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On The Pledging Of Financial Instruments

Original Language Title: Par finanšu instrumentu ieķīlāšanu

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Latvian Central Depository rules no. 9 concerning the financial instrument for the pledging of the Latvian Central Depository approved by the Council on 23 January 2004, in the Latvian Central Depository (the LCD) Regulations No. 9 "for pledging of financial instruments" (the rules) have been developed based on the financial instruments market law (hereinafter the law) the second subparagraph of article 94 of the seventh point.
1. the terms used in the rules 1.1. terms used in the terms and concepts that are not understood, and complies with the law in the civil law used terms and concepts.
1.2. LCD participant financial intermediary who made the holding of financial instruments that are posted to the LCD and/or the settlement of transactions in financial instruments.
1.3. Simple (non) transfers: settlement of financial instruments operations task that results in financial instruments shall be transferred from one financial instrument account to the account of the other financial instruments.
1.4. Code ISIN: internationally recognized identification number of financial instruments (English cur-International Securities Identification Number) assigned to each kind of LCD for financial instruments. ISIN code assignment in accordance with the national numbering Agency Association (Association of National Numbering agencies — Anna) standards.
2. Financial instruments the mortgage right registration procedure 2.1. If the mortgage company is not a member, then the LCD the mortgage right is registered at the LCD of the participant. The burden of financial instruments as a result of the change, but the owner does not sell financial instruments the owner (mortgage company) may only with the consent of the workers security.
2.2. If the mortgage is LCD, then the mortgage rights are posted in the mortgage operation posted LCD. the LCD open offset accounts burdened financial instruments.
2.3. the LCD from the pledge's request to make the relevant pledge donors belonging to the number of financial instruments for the benefit of the mortgage to the worker.
2.4 LCD makes the relevant financial instruments, together with a mortgage lender and mortgage workers laboured on the account statement that financial instruments are difficult for the mortgage borrower.
2.5 LCD posts encumbered assets pledged financial instruments the financial instruments account on the pledge's words, because according to the civil code, the mortgage company would retain ownership of the mortgage.
2.6. security rights strengthens the LCD only the first mortgage to the worker.
2.7. Assets pledged financial instruments cannot sell and cannot remove the burden of the consent of the workers with no collateral.
2.8. The mortgage right shall terminate if the delete claim that it provides.
2.9. State pledge of financial instruments issued rights LCD recorded only if national financial instruments issued maturity is greater than the registered mortgage right.
3. the data to be supplied as a pledge for LCD's, pledge and ieķīlājam financial instruments financial instruments pledging 3.1 task gives the mortgage originator, submit a simple LCD (non) transfer task.
3.2. in addition to the transfer order, the mortgage provider making the request to transfer the burden of financial instruments financial instruments account are required to submit the application form, the following information: 3.2.1. of mortgage and mortgage-holders: 3.2.1.1. the pledge's name and registration number, registered office, the Member code, LCD 3.2.1.2. mortgage worker name and number of the registration certificate, the registered office, the Member code, LCD 3.2.2. ieķīlājam financial instruments: 3.2.2.1. financial instrument ISIN code 3.2.2.2., the number of financial instruments, 3.2.2.3. transfer order number.
3.4. the task to remove the burden of financial instruments give the mortgage originator, submit a simple transfer of the tasks of the LCD.
3.5. in addition to the transfer order pledge the employer by submitting a request to remove the burden of financial instruments, is to be submitted in the form of the application, the following information: 3.5.1 on the mortgage and the mortgage lien of workers: 3.5.1.1. the name and number of the registration certificate, the date of the certificate of registration, registered office, the Member code, LCD 3.5.1.2. workers in the name of security and registration certificate number, date of registration certificates, legal address, participant code LCD
3.5.2. the pledged financial instruments: financial instruments code 3.5.2.1, 3.5.2.2. the number of financial instruments, a reference to their transfer 3.5.2.3. order number given, pledging financial instruments.
3.6 3.2 and 3.5 of the rules referred to in paragraph information must be approved by both parties ' signatures of the authorised persons.
3.7. If the mortgage agreement has not been fulfilled, then the mortgage worker LCD warns you about possible operations with financial instruments encumbered by submitting the following information: 3.7.1. of mortgage and mortgage security for workers: 3.7.1.1. the donor's name and registration number, registered office, the Member code, LCD 3.7.1.2. the worker's name and the registration number, registered office, the Member's code in the LCD
3.7.2. the pledged financial instruments: 3.7.2.1. financial instrument ISIN code 3.7.2.2. the number of financial instruments, 3.7.2.3. reference to the transfer order number given, pledging financial instruments.
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 these regulations shall lapse 25 June 1996 in the Latvian Central Depository Board approved LCD instruction No. 10 "on the pledging of securities (burden) and the registration procedure the LCD".