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De-Registration Of Financial Instruments

Original Language Title: Par finanšu instrumentu dereģistrāciju

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Latvian Central Depositary Regulation No. 10 for de-registration of financial instruments approved by the Latvian Central Depository Council meeting of 23 January 2004, in the Latvian Central Depository (the LCD) Regulation No 10 "de-registration of financial instruments" (hereinafter referred to as the rules) developed based on the financial instruments market law (hereinafter the law) the second subparagraph of article 94 points.
1. the terms used in the rules 1.1. terms used in the terms and concepts that are not understood, comply with statutory used terms and concepts.
1.2. Financial intermediary, investment firm or a credit institution which has a license for the provision of investment services or activities of a credit institution established in a Member State of the investment firm or credit institution established in a Member State which prescribed by law is entitled to initiate the provision of investment services or activities of a credit institution registered in a foreign company, which provides investment and law have the right to take possession of the financial instruments.
1.3 LCD participant financial intermediary who made the holding of financial instruments, which are posted in the LCD, and/or the settlement of transactions in financial instruments.
1.4. the original register (hereinafter "SR) — a list of people who got the rights to one of the issuer's financial instruments allow the initial deployment.
1.5. De-registration: financial instruments accounting from SRI to the financial instruments accounts opened at the LCD participants.
2. General provisions 2.1 the De-registration of an object and the unit is on the person's name, SRI posted one emission fungible financial instruments and all rights arising, but are separated from these financial instruments and within the SR.
2.2. the De-registration process, participants must: 2.2.1. the person to whom the name of financial instrument are posted which proposes SR. and de-registration process, designing the de-registration request;
2.2.2. the LCD that accounting system is moved financial instruments;
2.2.3. the organizer of the SR, which SR are listed sorted dereģistrējam financial instruments;
2.2.4. LCD; 2.2.5. financial instrument for the recipient (the person to whom the financial instruments account are transferred as a result of de-registration of financial instruments) in the case of the de-registration of financial instruments during the seizures.
2.3. the De-registration process participants LCD rules are mandatory and binding.
2.4. the organizer shall take all of the SR in these provisions in certain operations to ensure the de-registration process.
2.5. Dereģistrējamo financial instruments: the rights to complete de-registration 2.5.1. the person in whose name the financial instruments are booked, there are only to vote the SR financial instruments owners meeting. Financial instruments in a public market of recycling may take place only after the de-registration. This means that the person in whose name the financial instruments are booked, the SR is not disposed of, as well as perform other operations with financial instruments;
After the completion of the de-registration 2.5.2. financial instruments booked in the accounts at the LCD, and a member of the financial instruments the owner can fully realize the rights attaching to his financial instruments owned (sell, pledge, to receive dividends, to subscribe to a new issue of financial instruments, and perform other operations);
2.5.3. LCD members by posting the financial instruments account owner realizes the financial instrument events may still be marketed;
2.5.4. the amount of money that should be granted to persons to whom the name of financial instrument are posted to the SR, financial instruments events lists SR parallel financial instruments account on the open cash account. The accumulated amount of money can be received only after completion of the de-registration.
2.6. principles of De-registration: 2.6.1. all emission atvietojamo financial instruments to which its name posted in SRI dereģistrē to only one can step in and fully to one financial instrument account;
2.6.2. the De-registration process is irreversible, except if the de-registration process is due to an error or a financial instrument where the recipient is not entitled to any financial instruments dereģistrēto, and therefore requires financial instruments dereģistrēto re-booked SR;
2.6.3. all rights are clear, but is separated from the dereģistrējam financial instruments and located in SRI, dereģistrēj automatically with financial instruments (do not need a separate request for de-registration);
2.6.4. the person in whose name the financial instruments are booked: 2.6.4.1. can dereģistrē SR financial instruments on its own account in financial instruments;
2.6.4.2. the disposal of the financial instruments, dereģistrē of financial instruments to another person's account of financial instruments;
2.6.5. If the person in whose name the financial instruments are not posted to the SR, want to even to propose a de-registration of financial instruments, it shall be subject to the presentation of a contract with the person in whose name the financial instruments are posted to the SR, which is precisely the subject of the transaction or other document certifying the person's right to financial instruments that are posted to the SR.
