Bangladesh Gazette

Extraordinary Issue

Published by Authority

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Tuesday, August 24, 2021

[ Advertisements and Notices Issued by Private Individuals and Corporations in Exchange for Money ]

Bangladesh Securities and Exchange Commission

Notification

Date: June 30, 2021

No.-BSEC/CMMRC/2019-392/24/Admin/124—The Bangladesh Securities and Exchange Commission, under the powers conferred by Section 24(1) of the Bangladesh Securities and Exchange Commission Act, 1993 (Act No. 15 of 1993), hereby makes the following amendments to the Securities and Exchange Commission (Market Banker and Portfolio Manager) Rules, 1996; the Securities and Exchange Commission (Stock-Dealer, Stock-Broker and Authorized Representative) Rules, 2000; the Securities and Exchange Commission (Mutual Fund) Rules, 2001; the Securities and Exchange Commission (Security Custodial Service) Rules, 2003; the Securities and Exchange Commission (Asset-Backed Security Issue) Rules, 2004; the Bangladesh Securities and Exchange Commission (Market Maker) Rules, 2017; and the Bangladesh Securities and Exchange Commission (Clearing and Settlement) Rules, 2017, as follows:—

1. Amendment to the Securities and Exchange Commission (Market Banker and Portfolio Manager) Rules, 1996:

(a) The words "1,000 (one thousand) Taka" in Rule 4(2) shall be replaced by the words "1,00,000 (one lakh) Taka".

(b) The words "1,00,000 (one lakh) Taka" in Rule 7(2) shall be replaced by the words "10,00,000 (ten lakh) Taka" and the words "50,000 (fifty thousand) Taka" shall be replaced by the words "2,00,000 (two lakh) Taka". At the end of sub-rule (2), the period "।" shall be replaced by "g" and the following condition shall be added thereafter, namely:—

"Provided that, in the case of delay in payment, a late fee of 50,000 Taka per month or part thereof shall be payable."

(c) The words "50,000 (fifty thousand) Taka" in Rule 10(1) shall be replaced by the words "2,00,000 (two lakh Taka)".

(d) The words "1,000 (one thousand) Taka" in Rule 17(2) shall be replaced by the words "1,00,000 (one lakh) Taka".

(e) The words "1,00,000 (one lakh) Taka" in Rule 20(2) shall be replaced by the words "10,00,000 (ten lakh) Taka" and the words "50,000 (fifty thousand) Taka" shall be replaced by the words "2,00,000 (two lakh) Taka". At the end of sub-rule (2), the period "।" shall be replaced by "g" and the following condition shall be added thereafter, namely:—

"Provided that, in the case of delay in payment, a late fee of 50,000 Taka per month or part thereof shall be payable."

(f) The words "50,000 (fifty thousand) Taka" in Rule 24(1) shall be replaced by the words "2,00,000 (two lakh) Taka".

(g) The following new Rule 39 shall be added after Rule 38, namely:—

"39. Payment of Fees, etc. in favor of the Commission—Various types of fees, etc. in favor of the Bangladesh Securities and Exchange Commission shall be deposited by means of pay-order, bank draft or electronic fund transfer."

2. Amendment to the Securities and Exchange Commission (Stock-Dealer, Stock-Broker and Authorized Representative) Rules, 2000:

(a) The words "twenty thousand Taka" in clause (a) of sub-rule (1) of Rule 5 shall be replaced by the words "two lakh Taka" and the words "one thousand Taka" in clause (b) shall be replaced by the words "five thousand Taka".

(b) The following new sub-rule (6) shall be added after sub-rule (5) of Rule 5, namely:—

"(6) If the Commission cancels the registration certificate, the stock-broker or stock-dealer shall deposit five lakh Taka in favor of the Commission as registration fee."

(c) The words "ten thousand Taka" in clause (a) of sub-rule (1) of Rule 8 shall be replaced by the words "fifty thousand Taka" and the words "five hundred Taka" in sub-rule (2) shall be replaced by the words "one thousand Taka" and the words "one hundred Taka" shall be replaced by the words "five hundred Taka". Additionally, the words "ten thousand Taka" in the first proviso of sub-rule (2) shall be replaced by the words "twenty thousand Taka" and the words "ten thousand Taka" in the second proviso shall be replaced by the words "thirty thousand Taka".

(d) The words "one thousand Taka" in clause (c) of sub-rule (1) of Rule 9 shall be replaced by the words "ten thousand Taka".

(e) The words "one hundred Taka" in Rule 17(2) shall be replaced by the words "one thousand Taka".

