This Act was repealed on 2007-10-29 by Securities Act, 2007.
Seychelles
Securities Industry Act
Act 22 of 1995
- Commenced on 1 February 1996
- [This is the version of this document at 30 June 2012 and includes any amendments published up to 30 June 2014.]
- [Repealed by Securities Act, 2007 (Act 8 of 2007) on 29 October 2007]
Part I – Preliminary
1. Short title
This Act may be cited as the Securities Industry Act.2. Interpretation
3. Associated person
4. Interest in securities
Part II – Securities Authority and securities advisory body
5. Securities Authority
6. Offences
7. Savings for legal practitioner
Nothing in section 5(7) shall empower the Securities Authority or another person authorised by the Securities Authority to compel the production by a legal practitioner of a document containing privileged communication made by or to the legal practitioner in that capacity or authorise the taking of possession of any such document which is in the legal practitioner's possession but if the legal practitioner refuses to produce the document the legal practitioner shall give the name and address, if known to the legal practitioner, of the person to whom or by or on behalf of whom the communication was made.8. Secrecy of information
9. Power of court to make certain orders
10. Securities advisory board
Part III – Securities exchange
11. Securities exchange
Part IV – Licensing of dealers, investment advisers and their representatives
12. Application of this Part
Where a person would but for this section be liable to pay a penalty for not being the holder of a licence, the person shall not be so liable where before the expiration of the licence the person applied for renewal of the licence until—13. Licences: Dealer's licence, dealer's representative's licence, investment adviser's licence, investment adviser's representative's licence
14. Application for licence
15. Securities Authority may impose conditions with respect to a licence
16. Conditions of restrictions on grant or renewal of licence
17. Period of licence
A licence shall be valid for such period as may be specified in the licence or as the Minister may, by regulations, prescribe.18. Notification of change of particulars
Where—19. Register of licence holders
20. Revocation of and suspension of licence
21. Appeals
22. Exempt dealer
The following specified persons or bodies corporate shall be exempt dealers—Part V – Registers of interests in securities
23. Application of this Part
24. Register of securities
25. Notice of particulars to Authority
26. Defence to prosecution
27. Production of register
28. Particulars of financial journalists
The Securities Authority or a person authorised by it in that behalf may by notice in writing require the proprietor or publisher of a newspaper or periodical to supply the Securities Authority or a person authorised by it with the name and address of the financial journalist who has contributed any advice or prepared any analysis or report that has been published in a newspaper or periodical owned or published by that proprietor or publisher or with the names and addresses of all the financial journalists who have contributed any such advice or prepared any such analysis or report within a period specified in the notice.29. Extract of register
The Securities Authority may supply a copy of the extract of a register obtained pursuant to section 27 to any person who in the opinion of the Securities Authority, should, in the public interest, be informed of the dealing in securities disclosed in the register.Part VI – Conduct of securities business
30. Certain representation prohibited
31. Issues of contract notes
32. Certain persons to disclose certain interest in securities
33. Recommendation by adviser
34. Dealing as principal
35. Dealings by employees of holders of licences
A person who is a dealer or an investment adviser shall not give unsecured credit to an employee of that person or to a person who, to the knowledge of the first-mentioned person, is associated with such an employee if—36. Dealer to give priority to clients' orders
37. Margin requirements
For the purpose of preventing the excessive use of credit for the purchase or carrying of securities by dealers or member companies, the Minister may prescribe the amount of credit that may from time to time be extended and maintained on all or specified securities or transactions or class of securities and transactions and for matters connected therewith, known as margin requirements.Part VII – Accounts - Dealers and investment advisers
1 – Dealer
38. Application of this Division
This Division applies to and in relation to the business of a dealer whether that business is carried on in Seychelles or elsewhere.39. Accounts to be kept by dealers
40. Certain moneys received by dealers to be paid into a trust account
41. Purposes for which money may be withdrawn from trust account
42. Moneys in trust account not available for payment of debts, etc.
Notwithstanding anything in any other written law, except as otherwise provided in this Division, moneys held in a trust account shall not be available for payment of the debts of a dealer or be liable to be paid or taken in execution under an order or process of any court.43. Claims and liens not affected
Nothing in this Division shall be construed as taking away or affecting any lawful claim or lien which any person has against or upon any moneys held in a trust account or against or upon any moneys received for the purchase of securities or from the sale of securities before such moneys are paid into a trust account.2 – Investment adviser
44. Application of this Division
45. Accounts to be kept by investment adviser
46. Client's money
47. Operation of trust account
48. Rights to copies of books, entries of transactions and to inspect contract notes related thereto
49. Duty to furnish Authority with such returns and information as Authority requires
A dealer and an investment adviser shall furnish such returns and provide such information relating to the dealer or investment adviser's business as the Securities Authority may require.3 – Audit
50. Application of this Division
51. Appointment of auditor
52. Duties of auditor
53. Penalty for destroying concealing or altering records or sending records or other property out of Seychelles
A person who, with intent to defeat the purposes of this Part or with intent to prevent, delay or obstruct the carrying out of any examination and audit under this Part—54. Safeguarding of records
55. Right of committee to impose obligations etc. on member companies not affected by this Part
Nothing in this Part shall prevent the committee of a securities exchange from imposing on its member companies further obligations or requirements which the committee thinks fit with respect to—Part VII – Fidelity fund
[Please note: numbering as in original.]56. Interpretation of this Part
In this Part—"committee", in relation to a fidelity fund of a securities exchange, means the committee of that securities exchange;"fidelity fund" or "fund" means a fidelity fund established under section 57;"securities exchange", in relation to a fidelity fund, means the securities exchange which established the fidelity fund.57. Establishment of fidelity fund
58. Moneys consisting fidelity fund
The fidelity fund of a securities exchange shall consist of—59. Fund to be kept in separate bank
All moneys forming part of a fidelity fund shall, pending the investment or application thereof in accordance with this Part, be paid or transferred into a bank in Seychelles.60. Payment out of fidelity fund
Subject to this Part, there shall from time to time be paid out of the fidelity fund of a securities exchange as required and in such order as the committee considers proper—61. Accounts of fund
62. Management of sub-committee
63. Fidelity fund to consist of an amount of R1 million
64. Provisions if fund is reduced below R1 million
If the fidelity fund is reduced below the sum of one million rupees or such other sum as the Minister may, by order, determine, the committee shall take steps to make up the deficiency—65. Levy to meet liabilities
66. Power of securities exchange to make advances to fund
67. Investment of fund
Any moneys in a fidelity fund that are not immediately required for its purposes may be invested by the committee in any manner in which trustees are for the time being authorised by a written law to invest trust funds or where there is no such written law, in the manner authorised by the Securities Authority.68. Application of fund