2.7. Special account for de-registration plan: 2.7.1. de-registration process for SR organizer uses a special account plan: account group 01 (active) — the kind of financial instrument, the amount of the account group 02 (passive): financial instruments dereģistrējam, account group 03 (passive): dereģistrēt financial instruments;
2.7.2. SR records are sorted independently of the economic balance of the organizer of the SR. Count is carried out in accordance with the provisions of no. 3 LCD "on the accounting of financial instruments and financial instruments execution of events" separately for each kind of financial instruments;
2.7.3. the organizer shall continuously provide the SR's balance between 02 account group listed financial instruments and financial instruments that are posted, as well as between the SR 02 and 03 in the account group financial instruments listed total and financial instruments, which are considered as the account group. 01
2.8. Exchange of information: 2.8.1. de-registration process data exchange is done through the following documents: request for de-registration, 2.8.1.1. the LCD participants, on the basis of the recipient's financial instruments of applications submitted;
2.8.1.2. de-registration transfer task, which shall be drawn up and approved by the Organizer, the SR LCD (on the basis of this document, shall keep accounts of the financial instruments account);
2.8.1.3. the transfer refusal de-registration, which draws up the LCD or SR Organizer errors or data in the event of non-compliance.
2.8.2. document exchange de-registration process is the following: where, 1 — send a request for de-registration LCD, 2 — send a request for de-registration SR. Organizer;
3: the sending of the transfer task de-registration LCD; 4 — approved de-registration order receipt from a refusal of the LCD; send/receive.
2.9. maximum time limits De-registration: 2.9.1. maximum period of de-registration is 15 working days, starting from the moment when the de-registration request is passed to the participant, except the LCD to provision in paragraph 2.9.2 and 2.9.3 means;
2.9.2. the maximum period of de-registration is 5 working days if the SR is a member of the Organizer, at which the LCD is open account is moved as a result of de-registration of financial instruments;
2.9.3. the maximum period of de-registration is 5 working days if the organizer's LCD. SR 2.10. If you made an error or de-registration of financial instruments, the recipient is not entitled to any financial instruments dereģistrēto is repeatedly post the necessary financial instruments SR. LCD, which records the de-registration, carried out the transfer form, as the beneficiary of the account including: LCD participant code SR 0003 activity 05 08 Recipient account account ID number or registration number of the person in whose name the shares are registered in the SR.
3. the De-registration procedures 3.1 this chapter details the operations to be performed by the participants of the process of de-registration.
3.2. Operations carried out by a person, the dereģistrēj financial instruments: submit a request for de-registration 3.2.1, indicating the account to which you want to dereģistr the financial instruments. If you are dereģistrēt in emissions of different financial instruments, must submit a request for de-registration, so much as financial instruments dereģistr emissions;
3.2.2. If the de-registration process occurs in the disposal of financial instruments, de-registration request you fill out the beneficiary of financial instruments, production of documents rule 2.6.5. in accordance with the procedure laid down in paragraph 1;
3.2.3. when submitting a request for de-registration, you can specify the amount of financial instruments;
3.2.4. de-registration request for grant participants numbering with LCD LCD pre-set numbers.
3.3. operations carried out LCD: LCD members checks 3.3.1 3.3.1.1. de-registration request: aggregate identity data, compliance with the financial instruments of the recipient's personal data;
3.3.1.2. the application of fillers or de-registration has opened a money account and financial instruments account;

3.3.1.3. If a request for de-registration by a person in whose name the financial instruments are not posted to the SR, the participant must check the LCD with the document out of the de-registration of financial instruments;
3.3.2. provide proof of de-registration de-registration of applicant's acceptance;
3.3.3. LCD participant transfers LCD de-registration request not later than 1 working day after receiving it;
3.3.4. If the LCD itself is a member of the Organizer, it also performs the SR all the provisions referred to in paragraph 3.3. operations and form a de-registration transfer task file, the application file location de-registration. De-registration transfer task must be passed to the LCD not later than 2 working days after receipt of the request for de-registration;
3.3.5. LCD member receives from the LCD to the de-registration of transfer tasks approved and account statement. LCD participants on the same day made the operation log, records the main book and balance sheet financial instruments (posting date is specified in the notification of account status).
