Securities Services Act, 2004 (Act No. 36 of 2004)Chapter III : ExchangesLicensing of exchange9. General requirements applicable to applicant for exchange licence |
1) | Subject to subsection (2), an applicant for an exchange licence must- |
a) | have the financial resources, and the management and human resources with appropriate experience, necessary for the operation of an exchange in terms of this Act; |
b) | have made arrangements for the proper supervision of all transactions effected through the exchange so as to ensure compliance with the exchange rules; |
c) | have the infrastructure necessary for the sustained operation of an exchange in terms of this Act; |
d) | maintain security and back-up procedures to ensure the integrity of the records of transactions effected through the exchange; |
e) | have insurance, a guarantee or compensation fund or other warranty in place to enable it to provide compensation, subject to the exchange rules, to clients; and |
f) | make provision, to the satisfaction of the registrar, for the clearing and settlement of transactions effected through the exchange and for the management of trade and settlement risk. |
2) | The registrar may, with reference to the nature of an exchange, determine to what extent an applicant must comply with the requirements referred to in subsection (1). |
3) | The registrar may prescribe any of the requirements referred to in subsection (1) in greater detail. |