69. Claims against fund
70. Notice calling for claims against fund
71. Power of the committee to settle claims
72. Form of order of court establishing claim
73. Power of committee to require production of securities etc.
The committee may at any time and from time to time require any person to produce and deliver any securities, documents or statements of evidence necessary to support any claim made or necessary for the purpose either of exercising its rights against a member company or the directors thereof or any other person concerned or of enabling criminal proceedings to be taken against any person in respect of a defalcation, and in default of delivery of any such securities, documents or statements of evidence by such first-mentioned person, the committee may disallow any claim by the first-mentioned person under this Part.74. Subrogation of securities exchange to rights, etc. of claimant upon payment from fund
On payment out of a fidelity fund of any moneys in respect of any claim under this Part, the securities exchange shall be subrogated to the extent of such payment to all the rights and remedies of the claimant in relation to the loss suffered by the claimant from the defalcation.75. Payment of claims only from fund
Moneys or other property belonging to a securities exchange, other than the fidelity fund, shall not be available for the payment of any claim under this Part whether the claim is allowed by the committee or is made the subject of an order of the Court.76. Provision where fund insufficient to meet claims or where claims exceed total amount payable
77. Power of committee to enter into contracts of insurance
78. Application of insurance moneys
A claimant against a fidelity fund shall not have any right of action against any person or body of persons with whom a contract of insurance or indemnity is made under this Part in respect of such contract, or have any right or claim with respect to any moneys paid by the insurer in accordance with any such contract.Part IX – Trading in securities
79. False trading and market rigging transactions
80. Stock market manipulation
81. False or misleading statement etc.
A person shall not make a statement, or disseminate information, that is false or misleading in a material particular and is likely to induce the sale or purchase of securities by other persons or is likely to have the effect of raising, lowering, maintaining or stabilising the market price of securities if, when the first‑mentioned person makes the statement or disseminates the information—82. Fraudulently inducing persons to deal in securities
83. Dissemination of information about illegal transactions
A person shall not circulate or disseminate, or authorise or be concerned in the circulation or dissemination of, any statement or information to the effect that the price of any securities of a body corporate will or is likely to rise or fall or be maintained by reason of any transaction entered into or other act or thing done in relation to securities of that body corporate, or of a body corporate that is related to that body corporate, in contravention of sections 79 to 82 if—84. Employment of manipulative and deceptive devices
A person shall not, directly or indirectly in connection with the purchase or sale of any securities—85. Prohibition of dealings in securiites by insiders
86. Penalties
A person who contravenes a provision of this Part shall be guilty of an offence and liable on conviction—87. Convicted persons liable to pay compensation
Part X – Miscellaneous
88. Restriction on use of title "stockbroker" or "securities exchange"
89. Offences by directors or managers etc.
90. Falsification of records by directors, employees and agents
Any director, manager, auditor, employee or agent of a securities exchange or of a dealer or of an investment adviser, who—91. False reports to Authority or securities exchange
Any person who, with intent to deceive, makes or furnishes, or knowingly and intentionally authorises or permits the making or furnishing of, any false or misleading statement or report to the Securities Authority, a securities exchange or any officer thereof relating to—92. Immunity of Authority and its employees, etc.
A suit or other legal proceedings shall not lie against the Securities Authority or any officer or employee of the Securities Authority or any person (including a securities exchange) acting under the direction of the Securities Authority for any act done in good faith in the performance, or intended performance, of any duty, or in the exercise of any power under this Act or for any neglect or default in the performance or exercise in good faith of such duty or power.93. Offences by body corporate
Where a body corporate is guilty of an offence under this Act, any director, executive officer, secretary or employee of the body corporate who was, in any way, by act or omission, directly or indirectly, knowingly concerned in, or a party to, the commission of the offence shall also be guilty of that offence.94. Power to appoint an inspector, committee of a securities exchange or the securities advisory body to investigate trading in securities
95. Power of Court to prohibit payment or transfer of moneys, securities or other property
96. Injunctions
97. Power of Court to punish for contempt of Court
Nothing in a provision of this Act that provides—98. General penalty
A person who contravenes a provision of this Act shall be guilty of an offence and, where no penalty is expressly provided, shall be liable on conviction to a fine of R20,000.99. Proceedings by whom to be taken and power to compound offences
100. Regulations
History of this document
30 June 2012 this version
Consolidation
29 October 2007
Repealed by
Securities Act, 2007
01 February 1996
Commenced