2017-01-01
The Egyptian Financial Supervisory Authority issued Resolution No. (95) of 2017 to establish a disciplinary framework for licensed Central Securities Depository and Registration companies that violate capital market laws or threaten market stability. The resolution empowers the Authority to impose escalating corrective measures, including formal warnings, mandatory board reviews, executive removal, and increased financial guarantees, while authorizing additional sanctions for firms experiencing financial distress. Application of these measures requires a reasoned board decision and formal notification, with provisions for escalated supervisory actions if compliance deadlines are missed, and the resolution takes effect the day after its official publication.
Dated 2017/7/25
Regarding the Measures Taken by the Authority in Case of Violation by Central Securities Depository and Registration Companies and the Rules for Applying These Measures
The Board of Directors of the Egyptian Financial Supervisory Authority
Having reviewed the Constitution;
And the Capital Market Law issued by Law No. (95) of 1992 and the decisions issued to implement it;
And the Central Securities Depository and Registration Law issued by Law No. (93) of 2000 and its Executive Regulations and the decisions issued to implement it;
And Law No. (10) of 2009 regulating supervision over markets and non-banking financial instruments;
And Presidential Decree No. (191) of 2009 regarding the provisions governing the management of the Egyptian Exchange;
And its Financial Bylaws;
And the Statute of the Egyptian Financial Supervisory Authority issued by Presidential Decree No. (192) of 2009;
And the Memorandum of the General Administration of Legislation and Regulatory and Supervisory Directives dated 2017/7/19;
And the approval of the Board of Directors of the Authority in its session No. (8) held on 2017/7/25;
The Authority shall, in the event that a company licensed for the Central Securities Depository and Registration activity violates the provisions of Law No. (93) of 2000 or the decisions issued to implement it, or if it engages in acts that threaten market stability or the interests of its counterparties, have the right to take one or more of the following measures:
In cases where the violation relates to financial distress within the company that may render it unable to meet its obligations or perform its duties, the Authority may, in addition to the aforementioned, take one of the following additional measures:
The application of the measures referred to in the preceding Article to companies licensed for the Central Securities Depository and Registration activity shall be in accordance with the following rules:
This Resolution shall be published in the Egyptian Gazette and on the websites of the Authority and the Central Securities Depository and Registration Company, and shall take effect from the day following its publication in the Egyptian Gazette.
Chairman of the Board of Directors
Sherif Samy
Smart Village, Building 136, Giza
P.O. Box: 12577
Tel: 25270040 - Fax: 25270041
1 Mansourly Towers, El Baher El Azeem St. - Giza
P.O. Box: 12517
Tel: 25737142 - Fax: 25737119
28 Talaat Harb St. - Cairo
P.O. Box: 25450
Tel: 25758807 - Fax: 25758581
20 Imad El Din St. - Cairo
P.O. Box: 11111
Tel: 25792240 - Fax: 25745598