Securities Services Act, 2004 (Act No. 36 of 2004)

No. and year of act

Short title

Extent of amendment or repeal

Act No. 1 of 1985

Stock Exchanges Control Act, 1985

The repeal of the whole.

Act No. 55 of 1989

Financial Markets Control Act, 1989

The repeal of the whole

Act No. 85 of 1992

Custody and Administration of Securities Act, 1992

The repeal of the whole.

Act No. 135 of 1998

Insider Trading Act, 1993

The repeal of the whole.

Act No. 97 of 1990

Financial Services Board Act, 1990

The amendment of section 1—

"a) by the substitution in the definition of "financial institution" for subparagraph (v) of paragraph (a) of the following subparagraph:

"(v) any "[stock] exchange", ["member" or] "authorised user", "stock-broker", "settling party", "clearing house", "central securities depository", "participant" or "nominee" as defined in section 1 of the [Stock Exchanges Control] Securities Services Act, [1985 (Act No. 1 of 19851 2004 [or any person referred to in section 4(1) of that Act managing investments as contemplated in that section];";

b) by the deletion in the definition of "financial institution" of subparagraphs (vi) and (xi) of paragraph (a).

Act No. 61 of 1973

Companies Act, 1973

1 . The amendment of section 91A

a)by the substitution in subsection (1) for— "(i) the definition of "central securities depository"of the following definition:

"central securities depository" means a

central securities depository as defined in section 1 of the [Custody and Administration of Securities Act, 1992 (Act No. 85 of 1992)] Securities Services Act. 2004;";

(ii) the definition of "participant" of the following definition:

"participant" means a [depositary institution accepted by a central securities depository as a participant in terms of the Custody and Administration of Securities Act, 1992 (Act No. 85 of 1992)] participant as defined in section 1 of the Securities Services Act, 2004;"; and

(iii) the definition of "uncertificated securities" of the following definition:

uncertificated securities as defined in section [1] 29 of the [Stock Exchanges Control Act, 1985 (Act No. 1 of 1985)]

Securities Services Act, 2004, which are entered in the relevant company’s register of members as uncertificated securities [by virtue] in terms of [this] &section (3)(a) [transferable without a written instrument and are not evidenced by a certificate].";

" uncertificated securities" means

(b) by the insertion in subsection (1) after the definition of "central securities depository" of the following definition:

"certificated securities" means certificated securities as defined in section 29 of the Security Services Act. 2004;";

(c) by the substitution for paragraph (b) of subsection (2) of the following paragraph:

"(b) Where any provision of this Act is not expressly or impliedly amended by this section, this Act shall apply in respect of uncertificated securities in the same manner as it applies to certificated securities [in certificated form].";

(d) by the substitution in the Afrikaans text of section 91A for the expression "ongesertifiseerde effekte", wherever it occurs, of the expression "ongesertifiseerde sekuriteite";

Act No. 24 of 1936

Insolvency Act, 1936

The amendment of section 35A by the substitution in subsection (1) for—

(a) the definition of "exchange" of the following definition:

"exchange" means [a licensed stock] an exchange as defined in section 1 and licensed under section 10 of the [Stock Exchanges Control Act, 1985 (Act No. 1 of 1985), or a financial exchange] Securities Services Act, 2004, and for the purposes of this section includes a central securities depository as defined in section 1 of that Act and which is also licensed as a clearing house under section 66 of that Act, or a clearing house as defined in section 1 of [the Financial Markets Control Act, 1989 (Act No. 55 of 1989) that Act;

(b) the definition of "market participant" of the following definition:

"market participant" means [a stockbroker or a member as defined in section 1 of the Stock Exchanges Control Act, 1985, or a financial instrument principal or a financial instrument trader as defined in section1 of the Financial Markets Control Act, 1989, or a client of such a stock-broker, member or financial instrument trader] an authorised user, a participant. a client or a settling party as defined in section1 of the Securities Services Act, 2004, or any other party to a transaction;";

c) the definition of "rules of an exchange" of the following definition:

"[rules of an exchange] "exchange rules " means [rules made pursuant to either section 12 of the Stock Exchanges Control Act, 1985, or section 17 of the Financial Markets Control Act, 1989] the exchange rules and depository rules as defined in section 1 of the Securities Services Act, 2004;".