The Disclosure of Information, Data and Records of the Securities Depository Center

Instructions on the Disclosure of Information, Data and Records of the Securities Depository Center for the Year 2003 Issued Pursuant to Article (83/A) of the Securities Law No. (76) for the Year 2002

   

Article (1)

These Instructions shall be called the “Instructions on the Disclosure of Information, Data and Records of the Securities Depository Center for the Year 2003” and shall come into effect as of 5/10/2003.

   

Article (2)

A-

The following words and expressions used in these Instructions shall have the meanings ascribed thereto hereunder unless the context indicates otherwise:

 

The Law

:

The Securities Law in force.

 

The Commission

:

The Securities Commission.

 

The Board

:

The Board of Commissioners of the Commission.

 

The Center

:

The Securities Depository Center.

 

The Market/Stock Exchange

:

The Amman Stock Exchange or any trading market in securities licensed by the Commission.

 

The Board of Directors

:

The Center’s Board of Directors.

 

The Chief Executive Officer

:

The Center’s Chief Executive Officer.

 

The Members

:

A public shareholding company, public issuer, broker, custodian and any entity determined by the Board.

 

B-

The words and expressions not defined in these Instructions shall have the meanings assigned to them in the Law unless the context indicates otherwise.

 

 

 

Article (3)

A-

The following information, data and records shall be considered confidential by virtue of their nature:

 

1.

The registers of owners of securities deposited at the Center, any data regarding the owners of securities, the amount of their ownership and the restrictions imposed thereto.

 

2.

The information and data received by the Center from the Market regarding the details of the trading transactions executed through the Market.

 

3.

The information and data regarding the transfer of ownership transactions executed directly by the Center.

 

4.

The information and data regarding cash settlement of trading transactions conducted by the Center.

 

5.

The information and data regarding clients of the Center’s Members that are licensed as financial brokers, dealers or custodians, their securities accounts, balances and movements executed thereto.

 

6.

The information, data and records that are considered confidential by their nature and that are viewed by the authorized employees of the Center while performing inspections of the Members’ records.

 

7.

The information, data, records and documents provided to the Center by governmental entities, the Commission, the Market, the Members or any other entity which are considered confidential by that entity.

 

8.

The Board of Directors’ deliberations and decisions.

 

B-

Notwithstanding the provisions of Paragraph (A) of this Article, the following entities shall be authorized to view the information, data and records stated in Paragraph (A) of this Article.

 

1.

The Board of Directors in respect of any information and data related to any matter included in its meeting’s agenda which enable the Board of Directors to take the appropriate decision regarding that matter.

 

2.

The Chief Executive Officer and the Center’s employees authorized by him to enable them to perform their tasks and duties.

 

C-

The Board of Directors upon the Chief Executive Officer’s recommendation may consider any other information, data or records confidential or lift the confidentiality of any information, data or records mentioned in Paragraph (A) of this Article.

     
Article (4) A-

The Commission shall have the right to view the data, information and records mentioned in Paragraph (A) of Article (3) which enables it to perform its responsibilities in accordance with the provisions of the Law.

  B-

The Board of Directors upon the Chief Executive Officer’s recommendation may provide any of the data, information and records mentioned in Paragraph (A) of Article (3) to the exchange upon its written request, and to the extent that enables it to perform its responsibilities in accordance with the provisions of the Law.

  C-

The Chief Executive Officer may provide any data, information and records related to the owners of securities to the official or public entities upon their written request, for the purposes of performing the duties assigned to such entities but subject to the public interest requirements.

  D-

The Board of Directors upon the Chief Executive Officer’s recommendation may provide entities that have entered into an agreement with the Center with information or data that is considered confidential for the purposes of performing the duties assigned to such entities but subject to the public interest requirements.

 

 

Article (5)

The Chief Executive Officer or whomever he authorizes in writing may directly provide confidential information and data to the competent judicial authorities in relation to any existing case following a court decision to this effect.

 

 

Article (6)

The Chief Executive Officer may provide any information or data regarding owners of securities to the General Controller of Companies following a written request or in the framework of memorandums of understanding and mutual cooperation.

   

Article (7)

A-

The issuer of securities shall have the right to view the information, data and records maintained by the Center related to such issuer or the owners of its securities and is entitled to obtain a copy of them.

 

B-

The broker or custodian shall have the right to view the information, data and records maintained by the Center related to such broker or custodian or any of its clients and insofar as these information, data or records concern it.

 

C-

The owners of securities deposited at the Center shall have the right to view the data related to them or their ownership of securities and obtain statements or documents regarding their ownership.

 

 

 

Article (8)

A-

The Chief Executive Officer or whomever he authorizes in writing may publish the following information and data:

 

1.

The names of the Center’s Members and their addresses.

 

2.

The securities registered at the Center, their status, numbers, figures and ISINs allocated by the Center.

 

3.

The Center’s annual financial statements audited by the Center’s auditor.

 

4.

The statistical data related to corporate actions.

 

B-

The Chief Executive Officer or whomever he authorizes in writing may disclose the information and data mention in Sub-Paragraphs from (1) to (5) in Paragraph (A) of Article (3) of these Instructions in an accumulated statistical method provided that such disclosure should not infringe the confidentiality of those information and data.

 

Article (9)

A-

The public may view the information and data mentioned in Article (8) of these Instructions and may obtain a copy in return for a fee.

 

B-

The Chief Executive Officer or whomever he authorizes in writing may provide the Market or any Arab or foreign institution specialized in the capital market with the information requested by it, in the framework of mutual coordination and cooperation but subject to the public interest requirements.

     

Article (10)

The Chief Executive Officer or whomever he authorizes in writing may disclose information and data which he is authorized to disclose by virtue of these Instructions and publish them in the way he deemed appropriate including publishing on the Center’s website or any other information network and the Center may cooperate with any other institution to publish such information and data.

   

Article (11)

A-

The Board of Directors, their representatives, the Chief Executive Officer, the Center’s employees, the legal advisor, the Center’s auditors or any other person or entity are prohibited from:

 

1.

Disclosing information, data and records that are considered confidential by virtue of these Instructions.

 

2.

Taking advantage of any information and data referred to in Sub-Paragraph (1) of Paragraph (A) of this Article to gain any material or moral gains for himself or for others under legal responsibility according to the laws, regulations and instructions in force.

 

B-

The prohibition stated in Paragraph (A) of this Article shall remain valid even after the termination of the membership of a member of the Board of Directors or after any person mentioned in Paragraph (A) of this Article has left his job.

     

Article (12)

The Board of Directors may issue the necessary decisions to implement these Instructions.


201712

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