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The Law In The Book-Entry Accounts

Original Language Title: Laki arvo-osuustileistä

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Law on book-entry accounts

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

Scope
ARTICLE 1

The value-share accounts of the value-share system and the legal effects of the entries made to them, as well as the liability for the liability of the accounts, are in force, as laid down in this Act.

Paragraph 2 has been repealed by L 14.12.2012/751 .

Information content of the value account account
ARTICLE 2

The value-of-account account shall be identified:

(1) the holder of the account holder and other rights holders recorded in the account recorded in the account;

(2) the type and amount of the value shares recorded in the account; (17/04/2013)

(3) the rights and limitations of the account and the valuations entered into it.

Where the rights and restrictions referred to in paragraph 1 (3) apply only to part of the value of the account recorded in the account, the value shares which are the subject of the right or restriction shall be identified in the manner prescribed by the CSD. (14.12.2012/751)

A VAT account shall indicate which account of the account holder in question. The value-share account shall be identified in a manner specified by the CSD. (14.12.2012/751)

List of rightholders
ARTICLE 3 (15.9.2000)

Holders of the rights to shares recorded in the value-entry account shall be kept at the central securities depository.

The rightholder shall be listed on the list by name and appropriate contact, payment and tax information. In addition, the rightholder has a significant Finnish identity number or, if not, an identification code in accordance with the provisions of the CSD.

List of categories of values
§ 4

The CSD shall keep a list of the value shares attached to the value-share system. (15.9.2000)

The list of values shall be included in the list of values of the value-cooperative system and of the (749/2012) Article 4 of Chapter 7 With the exception of the elements to be registered in the issue account, with the exception of the number of values. (14.12.2012/751)

Values are entered in the list by value cooperative species. Options and labelling rights shall be recognised as autonomous values when they are detached from the share, share or principal commitment as separate transferable rights.

Authorisation and access to financial services
§ 5

The book entry account may be entered in:

(1) unrestricted right to transfer value-shares from a holding or otherwise occupied in an account ( Asset management control );

(2) the right to transfer specified values from the account;

(3) the right to information on the content of the account; and

(4) the right to receive income, option or subscription, or capital abbreviation or other performance, to the value of the book entered in the account.

Notwithstanding the period of validity of the right referred to in Article 1 (1) to (3), its entry into the account holder's application shall be deleted if the account holder indicates that he has applied for information to the beneficiary of his application for the deletion of the entry.

Property management account (8.12.1995/1387)
§ 5a (14.12.2012/751)

These values may be recorded in a special book-entry account ( Asset management account ), which is controlled by the account holder on the basis of a mandate, in the case of a foreign or foreign entity or a foreign entity or foundation. In such a case, the account shall contain information on the account holder and the fact that the asset management account is involved.

The asset management account may be settled on behalf of one or more clients. The rest of this law provides for the eligibility of an account holder to be assigned to an account of the value of the accounts, including the account holder of the asset management account.

The account holder of the asset management account may be the central securities depository, central bank or accounting officer. The CSD may also accept as an account holder the credit institution or investment firm which has the right to provide the maintenance of financial instruments in Article 17 of Chapter 2 of the Law on Casual Co-operative and Settlement Systems , or any other foreign entity that is subject to adequate public oversight and whose financial capacity and administration fulfil the requirements of reliable management of the task.

Notwithstanding paragraph 1, notwithstanding paragraph 1, notwithstanding paragraph 1, a Finnish national or a Finnish Community or a Finnish entity, as referred to in Article 17 of Chapter 2 of the Law on the Cooperative System and the Settlement of Settlement Systems, The Foundation's account is governed by the values referred to in Article 3 (2) of Chapter 6 of that Act.

The securities accounts held by the account holder of an asset management account for securities held in Finland shall be governed by the law on securities accounts (12/04/2012) . If the account holder of the asset management account or the account holder of the account holder of a holding account holds a register or an account in respect of the rights of the assets, the rights of the rightholder shall be governed by the law of that State, unless the book of value accounts Or subject to the law.

Pantography and forecluse
ARTICLE 6

A value-share deposit account may be recorded in the value-entry account, but not a mortgage, and a security measure for foreclosure and asset value. This type of entry is the object of the entire value account. A separate account shall be opened for these purposes if the entry is to be limited to a part of the value of the book value account.

