CSD-5.1 CSD-5.1 Control of Substantial Shareholding in Licensed Clearing Houses or Licensed Central Depositories
CSD-5.1.1
No
person shall enter into any agreement to acquire shares in alicensed clearing house orlicensed central depository by virtue of which he would, if the agreement had been carried out, become a substantial shareholder of thelicensed clearing house orlicensed central depository without first obtaining the approval of the CBB to enter into the agreement.Amended: April 2016CSD-5.1.2
In rule CSD-5.1.1 "substantial shareholder" means a
person who alone or together with his associates:(a) Holds not less than 5% of the equity shares in thelicensed clearing house orlicensed central depository ; or(b) Is in a position to control not less than 5% of the votes in thelicensed clearing house orlicensed central depository .Amended: April 2016CSD-5.1.3
In this section:
(a) Aperson holds a share if:1. He is deemed to have an interest in that share in terms of the Commercial Companies Law (CCL); or2. He otherwise has a legal or a beneficial interest in that share, except such interest as is to be disregarded in the terms of the CCL;(b) A reference to the control of a percentage of the votes in alicensed clearing house orlicensed central depository shall be construed as a reference to the control, whether direct or indirect, of that percentage of the total number of votes that might be cast in a general meeting of thelicensed clearing house orlicensed central depository ; and(c) An associate of anotherperson means in respect of individuals, a direct family member and in the case of a company, means the company is bound to follow the directives of the substantial shareholder, or the company in which the substantial shareholder has 20% of the votes of that company.Amended: April 2016CSD-5.1.4
The CBB may grant its approval in accordance with Paragraph CSD-5.1.1, subject to such conditions or restrictions as the CBB may deem fit.
Amended: April 2016
