Regulation (2016:69) For Central Securities Depositories And Account-Keeping Of Financial Instruments

Original Language Title: Förordning (2016:69) om värdepapperscentraler och kontoföring av finansiella instrument

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2016:69

Introductory provisions



section 1 of this Regulation shall apply for the purposes of the law (1998:1479) on securities depositories and account-keeping of financial instruments.



section 2 of the terms and expressions used in this regulation have the same meaning and scope as the law (1998:1479) on securities depositories and account-keeping of financial instruments.



Publication of information



section 3 of the financial supervision authority shall on its website to provide the information to be published in accordance with article 62 of Regulation (EU) no 909/2014 of 23 July 2014 of improved securities settlement systems in the European Union and of central securities depositories and amending Directive 98/26/EC and 2014/65/EU and Regulation (EU) no 236/2012.



Notification obligations



paragraph 4 of the financial supervision authority shall promptly inform the companies registration office, if the inspection



1. pursuant to article 16 of Regulation (EU) no 909/2014 has decided for the authorization of a central securities depository, 2. on the basis of article 20 of Regulation (EU) no 909/2014 has decided to withdraw the authorization of a central securities depository,



3. with the support of 9 Cape. section 12 of the Act (1998:1479) on securities depositories and account-keeping of financial instruments has decided that a person should no longer be a member of the Board of directors or the Managing Director or replacement for any of them in a central securities depository, or



4. with the support of 9 Cape. section 13 of the Act on the central securities depositories and account-keeping of financial instruments has decided that a person should no longer be a member of the Board of directors or the Managing Director or replacement for any of them in a designated credit institution.



Terminalåtkomst to register



paragraph 5 of the financial supervision authority may have terminalåtkomst to the CSD register kept pursuant to lagen (1998:1479) on securities depositories and account-keeping of financial instruments for the communication of information under Chapter 8. paragraph 3 of the second paragraph, the same law.



6 section competent to obtain information through terminalåtkomst is only the one with the Swedish financial supervisory authority dealing with matters under the Act (2000:1087) concerning the reporting obligations for certain holdings of financial instruments or related matters under the Act (2005:377) on penalties for market abuse in trade in financial instruments. The inspection should keep a list of which ones have such permission.



7 § When the FSA makes use of terminalåtkomst, the following information is documented in a journal, which the inspection must keep using automatic data processing: 1. who has received information through the terminalåtkomsten, 2. date on which terminalåtkomsten has been used, and 3. the case to which the intercepted material is associated.



The Swedish financial supervisory authority to check the journal on a regular basis.

Journal will be kept for at least two years.



Appropriations



paragraph 8 of the financial supervision authority may, in the case of the law (1998:1479) on investment services and financial instruments provide for



1. the processing of cases for the authorization of central securities depositories in Sweden, 2. account-keeping and other issues in accordance with Chapter 4. section 21, 3. obligation for central securities depositories, in some cases, provide notice of the account's content to the account holder in accordance with Chapter 8. 1 section, 4. obligation for central securities depositories to provide information in accordance with Chapter 8. paragraph 3(1), 5. What information must be submitted to the financial supervision authority pursuant to Chapter 9. paragraph 3 of the first subparagraph, and



6. to certain tasks according to Chapter 9. paragraph 3 of the first subparagraph shall be submitted to the financial supervision authority instead to be given to the central statistical office.



9 § Before the financial supervision authority notifies the regulations by virtue of section 8 6, the Inspectorate give the Riksbank and central statistical office the opportunity to submit their comments.