The letter of the law, restriction or measure referred to in paragraph 1 shall indicate the undertaking or other criterion under which the entry has been made and whether the return on value or capital is to be paid to the account holder; or The holder or the enforcement authority concerned. Unless otherwise agreed or specified, a dividend, interest or other such income shall be paid to the account holder and abbreviations, subscription and option rights, the right to a new stock and any other equity capital of the value units pledged. The holder or the enforcement authority concerned. (5.11.1993-1)

The lien on a book entry account shall not be recorded as a pledge. In addition, the value-entry account, to which a pledge has already been registered, must not be registered as a lien on the basis of another commitment. (5.11.1993-1)

§ 7 (20.1.2004)

Financial collateral law may be recognised in a book-entry account (11/2004) The contractual condition of the holder's right of control. The recording cannot be removed without the consent of the holder.

Where, under its right of control referred to in paragraph 1, the pledge holder is to dispose of or otherwise transfer ownership of the value to the value of the ownership, it shall be entered in the book of the asset of the transferor. If the holder establishes a new lien, the value-share will be transferred to his/her book-entry account to which the new pledge is recorded.

Collection
§ 8

Values which belong to two or more persons shall be recorded in an account which shall include all the co-owners.

Extradition restriction
§ 9

The value-entry account may be recorded that the value share has been disclosed, but the transfer of ownership has not yet become final in the event of an arrest or other circumstance.

ARTICLE 10

Without the consent of the rightholder concerned, without the consent of the rightholder concerned, the value shall not be transferred if the transfer is subject to the rights or restrictions entered in the account. The portion of the value added shall not be transferred from the account without the consent of the holder.

Eligibility for lodging an application for registration
ARTICLE 11

The application for registration of a value account is eligible for the presentation of the account holder, the legal representative or the estate and the transfer of the value, right or restriction recorded in the account. The co-owners shall be entitled only to submit applications for registration of an account, unless otherwise agreed.

The holder of the right to a book entry account and his successor may submit applications within the limits of his or her rights.

ARTICLE 12

The pledge shall be recorded on the application of the borrower. The registration shall be subject to written consent from the account holder.

ARTICLE 13

The output measurement and the precautionary measure shall be recorded in the notification of the relevant authority. The book may also be carried out in the book of value of the owner of the owner of the book, if the value is not recorded in the owner's book-entry account.

The bankruptcy proceedings are recorded in the bankruptcy proceedings. If the value of the debtor has not been entered in his book-entry account, the creditor of the estate may be registered in the debtor's book entry account.

Law on the restructuring of the company (47/93) Shall be recorded in the notification of the liquidator. (25.1.1993/53)

ARTICLE 14 (15.9.2000)

The imposition or limitation of the eligibility of the guardian shall be recognised by the guardian, the guardianship or the rightholder.

§ 15 (15.9.2000)

On the basis of a decision of the csd, the CIS information system may be transferred from the population information system or from the custody register to the rightholder, as well as information about his/her right to determine the value of the shares. Similar information may also be transferred from the trade register, as well as from other registers held in the Community or Foundations.

Commercial account
ARTICLE 16 (14.12.2012/751)

The securities depository, central bank, accounting officer, clearing house and settlement agent or their clients, or their clients, may be recorded in a specific book-entry account in accordance with the rules of the CSD ( Trade account ) The organisation of clearing and settlement activities, as referred to in Chapter 3 of the Law on the Cooperative Society and Clearing and Settlement Systems. The central securities depository may also accept the account holder of a trade account as an account holder within the meaning of Article 17 of Chapter 2 of that law, or any other foreign entity that is subject to adequate public oversight and whose financial Operating conditions and management fulfil the requirements for reliable management of the task.

The values of the account holder and of its clients shall not be entered in the same trading account.

The obligation on the account holder of a commercial account to keep a register of the value shares of its customers and the rights of the customer shall be subject to the provisions of the securities accounts law for the maintenance of securities accounts and the securities account Rights of the account holder. Financial supervision may provide more detailed provisions on the technical procedures to be followed in the keeping of the register and the content of the information in the register.

