2011-12-02

Specification Sheet on the Administration of Securities Accounts

The Financial Market Council issued this specification sheet to establish mandatory operational, technical, and internal control standards for approved intermediaries administering securities accounts. It requires these entities to maintain adequate human and material resources, implement robust IT systems with physical and logical security, and establish a permanent control manager function independent of operational units. Furthermore, the document mandates strict accounting procedures, including chronological recording, verifiable data linkage, permanent asset verification, and timely settlement reporting to ensure the security of securities holders' assets.

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17 SPECIFICATION SHEET ON THE ADMINISTRATION OF SECURITIES ACCOUNTS

Article 1: The company (stock exchange intermediary/credit institution)…………………… ….…………………… ………………………………………………………………………………………….………….. Commercial Register No.…………………….………… Tax ID ………………….………………..………. whose registered office is located at …………………………………………………………………………………………… represented by ………………….. …………………………………….……………………………………………… capacity…………………………………………………………………………………………………………………., hereby commits by its signature below to respect the terms and obligations set forth in this specification sheet and to comply with the provisions of the Financial Market Council Regulation regarding the maintenance and administration of securities accounts. Article 2: To ensure the administration of securities accounts under the required conditions of reliability and security, the signatory to this specification sheet, designated hereinafter as the approved administrative intermediary, commits to equipping itself with human resources, material means, administrative procedures, and an adequate control mechanism. Human Resources Article 3: The approved administrative intermediary commits to equipping itself with human resources to address changes related to market evolution, the technological environment, and business activity. Article 4: The approved administrative intermediary must establish a procedure manual describing the various steps to be followed in the exercise of each function. The approved administrative intermediary must establish the organizational chart of the different units that share the tasks related to account administration. Material Means Article 5: The approved administrative intermediary commits to having an information processing system adapted to its size, its specific characteristics, and the volume of operations it handles. In cases where an IT process is used, it must possess hardware and software guaranteeing the required level of reliability and security. The general architecture of the information processing system specific to account administration activities must be documented. Article 6: The approved administrative intermediary commits to ensuring and regularly monitoring the reliability and security, both physical and logical, of all information processing and exchange systems by conducting rigorous access controls to the processing systems and establishing a contingency plan to ensure service continuity and appropriate procedures. Internal Control Article 7: The approved administrative intermediary commits to taking all necessary measures to guarantee the quality of procedures and the reliability of control and steering tools, in order to ensure under the best conditions the security of securities holders' assets. To this end, it commits to organizing its internal control system so as to clearly distinguish:

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  • the mechanisms that ensure the daily execution, processing, and control of operations;

Article 8: The control manager function is a permanent role placed under the authority of managers whose hierarchical position guarantees independence from operational units. This function may be combined with a pre-existing control role within the institution. Article 9: The control manager has the authority to intervene in all areas where securities account administration activities are exercised, by conducting recurring or unannounced controls as well as a detailed audit to verify the regularity and compliance of operational procedures with security and reliability requirements. It may also be consulted prior to the implementation of new procedures. The control manager is responsible in particular:

  • for contributing to the management of risks arising from the administrative processing of operations borne by the approved administrative intermediary;
  • for ensuring that the organization of procedures allows for the identification of any irregular operations. Article 10: Within the scope of its mission, the control manager is the preferred contact for the Financial Market Council, the Depository, Clearing and Settlement Company for securities handled by the latter, as well as external auditors and controllers. Accounting Article 11: Every entry must be supported either by a written document or by data generated by an unalterable computerized process and stored in a form accessible solely for control purposes, preventing any modification. When basic data result from an IT process, the link between the basic data on the one hand and the originating information on the other must be established through a common reference. Article 12: Processing procedures must be organized to guarantee:
  • complete entry of basic data relating to clients and executed operations, as well as their storage, while respecting the confidentiality and professional secrecy applicable to the approved administrative intermediary;
  • chronological recording;
  • reconstruction from basic data of any account balance, or tracing entered data from the accounts. Article 13: The approved administrative intermediary commits to implementing permanent procedures for verifying the accuracy of its available asset accounts, using supporting documents corresponding to assets provided by the Depository, Clearing and Settlement Company for securities handled by it, issuers, various account keepers, and departments responsible for preserving legal documents (sales contracts, inheritance, judicial sales, or others). Article 14: The approved administrative intermediary must ensure the settlement of operations by intervening, in particular, within the shortest possible time with its counterparty to claim the securities in question. Article 15: The approved administrative intermediary commits to retaining, for the period stipulated by current legislative and regulatory texts, all supporting documents for operations recorded in accounting.

19 Article 16: Operations recorded in accounts administered by the approved intermediary do not acquire a definitive character unless they have been accounted for by the issuer or the authorized intermediary. Consequently, the approved administrative intermediary must be able to justify, at any time, the status of account holders with regard to this accounting. Article 17: The approved administrative intermediary commits, in accordance with Article 693 of the Commercial Code, to informing the account holder of any emergency operation or lapse of rights attached to securities. Declaration I declare that the company is equipped with the following means:

  • Human resources:………………………….
  • Material means:……………………………….

Signature (To be preceded by the statement "Read and approved")