securities deposit ( Appendix II enclosed herewith this Circular);

d) A financial statement audited in the most recent year, except for newly established securities companies or commercial banks.

2. After SSC grants the Certificate of securities deposit registration, the securities company or commercial bank shall register the securities depository for one (01) or some of its branches . Application for securities depository of branches of securities companies or commercial banks shall include:
a) A copy of the Certificate of securities deposit registration granted by SSC to securities companies or commercial banks;

b) A written registration of securities depository ( Appendix III enclosed herewith this Circular);

c) A written description of facilities serving securities deposit at branches ( Appendix II enclosed herewith this Circular);

d) A power of attorney of securities depository branches( Appendix IV enclosed herewith this Circular);

Article 5. Procedures for registration and commencement of securities depository

1. The application prescribed in Article 4 of this Circular shall be made in one (01) original set and submitted directly or sent by post to SSC.

2. Within fifteen (15) days from the date of receipt of a satisfactory application, SSC shall grant the Certificate of securities deposit registration to securities companies, commercial banks . If the application is rejected, SSC must make a reply in writing and clearly state the reason

3. Within ten (10) days from the date of receipt of a satisfactory application, SSC shall grant the approval decision to the branches of securities companies or commercial banks for securities depository. If the application is rejected, SSC must make a reply in writing and clearly state the reason

4. Within twelve (12) months from the date of being granted the Certificate of securities deposit registration, securities companies, commercial banks must carry out the procedures for registration of depository member at VSD and commence their operations

Within three (03) months after its branch is granted the Certificate of securities deposit registration, the securities company or commercial bank must carry out the procedures for registration of securities depository branches to VDS

Article 6. Suspension and revocation of Certificate of securities deposit registration, termination of securities depository of branches of securities companies or commercial banks

1. SSC shall suspend and revoke the Certificate of securities deposit registration of securities companies or commercial banks as defined in Article 51 of the Securities Law

2. The SSC shall terminate the securities depository of branches of securities companies or commercial banks in the following cases :

a) The Certificate of securities deposit registration granted by SSC of securities companies or commercial banks is revoked;

b) securities companies or commercial banks do not register the securities depository branches at VSD as prescribed in clause 5, article 5 of this Circular;

c) The securities company or commercial bank voluntarily terminates the securities depository in its branches ;

d) The Certificate of securities deposit registration granted by SSC of the branches is revoked;

dd) The branch terminates its operation

3. The securities company or commercial bank shall bear full responsibility to customers, investors if its branch's securities depository is terminated;