The lien on the value of the shares recorded in the trade account referred to in this article is governed by Article 6 of Chapter 5 of the Law on the Cooperative Society and the Settlement Procedure.

Recording procedure (15.9.2000)
Article 16a (15.9.2000)

The securities depository or other accounting entity may, on a mandate, open a book-entry account to the client.

Paragraph 2 has been repealed by L 14.12.2012/751 .

Article 16b (14.12.2012/751)

At the request of the account holder, the value account account may be transferred to the other account by the account holder. The transfer may also be made when the accounts of the accounting officer have been terminated or restricted.

The CSDs are responsible for the transfer of the CIT account in the book-entry register. The new account holder shall inform the holder of the rights to all the valuations recorded in the account.

At the request of the borrower, the VAT account may, at the request of the borrower, record the transfer of the value-entry account to which the lien is registered. In such cases, at the request of the account holder, the account shall not be transferred without the consent of the borrower.

Article 16c (15.9.2000)

The settlement is made by the account holder in the care of the account. (14.12.2012/751)

An account may also be made by an account holder, other than those referred to in paragraph 1, on behalf of the account holder. The value-entry account shall contain information on the accounting period and restrictions on the powers to record it. (14.12.2012/751)

The CSD or the clearing house may make records relating to the activities of the clearing house, as referred to in Chapter 3 of the law on the cooperative system and settlement activity, irrespective of the accounting officer in the care of the accounting officer. On the basis of the rules of the CSD, the accounting officer may, under the conditions set out in the csd, make a provisional entry into a value-entry account for the treatment of the other account. (14.12.2012/751)

The CSD may enrol in book-entry accounts with entries based on the issuer's performance, the value-share characteristics, the notification or decision of the Authority, or the transfer of data from the register maintained by the Authority. In addition, the CSD may perform a book on the maintenance of the register of values and the repair of shocks.

§ 17

The applicant shall examine the legal basis for his application.

The decision to register shall be made by marking a solution to the relevant book-entry account. Labelling must be made without delay. The time of the decision shall be entered in an account as determined by the csd. However, if the application is wholly or partly rejected or inadmissible, it shall be subject to a separate decision stating the reasons for the decision. (14.12.2012/751)

ARTICLE 18

If the explanation of the application for registration is incomplete and the application is not immediately inadmissible or rejected, the result of the initiation of the application shall be the provisional entry and invite the applicant to provide an adequate additional explanation. The applicant shall be informed of the manner in which the application is incomplete, on which date he shall be required to supplement his application and the consequences of non-compliance. If necessary, a further supplement may be given. (15.9.2000)

If the applicant does not, at the latest on the date referred to in paragraph 1, supplement his application, the application shall be inadmissible or rejected.

If, within the time limit, the applicant presents the required statement, the entry shall be deemed to have been made at the time of the provisional entry. Otherwise, the provisional entry shall be unaffected.

§ 19 (14.12.2012/751)

The CSD shall ensure that each recording is made available to your assurance, which cannot be changed retrospect. The accounting officer shall keep records of the reasons for the decision for 10 years.

The accounting officer shall keep a list of the applications submitted and rejected.

§ 20 (14.12.2012/751)

The accounting officer shall not charge any fee for the registration referred to in Articles 13 to 15.

The value-share accounts held at the expense of the CSD issuers are set out in Section 8 of Chapter 6 of the Law on the Shared Cooperative and Settlement Systems Act.

Correction of labelling
ARTICLE 21

The accounting officer may delete the entry which is clearly based on an incorrect or incomplete statement or a manifestly incorrect application of the law, and shall be re-resolved. (15.9.2000)

A prerequisite for the correction of a factual error is that all those whose right is concerned have been heard and that those whose right to repair have been undermined have given their consent.

§ 22 (14.12.2012/751)

If there is an obvious clerical error or a clerical error in the book of the CIT account, or any other error or lack of a technical malfunction, the accounting officer shall make the necessary adjustments to the labelling.

ARTICLE 23 (15.9.2000)

The correction of the error shall apply mutatis mutandis to the provisions of Article 16 c-19. If an incorrect solution or marking has been made by someone other than the accounting officer in whose care the value-share account is, the author may also correct the error.

Where a case of registration is pending before a court, it shall be informed of the outcome of the remedial action and shall provide the solution.

