Financial Markets Act, 2012 (Act No. 19 of 2012)Chapter II : Preliminary Provisions5. Powers of the Minister |
| (1) | The Minister may prescribe, in accordance with section 107(2),— |
| (a) | requirements for the regulation of unlisted securities; |
| (b) | a category of regulated persons, other than those specifically regulated under this Act, if the securities services provided. and the functions and duties exercised, whether in relation to listed or unlisted securities, by persons in such category, are not already regulated under this Act, and if, in the opinion of the Minister, it would further the objects of the Act in section 2 to regulate persons in such categories; |
[Section 5(1)(b) substituted by section 290, item 6(a) of Schedule 4, of the Financial Sector Regulation Act, 2017 (Act No. 9 of 2017), Notice No. 853, GG 41060, dated 22 August 2017 - effective 9 February 2018 (Notice R. 99, GG 41433, dated 9 February 2018)]
| (c) | the securities services that may be provided and the functions and duties that may be exercised by an external authorised user, external exchange, external participant, external central securities depository, external clearing house, external clearing member, external central counterparty or external trade repository, as the case may be. |
[Section 5(1)(c) substituted by section 290, item 6(a) of Schedule 4, of the Financial Sector Regulation Act, 2017 (Act No. 9 of 2017), Notice No. 853, GG 41060, dated 22 August 2017 - effective 9 February 2018 (Notice R. 99, GG 41433, dated 9 February 2018)]
| (2) | An external authorised user, external exchange, external participant, external central securities depository, external clearing house,or external clearing member may only provide those securities services or exercise functions or duties, as the case may be, prescribed by the Minister in terms of subsection (1)(c). |
[Section 5(2) substituted by section 290, item 6(b) of Schedule 4, of the Financial Sector Regulation Act, 2017 (Act No. 9 of 2017), Notice No. 853, GG 41060, dated 22 August 2017 - effective 9 February 2018 (Notice R. 99, GG 41433, dated 9 February 2018)]
| (3) | In performing the Minister’s functions, the Minister must take into account the objects of the Act and the principle that competition between regulated persons should not be impeded or distorted. |