2012-01-01
The Egyptian Prime Minister issued Decree No. 572 of 2012 amending the Executive Regulations of the Capital Market Law to restrict foreign securities trading and clarify client authorization procedures. The decree explicitly prohibits brokerage firms from trading foreign securities for their own or client accounts, except for deposit certificates corresponding to Egyptian Exchange-listed securities under Financial Regulatory Authority controls. All licensed financial companies must align their operations with these new provisions within six months of the decree's publication in the Egyptian Gazette.
No. 572 of 2012 Amending Certain Provisions of the Executive Regulations of the Capital Market Law Issued by Ministerial Decision No. 135 of 1993
Prime Minister Having reviewed the Constitutional Declaration issued on 13/3/2011, and the Constitutional Declaration issued on 30/3/2011, and the Law on Joint Stock Companies, Companies Limited by Shares and Limited Liability Companies issued by Law No. 159 of 1981, and its executive regulations, and the Capital Market Law issued by Law No. 95 of 1993, and its executive regulations, and Law No. 10 of 2009 concerning the regulation of supervision over markets and non-banking financial instruments, and Presidential Decision No. 191 of 2009 on the regulations governing the management of the Egyptian Exchange and its financial affairs, and Presidential Decision No. 192 of 2009 issuing the Bylaws of the Financial Regulatory Authority, and Decision No. 285 of the Chairman of the Supreme Council of the Armed Forces of 2011 delegating certain authorities and specifying the competent minister to apply certain laws issued pursuant to Decree-Law No. 136 of 2011, and based on the proposal submitted by the Chairman of the Board of Directors of the Financial Regulatory Authority,
The text of Item (4) of Article 248, and Item (3) of Article 256 of the Executive Regulations of the Capital Market Law issued by Ministerial Decision No. 135 of 1993 shall be replaced with the following text: (Determining whether the client wishes to trade deposit certificates for securities listed on the Egyptian Exchange).
A new paragraph shall be added to the end of both Articles (249, 259) of the Executive Regulations of the Capital Market Law referred to, with their text as follows: Article (249) Final Paragraph: (Furthermore, the company shall not trade foreign securities for its own account or for the account of its clients, except for deposit certificates corresponding to securities listed on the Egyptian Exchange and in accordance with the controls established by the Authority's Board of Directors). Article (259) Final Paragraph: (Furthermore, the company shall not trade foreign securities, except for deposit certificates corresponding to securities listed on the Egyptian Exchange and in accordance with the controls that are established by the Authority's Board of Directors).
Companies operating in the field of securities brokerage, bond brokerage and intermediation, and the formation and management of securities portfolios, and trading foreign securities shall comply with the provisions of this Decree within a maximum of six months from the date of its implementation.
This Decree shall be published in the Egyptian Gazette, and shall take effect from the day following the date of its publication, and any provisions conflicting with it are repealed.
Prime Minister (Dr. Kamal Ganzouri) Issued at the Prime Minister's Office on 3 Rajab 1433 AH Corresponding to 24 May 2012 AD Copy sent to Mr. Riad El-Badawy / Chairman of the Board of Directors Secretary General of the Cabinet (Dr. Sami Saad Zaghloul)