Tile notifications
§ 24 (14.12.2012/751)

The accounting officer shall submit at regular intervals, at least four times a year, a declaration to the account holder showing the letters after the previous notification. In addition, the accounting officer shall immediately inform the account holder of the solution referred to in Article 21. The holders of rights registered in other accounts shall be immediately informed of the settlement and the decision referred to in Article 21 if the decision concerns their right. The notices shall state the reasons for the decisions.

Each year, in good time before the end of January, the accounting officer shall provide the account holder with an account of the entries in force at the end of the previous year, unless the account holder has been agreed with the rest of the statement of account. At the request of the account holder, account shall be taken of the changes in the book-entry account during the calendar year or other financial year. The statement of account referred to in this paragraph shall be issued free of charge.

ARTICLE 25 (15.9.2000)

§ 25 has been repealed by L 15.9.2000/796 .

Legal effects of the recording
§ 26 (14.12.2012/751)

The entitlement to a book entry account, as recorded in the value-entry account and the value of the book of values, is given priority in relation to recovery and to a right which is not entered in the account. If the same value is subject to conflicting rights, the rights acquired in the past in relation to the book-entry account shall be given priority over the later entry.

Notwithstanding paragraph 1, a previous recovery or entitlement shall not be prejudiced if:

(1) the subsequent recovery or right is based on the purchase or inheritance, the merger, division or termination of the legal person, or the distribution of the common property; or

(2) at the time of recovery or the right of appeal, or in receipt of a right or of his or her entitlement to an account, whether or not he or she had known or had been informed of an earlier harvest or entitlement.

§ 27 (14.12.2012/751)

If the value or the right to do so has been handed over by someone who, according to the entries in the CIT account, was entitled to do so, the recipient's right shall not prevent the transferor from having the right to determine the value of the value, unless the recipient at the time of recovery or Whether or not he or she was entitled to or should have known about it when obtaining or receiving the right to an account.

ARTICLE 28

It is not possible to rely on the recipient of the value or the right to do so, in respect of an objection raised in Article 4 (2), which did not appear at the time of delivery of the information on the register of values, if the recipient did not know and did not: Knows about the fact. (15.9.2000)

The issuer of the value shall not be able to rely on the debtor for the purposes of paragraph 1 (622/47) Referred to in paragraph 1. However, he may rely on the fact that the value or the resulting entitlement is invalid or has been lost on the basis of the criterion referred to in Articles 16 and 17.

§ 29 (14.12.2012/751)

Where the issuer has paid a value-share payment to the person who, according to the information referred to in the list referred to in Article 3 (1) of Chapter 6 of the Act on the CIM or the Value Adds, and the list referred to in Article 3 (1), was due on the due date, or Share company law (624/2006) Chapter 4, Article 2 (3), or in accordance with the rules of the cooperative or the investment fund, on the date of the reconciliation, but it becomes apparent later that it was not entitled to take up the performance, the performance is nevertheless valid, unless: The issuer knew or had to know that the payment was due to the wrong person.

Paragraph 1 shall apply mutatis mutandis to the provision of a new value and a subscription or other entitlement to a value-entry account or, according to its separate provision, a value-share system and liquidation According to the list referred to in Article 3 (1) of the Act on the Law of the European Union, the right to a share or right was to be obtained.

Where the transmission of the payment has been entrusted to the CSD or the accounting officer, this shall apply to the provisions of the first subparagraph of the issuer. No claim may be made against the issuer of the value if this was paid in time to the CSD or to the accounting officer. The same shall apply to the granting of the share or entitlement referred to in paragraph 2.

Obligation to pay damages
ARTICLE 30 (14.12.2012/751)

Irrespective of carelessness, the accounting officer shall be obliged to reimburse the damage caused by the book-entry account in its treatment, which is caused by:

(1) the settlement of incorrect registration or correction, the entry into the value-entry account or the statement of account or any other such errors or omissions in the registration process;

(2) a technical error or an interruption of activities in the processing of information on value-related or rightholders;

(3) the unauthorised disclosure, disclosure or use of information relating to value units or rightholders; or

(4) that the accounting officer has failed to perform a value-based performance and is not due to the issuer's conduct or the fact that, according to Article 29, the accounting officer is not qualified in relation to the rightholder.

