2009-01-01
The Palestine Monetary Authority issued Circular No. 79/2009 to mandate compliance with the Palestine Securities Exchange's updated procedures for pledging and unpledging shares, effective 16 August 2009. The directive requires all operating banks to adhere to specific documentation, authentication, and execution protocols, including judicial deeds for non-bank pledgees and strict restrictions on minor shareholders' inherited assets. It further outlines operational rules prohibiting unilateral sales by pledgees, mandating court orders for default liquidation, and detailing step-by-step verification workflows for the Depository and Clearing Center staff.
Quality and Restructuring Department
Procedure Name: Pledging and Unpledging
Procedure Number: CDS-19
Procedure Definition: Placing/removing a pledge flag upon the request of the "Pledgor" investor on a number of their shares submitted as collateral for a debt (the Bank) in exchange for obtaining the loan.
Documents and Records:
Conditions and Rules:
Depository and Clearing Department Procedures Manual 2009-07-29 Page 74 of 47
Quality and Restructuring Department
Procedure Name: Pledging and Unpledging
Procedure Number: CDS-19
Procedure Definition: Placing/removing a pledge flag upon the request of the "Pledgor" investor on a number of their shares submitted as collateral for a debt (the Bank) in exchange for obtaining the loan.
Documents and Records:
Conditions and Rules:
Depository and Clearing Department Procedures Manual 2009-07-29 Page 74 of 47
Quality and Restructuring Department
| Responsible Party | Execution Steps |
|---|---|
| Pledgor | 1. If the pledgee is a bank, the pledgor fills out and signs the share pledge request form, and the pledgee signs their portion of the pledge request form.<br>2. If the pledgee is not a bank, the form is authenticated by the notary public after being filled out and signed by both parties (pledgor, pledgee). If this is not possible, the pledgor issues a judicial pledge deed authenticated according to regulations by the notary public.<br>3. The following documents are attached to the request or original pledge deed:<br>• Copy of the pledgor's identification document<br>• Share ownership certificate or ownership notice, if issued by the listed company.<br>• Clearance certificate from the securities company or the listed company.<br>• Slip/bank deposit receipt for the share pledge commission.<br>4. The pledgor sends the pledge request and attachments to the Depository and Clearing Center to execute the share pledge transaction. |
| 5-2 Verify that all necessary attachments are present with the request.<br>5-3 The pledgor deposits the share certificates (if available).<br>6. Use the system to execute the pledge transaction via the "Pledges" screen in the Depository and Clearing Center system.<br>7-1 Place the pledge flag on the shareholders' page in the system's shareholder register.<br>7-2 Prepare the pledge reference letter to the relevant party according to the case.<br>7-3 The pledgor transfers the pledge request and pledge letter to the Department Head or Director for authentication. | |
| Department Head | 7. Receive the pledge request and attachments and do the following:<br>1-7 Verify that attachments are complete.<br>2-7 Verify the correctness of the pledge commission calculation and its proper payment.<br>3-7 Verify the correctness and completeness of the pledge request form data compared to the attachments.<br>4-7 Verify the correct entry of the pledge request into the system and the presence of the pledge flag on the shareholder's (pledgor's) page.<br>5-7 The pledgor authenticates the pledge transaction.<br>6-7 The pledgor reviews and signs the pledge letter.<br>7-7 The pledgor transfers the request to the Center Auditor. |
Depository and Clearing Department Procedures Manual 2009-07-29 Page 74 of 48
Quality and Restructuring Department
| Center Director | 8. Receive the pledge request and attachments and do the following:<br>1-8 Verify the correctness of the pledge commission calculation and its proper payment to the Exchange's account.<br>2-8 Verify the correctness and completeness of the pledge request form data compared to the attachments.<br>3-8 Verify the correct entry of the pledge request into the system and the presence of the pledge flag on the shareholder's (pledgor's) page.<br>4-8 The pledgor reviews and signs the pledge letter.<br>5-8 The pledgor transfers the request to the Center Auditor. |
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Depository and Clearing Department Procedures Manual 2009-07-29 Page 74 of 48