2007-11-04

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Regulations for the Implementation of the Law on the Regulation of the Financial Market (2004)

Issued by the Capital Market Authority, these regulations define key terms such as securities, derivatives, and market participants for the securities and derivatives markets. The Authority is granted powers to regulate the market, issue licenses, supervise participants, and enforce compliance. It may impose administrative penalties, including fines, license suspensions, and market prohibitions, for violations. The regulations entered into force upon publication in the Official Gazette.

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Regulations for the Implementation of the Law on the Regulation of the Financial Market (2004)

Article 1: These regulations are issued pursuant to Article 108 of the Law on the Regulation of the Financial Market, dated 1999.

Article 2: For the purposes of these regulations:

  1. The term "Market" refers to the securities market and the derivatives market.
  2. The term "Securities" refers to shares, bonds, debentures, certificates of deposit, certificates of participation, certificates of investment in funds, and any other instruments that represent a right to participate in profits or losses, or a right to receive a fixed or variable return, or any other instrument that is declared by the Capital Market Authority to be a security.
  3. The term "Derivatives" refers to contracts whose value is derived from the value of an underlying asset, including but not limited to futures, options, swaps, and forward contracts.
  4. The term "Issuer" refers to any person or entity that issues securities.
  5. The term "Investor" refers to any person or entity that invests in securities or derivatives.
  6. The term "Market Participant" refers to any person or entity that participates in the market, including brokers, dealers, investment advisors, and custodians.
  7. The term "Authority" refers to the Capital Market Authority.

Article 3: The Authority shall have the power to regulate the market, issue licenses, supervise market participants, and enforce compliance with these regulations.

Article 4: The Authority may issue rules and regulations to implement these regulations, including rules regarding the listing of securities, the conduct of market participants, and the protection of investors.

Article 5: The Authority may impose administrative penalties on any person or entity that violates these regulations, including fines, suspension of licenses, and prohibition from participating in the market.

Article 6: The Authority may establish a committee to advise it on matters related to the regulation of the market.

Article 7: These regulations shall come into force on the date of their publication in the Official Gazette.