However, the damage shall not be compensated if the accounting officer can demonstrate that the damage has been caused by an unusual and unforeseeable circumstance beyond the value-share system, which the account holder could not have prevented, and which The consequences it could not have avoided with all due care.

For reasons other than those referred to in paragraph 1, the accounting officer of the damage caused by the infringement shall be liable only if the damage was committed intentionally or negligently.

ARTICLE 31 (14.12.2012/751)

As a result of the fact that the voting rights based on a share or any other value item have not been used or valued for a given price to be sold at any given time, the accounting officer shall be obliged to pay only if this export remains mild Careless carelessness.

Article 31a (14.12.2012/751)

By way of derogation from Article 30, where an incorrect solution or marking has been made by someone other than the account holder in respect of which the value-share account is held, by way of derogation from Article 30, the author is responsible.

Where the issuer has entrusted a performance-based service to a central securities depository, this liability shall be valid as to the liability of the accounting officer.

The accounting officer shall be entitled to demand that it be remunerated from a central securities depository or another accounting officer if the damage has been caused by this measure or omission or by a deficiency or defect in the part of the system maintained. The claimant may also claim compensation directly to the entity responsible for the damage.

ARTICLE 32 (15.9.2000)

Articles 9, 10 and 14 to 16 of Chapter 6 of the Law on Sharing and Settlement Systems are governed by Articles 9, 10 and 14 to 16 of the Law on Securities Settlement Systems. (14.12.2012/751)

Prior to the accident, an agreement which undermines the right of damages to compensation for an accident is ineffective.

The Court of Justice shall, on its own motion, inform the central securities depository of a dispute relating to the liability of the accounting officer, as a result of which the book fund may have a value-share system and liquidation In accordance with Article 10 of Chapter 6 of the Act on Civil Protection. (14.12.2012/751)

Provision of information on the value-share account
§ 33

The holder of the credit union account, the legal representative of the account holder, the estate of the account holder and the executor and executor of the account holder, the trustee, who is the (234/29) § 60 To draw up a list of the assets of the account holder, and the executor who has been ordered to provide an account between the account holder and the account holder of the account, or the estate of the account holder, shall be entitled to receive the valuations recorded in its account and other The facts recorded in the account.

Any person to whom the value of the shares entered in a book-entry account has been transferred or who has a lien or other limited right to an account of the values entered in an account shall be entitled to obtain information on the content of the account, in so far as the information relates to his/her The right.

Paragraph 3 has been repealed by L 15.9.2000/796 .

§ 34 (14.12.2012/751)

The CSD shall have the right to obtain copies of the documents and reports from the accounting officer of any other reports under which the entry is made into a book-entry account. As regards the value-shares referred to in Article 3 (1) of Chapter 6 of the Law on the Cooperative Society and the Clearing House, the issuer has an equivalent right to obtain information on the benefits of the value shares.

ARTICLE 35 (15.9.2000)

This law is without prejudice to the (523/1999) The right to verify the personal data of the register and to require a correction of the data.

Outstanding provisions (15.9.2000)
Article 35a (14.12.2012/751)

Compliance with this law and its provisions, regulations and regulations shall be subject to supervision by the Financial Supervisory Committee.

ARTICLES 36 TO 40

Articles 36 to 40 have been repealed by L 15.9.2000/796 .

ARTICLE 41 (15.9.2000)

Where a statement of accounts or a document containing a decision has been sent to a party or to an agent of his or her authority by post or courier, it shall be deemed to have been informed of the decision of the party, unless otherwise provided. Appear on the seventh day following the date on which the statement of accounts or the document at the address indicated by the party concerned has been issued for the delivery of the mail for the delivery of the mail, or on the date on which the document was issued.

ARTICLE 42 (15.9.2000)

§ 42 has been repealed by L 15.9.2000/796 .

More detailed provisions
ARTICLE 43

More detailed provisions on the implementation of this law shall be adopted, where appropriate, by a regulation.

Entry into force
ARTICLE 44

The entry into force of this Act is regulated by law.

HE 104/90, the bank brokers. 11/90, svk.m. 240/90

Entry into force and application of amending acts:

ON 30.12.1992/16:

This Act shall enter into force on 1 January 1993.