(f) The following new Rule 21A shall be added after Rule 21, namely:—

"21A. Payment of Fees, etc. in favor of the Commission—Various types of fees, etc. in favor of the Bangladesh Securities and Exchange Commission shall be deposited by means of pay-order, bank draft or electronic fund transfer."

3. Amendment to the Securities and Exchange Commission (Mutual Fund) Rules, 2001:

(a) The words "ten thousand Taka" mentioned in Rule 5 shall be replaced by the words "one lakh Taka".

(b) The words "fifty thousand Taka" in Rule 11(1) shall be replaced by the words "one lakh Taka".

(c) The words "five thousand Taka" mentioned in Rule 18(1) shall be replaced by the words "fifty thousand Taka".

(d) The words "nine thousand Taka" mentioned in the proviso of Rule 20(1) shall be replaced by the words "one lakh fifty thousand Taka".

(e) The words "five thousand Taka" mentioned in Rule 22(1) shall be replaced by the words "fifty thousand Taka" and the proviso of sub-rule (1) shall be replaced by the following proviso, namely:—

"Provided that, if the annual fee is not deposited within the prescribed time, a fine of twenty-five thousand Taka per month or part thereof for delay shall be payable to the Commission."

(f) The words "ten thousand Taka" mentioned in Rule 26(1) shall be replaced by the words "one lakh Taka".

(g) The words "thirty thousand Taka" mentioned in the proviso of Rule 28(1) shall be replaced by the words "five lakh Taka".

(h) The words "ten thousand Taka" mentioned in Rule 30(1) shall be replaced by the words "one lakh Taka" and the proviso of sub-rule (1) shall be replaced by the following proviso, namely:—

"Provided that, if the annual fee is not deposited within the prescribed time, a fine of fifty thousand Taka per month or part thereof for delay shall be payable to the Commission."

(i) The words "five thousand" mentioned in Rule 35(1) shall be replaced by the words "fifty thousand".

(j) The words "twenty thousand Taka" mentioned in Rule 37(1) shall be replaced by the words "two lakh Taka".

(k) The words "five thousand Taka" mentioned in Rule 39(1) shall be replaced by the words "fifty thousand Taka" and the proviso of sub-rule (1) shall be replaced by the following proviso, namely:—

"Provided that, if the annual fee is not deposited within the prescribed time, a fine of twenty-five thousand Taka per month or part thereof for delay shall be payable to the Commission."

(l) The following new Rule 40A shall be added after Rule 40, namely:—

"40A. Payment of Fees, etc. in favor of the Commission—Various types of fees, etc. in favor of the Bangladesh Securities and Exchange Commission shall be deposited by means of pay-order, bank draft or electronic fund transfer."

4. Amendment to the Securities and Exchange Commission (Security Custodial Service) Rules, 2003:

(a) The fee mentioned in Schedule-1 (by Rules 6, 7 and 8) of the Securities and Exchange Commission (Security Custodial Service) Rules, 2003 shall be replaced as follows, namely:—

Schedule-1

(By Rules 6, 7 and 8)

Fee:

1. Application fee for Registration Certificate	50,000 (Fifty thousand) Taka.
2. Registration Fee	5,00,000 (Five lakh) Taka.
3. Annual Fee/Renewal Fee	1,00,000 (One lakh) Taka.
4. Late fee for depositing Registration Certificate Renewal/Annual Fee	10,000 (Ten thousand) Taka.

(Fine per day in case of delay)

(b) The following new Rule 21 shall be added after Rule 20, namely:—

"21. Payment of Fees, etc. in favor of the Commission—Various types of fees, etc. in favor of the Bangladesh Securities and Exchange Commission shall be deposited by means of pay-order, bank draft or electronic fund transfer."

5. Amendment to the Securities and Exchange Commission (Asset-Backed Security Issue) Rules, 2004:

(a) The words "five thousand Taka" in Rule 3(5) shall be replaced by the words "fifty thousand".

(b) Rule 3(6) shall be replaced by the following sub-rule (6), namely:—

"(6) If the application is approved, the registration fee shall be paid to the Commission at the rate of 0.1% (zero point one percent) on the issue price mentioned in sub-rule (5) under the specified conditions and time, and upon receipt, the Commission shall immediately provide registration for the concerned security issue."

(c) The words "five thousand" mentioned in Rule 6(3) shall be replaced by the words "fifty thousand". At the end of sub-rule (3), the period "।" shall be replaced by "g" and the following condition shall be added thereafter, namely:—

"Provided that, two lakh Taka shall be paid to the Commission for the issuance of the registration certificate of the trustee of the asset-backed security issue."