Example: a/s ABC share (the total amount of emissions is 10 000 shares), code, 25 shares de-registration 12500 from SR on the financial instruments account no. 101 at the LCD to the code member 0921. Issuer granted participant code 5555. LCD accounting for financial instruments at the LCD: 3.3.6 participants. In the case of the de-registration of a person's name, financial instruments are not posted to the SR, an account by wire transfer order receipt de-registration LCD member checks or the dereģistrēt financial instrument quantity corresponds to the amount of the financial instrument specified in this provision in that document. 2.6.5.
3.3.7. where is dereģistrēt more of a financial instrument than a person due, need to post financial instruments in accordance with the rules of the SR in paragraph 2.10.
3.3.8. LCD participant receiving the financial instruments account marks on restrictions for disposal of financial instruments (if any is specified or required).
3.3.9. LCD LCD members deadline distributes all financial instruments events: 3.3.9.1. including cash account dividends or other sums of money due the recipient of financial instruments in accordance with the financial instruments events which have been assigned to the dereģistrējam financial instruments;
3.3.9.2. offsetting of financial instruments in the financial instruments account, arriving in the recipient of financial instruments in accordance with the financial instruments events which have occurred up to the time of de-registration;
3.3.9.3. inform the recipient of the financial instruments for all financial instruments events that are related to the dereģistrēt financial instruments.
3.3.10. Member rules of 3.3.5 LCD after 3.3.6 3.3.7, and operation referred to in paragraph due 3 business days provide a financial instruments account statement is issued to the beneficiary.
3.3.11. If a member receives from the LCD LCD transfer refusal de-registration, he should carry out the operation to fix errors. LCD participants checked and compared this data in the document with the source documents and, if a test found that: 3.3.11.1. the error occurred at the LCD participants creating the de-registration request file, then LCD participant date of receipt of the refusal of de-registration, the error corrected and repeated a request for de-registration give execution LCD; 3.3.11.2. error when completing a request for de-registration, then a member of the LCD de-registration date of receipt of notice of the de-registration of the applicant. In this case the de-registration request is held to be invalid, and the financial instrument for the recipient to fill out a new request for de-registration.
3.4. The operations that take SR Organizer: 3.4.1. SR. organizer receives a request for de-registration. On the same day, the agent checks the de-registration of the SR's request, comparing it with the SR data. Identification data: 3.4.1.1. for natural persons — social security number, or other identification number, legal persons – registration number. If it does not allow to identify the person clearly must also verify the last name and first name, legal name;
3.4.1.2. date of registration (for legal persons only);
3.4.1.3. financial instrument quantity (if it is specified in the request for de-registration);
3.4.1.4. the issue of financial instruments.
3.4.2. SRA Organizer made SR mark at dereģistrējam financial instruments: financial instruments de-registration "and fill in the de-registration of financial instruments transfer task. If you are dereģistrēt different set of financial instruments financial instruments create so many transfers of tasks, de-registration as fungible financial instruments financial instruments are dereģistrēt.
3.4.3. SR. Organizer consists of money or transfer of financial instruments, if the financial instruments or amounts of money to be awarded to a recipient of financial instruments financial instruments events, and no later than next week, the first working day sent them out, LCD. 3.4.4. SRI Organizer passes the de-registration transfer task LCD not later than two working days after receipt of the application for de-registration.
3.4.5. If the de-registration request information is incorrect, SR. Organizer forms a de-registration transfer denial. This document must be briefly explained the nature of the request for de-registration errors. If the data exchange is carried out by courier, the refusal of de-registration is created by making a mark on the de-registration request. The refusal to transfer the de-registration LCD not later than one working day after receipt of the application for de-registration.
3.4.6. SR. organizer receives from LCD confirm de-registration of financial instruments transfer task and account statements, and on the same day, the following postings (posting date is presented in the statement of account): 3.4.6.1. record SR — "dereģistrēt of financial instruments".
3.4.6.2. record the operation log, main book and balance sheet financial instruments: example: a) if the issuer the same sort of financial instrument of your SR emissions: (b) if the issuer of the card) SR agent with the assigned code: 0901 LCD 3.4.7. If the organizer receives from the SR LCD de-registration, he performed the surgery to fix errors. SR. Organizer checks the data in this document, correct the error and resubmit form the de-registration transfer task.
4. Final provisions 4.1. measures shall enter into force on the day following their publication in the newspaper "journal".
4.2. With the entry into force of the power lose of 16 June 1995 of the Latvian Central Depository Board meeting approved LCD instruction No. 4 "for de-registration of securities" and 16 April 1997 and 25 March 1998 at the changes.