THEY 120/92 , LaVM 16/92

25 JANUARY 1993/53:

This Act shall enter into force on 8 February 1993.

THEY 182/92 , LaVM 15/92

5.11.1993:

This Act shall enter into force on 1 December 1993.

Before the entry into force of this Act, a recording of a pledge, a forecluse or a precautionary measure which does not reflect the undertaking given by Article 6 (2) shall be replaced by the following: Within six months of the entry into force of this Act.

THEY 136/93 , TaVM 31/93

8.12.1995/1387:

This Act shall enter into force on 15 December 1995.

THEY 98/95 , TaVM 21/95, EV 110/95

8.11.1996/820:

This Act shall enter into force on 15 November 1996.

By this law, repeal of the Law of 8 December 1995 amending the Law of 8 December 1995 (1386/95) The entry into force of the entry into force.

THEY 102/1996 , TaVM 16/1996, EV 125/1996

20.12.1996/1074:

This Act shall enter into force on 1 January 1997.

The lists referred to in Article 3 (1) shall be taken by the CSD at the latest by 31 December 1998 and the lists referred to in Article 4 (1) at the latest twelve months after the entry into force.

THEY 192/1996 , TaVM 23/1996 EV 219/1996

14.2.1997/153:

This Act shall enter into force on 1 September 1997.

THEY 89/1996 , TaVM 24/1996 EV 233/1996

8.5.1998/325:

This Act shall enter into force on 1 June 1998.

THEY 209/1997 , TaVM 1/1998, EV 16/1998

18.12.1998/993:

This Act shall enter into force on 1 January 1999.

Before the law enters into force, measures may be taken to implement it.

THEY 127/1998 , TaVM 24/1998, EV 184/1998

29.1.1999/53:

This Act shall enter into force on 1 February 1999.

THEY 202/1998 TaVM 35/1998, EV 219/1998

26.11.1999-1085:

This Act shall enter into force on 11 December 1999.

THEY 99/1999 , TaVM 10/1999, EV 56/1999, Council Directive 98/26 EC, OJ L 166, 11.6.1998, p. 45

15.9.2000/7:

This Act shall enter into force on 16 October 2000.

The book-entry accounts shall be transferred from the date of entry into force of this Act to the value register of the CSD. Previous book-entry registers operate as an accounting entity in accordance with this law until their authorisation expires in accordance with the law amending the Law on the Sharing (795/2000) In accordance with the rules of entry into force.

Prior to the entry into force of this Act, the liability of a central securities depository and a central share registry for such damage shall be subject to the provisions in force before the entry into force of this Act. Before the entry into force of this Act, the CSD may use the assets of the book fund referred to in Article 18 of the Law on the Shared Cooperative System (hereinafter referred to as Article 18 of the Act Cooperative Society), in order to compensate for the damage caused by another ad valorem controller. Liability liability.

The procedure referred to in Article 16 (b) (1) of this Act, the transfer of a value-share account to be carried out at the request of the account holder, and the procedures for registration referred to in Article 16c (2) shall be established at a later date specified in the rules of the CSD Time.

Where an adjustment has been applied for in respect of the decision of the administrator of the register of values at the time of entry into force of this Act, the proceedings before the entry into force of this Act shall be followed.

Before the entry into force of this Act, measures may be taken to implement it.

THEY 28/2000 TaVM 15/2000, EV 80/2000

28.12.2001/15:

This Act shall enter into force on 1 January 2002.

THEY 184/2001 , TaVM 22/2001, EV 218/2001

8.11.2002/925:

This Act shall enter into force on 1 December 2002.

THEY 89/2002 , TaVM 18/2002, EV 120/2002

20.1.2004:

This Act shall enter into force on 1 February 2004.

THEY 133/2003 , TaVM 9/2003, EV 121/2003

21.7.2006/633:

This Act shall enter into force on 1 September 2006.

THEY 109/2005 , TaVM (EV).

14.12.2012/751:

This Act shall enter into force on 1 January 2013.

THEY 32/2012 , TaVM 11/2012, EV 117/2012

7.3.2014/169:

This Act shall enter into force on 15 March 2014.  

THEY 94/2013 , TaVM 38/2013, HVL 43/2013, EV 4/2014