(d) The words "five thousand Taka" in Rule 7(1) shall be replaced by the words "fifty thousand Taka" and the proviso of sub-rule (1) shall be replaced by the following proviso, namely:—

"Provided that, if the annual fee is not deposited within the prescribed time, a fine of twenty-five thousand Taka per month or part thereof for delay shall be payable to the Commission."

(e) The following new Rule 10 shall be added after Rule 9, namely:—

"10. Payment of Fees, etc. in favor of the Commission—Various types of fees, etc. in favor of the Bangladesh Securities and Exchange Commission shall be deposited by means of pay-order, bank draft or electronic fund transfer."

6. Amendment to the Bangladesh Securities and Exchange Commission (Market Maker) Rules, 2017:

(a) The words "10 (ten) thousand Taka" in Rule 5(2) shall be replaced by the words "50 (fifty) thousand Taka" and the words "50 (fifty) thousand Taka" in sub-rule (6) shall be replaced by the words "5 (five) lakh Taka".

(b) The words "10 (ten) thousand Taka" in Rule 6(2) shall be replaced by the words "1 (one) lakh Taka".

(c) The following new Rule 21A shall be added after Rule 21, namely:—

"21A. Payment of Fees, etc. in favor of the Commission—Various types of fees, etc. in favor of the Bangladesh Securities and Exchange Commission shall be deposited by means of pay-order, bank draft or electronic fund transfer."

7. Amendment to the Bangladesh Securities and Exchange Commission (Clearing and Settlement) Rules, 2017:

(a) The words "one lakh Taka" in Rule 6(2) shall be replaced by the words "two lakh Taka" and the words "ten lakh Taka" in sub-rule (4) shall be replaced by the words "fifty lakh Taka".

(b) The words "05 (five) lakh Taka" in Rule 7 shall be replaced by the words "10 (ten) lakh Taka". At the end of Rule 7, the period "।" shall be replaced by "g" and the following proviso shall be added thereafter, namely:—

"Provided that, a fine of 5,000 Taka per day for delay after the expiration of the said period shall be deposited to the Commission by means of bank draft or pay-order or electronic fund transfer."

(c) At the end of Rule 10(1), the period "।" shall be replaced by "g" and the following proviso shall be added thereafter, namely:—

"Provided that, 20 (twenty) lakh Taka shall be deposited to the Commission in favor of the Commission as fee for the Business Operation Certificate by means of bank draft or pay-order or electronic fund transfer."

(d) The following new clause (b) shall be substituted for clause (b) of sub-rule (2) of Rule 36, namely:—

"(b) The fee payable to the Commission along with the documents and information mentioned in the form of the said application shall be paid by means of bank draft or pay-order or electronic fund transfer as follows:
For Full-Clearing Participant: 2,00,000 (two lakh) Taka;
For Self-Clearing Participant: 1,00,000 (one lakh) Taka."

(e) At the end of Rule 38(1), the period "।" shall be replaced by "g" and the following proviso shall be added thereafter, namely:—

"Provided that, the registration fee shall be deposited to the Commission as follows by means of bank draft or pay-order or electronic fund transfer:
For Full-Clearing Participant: 5,00,000 (five lakh) Taka;
For Self-Clearing Participant: 2,00,000 (two lakh) Taka."

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(12711)
Price: Taka 12.00

12718 Bangladesh Gazette, Extraordinary, August 24, 2021

(f) The following new sub-rule (6) shall be substituted for sub-rule (6) of Rule 38, namely:—

"(6) In every case, the registration certificate shall be renewed for the next five years by submitting an application in the form provided in Schedule-3 to the Commission along with the payment of the renewal fee payable to the Commission by means of bank draft or pay-order or electronic fund transfer as follows:

For Full-Clearing Participant: 2,00,000 (two lakh) Taka
For Self-Clearing Participant: 1,00,000 (one lakh) Taka."

(g) The words "at the rate of Taka 500" in Rule 38(7) shall be replaced by the words "at the rate of Taka 5000".

(h) The following new Rule 59 shall be added after Rule 58, namely:—

"59. Payment of Fees, etc. in favor of the Commission—Various types of fees, etc. in favor of the Bangladesh Securities and Exchange Commission shall be deposited by means of pay-order, bank draft or electronic fund transfer."

By Order of the
Bangladesh Securities and Exchange Commission

Professor Shibly Kubraeyat-ul-Islam
Chairman.

Mohammad Ismail Hossain, Deputy Director (Deputy Secretary), Bangladesh Government Printing Press, Tejgaon, Dhaka, printed.
Maksuda Begum Siddika, Deputy Director (Deputy Secretary), Bangladesh Form and Publication Office, Tejgaon, Dhaka, published. website: www.bgpress.gov.bd