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Important Laws of Regulatory Framework of Securities Market and Broker House Activities in BD
Important Laws of Regulatory Framework of Securities Market and Broker House Activities in BD
On
“Various important Laws of Regulatory Framework of Securities
Market and Broker House Activities”
Submitted By:
Md. Nazmul Hasan Shawon
Id – 16306020
7th Semester,
Department of Banking & Insurance,
Faculty of Business Administration.
University of Chittagong.
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Contents
Securities and Exchange Ordinance, 1969..................................................................................................3
Securities and Exchange Commission, 1969...............................................................................................5
Depositary Act, 1999...................................................................................................................................6
Companies Act, 1994..................................................................................................................................7
Trust Act, 1882............................................................................................................................................7
The Insurance Act, 1938..............................................................................................................................8
The Bank Companies Act 1991...................................................................................................................8
Financial Institution Act, 1993....................................................................................................................9
Functions of “Lanka Bangla Securities Limited”.........................................................................................9
Company Profile.........................................................................................................................................9
Vision:.........................................................................................................................................................9
Mission:.....................................................................................................................................................10
Values:.......................................................................................................................................................10
Products:...................................................................................................................................................10
Services:....................................................................................................................................................15
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Securities and Exchange Ordinance, 1969
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such goods; and (ii) any other matter as may be notified by the Commission in the Official
Gazette; (ce) “corporatization” means the conversion (iv) the publisher of any newspaper, news
magazine, or other publication of general and regular circulation; or (v) the Investment
Corporation of Pakistan;
(f) “Investment Company” means a company engaged principally or wholly in buying and selling
securities of other companies and includes a company, not being a holding company, the
investment of which in the share capital of other companies at any one time is of an amount
equivalent to eighty per cent of the aggregate of its own paid up capital and free reserves, but
does not include a bank or an insurance company or a corporation which is a member of a
Stock Exchange;
(g) “Issuer” means any person who has issued or proposes to issue any security;
(h) “jobber or dealer” means any person engaged in the business of effecting transactions in
securities for his own account, through a broker or otherwise, but does not include any person
who trades in securities for his own account, either individually or in some fiduciary capacity,
otherwise than as a part of a regular business;
(i) “Member” means a member of an Exchange; [(ii) Omitted]
(j) “Person” includes a Hindu undivided family, a firm, an association or body of individuals,
whether incorporated or not, a company and every other artificial juridical person;
(k) “Prescribed” means prescribed by rules made under this Ordinance;
(l) “security” includes- (I) any stock, transferable share, scrip, [Modaraba Certificate], note,
debenture, debenture stock, [anticipation term certificate] bond, investment contract, [forward
or futures contract], and preorganization certificate or subscription, and, in general, any
interest or instrument commonly known as a “security” and, any certificate of deposit for,
certificate of interest or participation in, temporary or interim certificate for, receipt for , or any
warrant or right to subscribe to or purchase, any of the foregoing but does not include currency
or any note, draft, bill of exchange or banker’s acceptance or any note which has a maturity at
the time of issuance of not more than twelve months, exclusive of days of grace, or any renewal
thereof whose maturity is likewise limited; (ii) any Government security as defined in the
Securities Act, 1920 (X of 1920); (iii) any bonus entitlement voucher issued by the State Bank of
Pakistan in accordance with any scheme announced by the Commission; and (iv) Commodity
Futures Contract;
(m) “Stock exchange” means any person who maintains or provides a market place or facilities
for bringing together buyers and sellers of securities or for otherwise performing with respect
to securities the functions commonly performed by a Stock Exchange, as that term is generally
understood, and includes such market place and facilities;
(n) “Sub-underwriter” means a person who has made a contract with an underwriter to take up
a part of the securities not fully subscribed by the public issue;
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(o) “Transfer agent” means a person appointed by the issuer to assist in the maintenance of
record for issuance and transfer of securities and to perform functions of persons commonly
known as Registrar;
(p) “Underwriter” includes a person who has made a contract with an issuer to subscribe and
pay in cash for those securities as are not fully subscribed by the public issue or a person who
has initially bought the securities from an issuer for the purpose of selling such securities by
means of a public offer; and
(q) “Venture capital Company” includes a company which is engaged principally in financing
through direct equity investment in another company and provides managerial expertise
thereto;
BSEC was established on 8 June 1993 under the Securities and Exchange Commission Act, 1993.
The Chairman and Members of the Commission are appointed by the government and have
overall responsibility to administer securities legislation. The Commission, at present has three
full-time members, excluding the Chairman. The Commission is a statutory body and attached
to the Ministry of Finance.
Initially named simply as the Securities and Exchange Commission, on 10 December 2012, its
name was officially changed to the Bangladesh Securities and Exchange Commission.
During the 2011 Bangladesh share market scam the BSEC withdrawing various directives given
earlier to help stabilize trading at the Dhaka Stock Exchange and was criticized by some
commentators for its actions during the subsequent crash.[2]
Mission:
Regulating the business of the Stock Exchanges or any other securities market.
Registering and regulating the business of stock-brokers, sub-brokers, share transfer
agents, merchant bankers and managers of issues, trustee of trust deeds, registrar of an
issue, underwriters, portfolio managers, investment advisers and other intermediaries in
the securities market.
Registering, monitoring and regulating of collective investment scheme including all
forms of mutual funds.
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Monitoring and regulating all authorized self-regulatory organizations in the securities
market.
Prohibiting fraudulent and unfair trade practices relating to securities trading in any
securities market.
Promoting investors’ education and providing training for intermediaries of the
securities market.
Prohibiting insider trading in securities.
Regulating the substantial acquisition of shares and take-over of companies.
Undertaking investigation and inspection, inquiries and audit of any issuer or dealer of
securities, the Stock Exchanges and intermediaries and any self-regulatory organization in
the securities market.
Conducting research and publishing information.
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regulations for the purpose of maintenance and transfer of securities through book entry and
registered under the Companies Act;
(h) “Depository register” means the legal ownership register maintained by a depository
relating to securities recorded in the name of the depository in the depository part of the
company register;
(I) “Direct account holder” means a person who opens and maintains an account with the
depository but is not a participant; Page 2 of 2
(j) “Regulations” means regulations made under this Act;
(k) “Book entry” means recording of securities in the depository register in accordance with the
regulations;
(l) “Person” includes any company, institution or organization;
(m) “Eligible securities” means securities eligible for recording in the depository register under
the bye –laws;
(n) “securities” means securities as defined in section 2(1) of the Securities and Exchange
Ordinance, 1969 (XVII of 1969); (o) “account” means an account relating to legal ownership of
securities recorded in the depository register;
(p) “Account holder” means a person who opens and maintains an account with the depository
either himself or through any participant.
An Act to consolidate and amend the law relating to companies and certain other associations.
The company must be registered in accordance with provisions of the Company Act 1994, and
the Certificate of Incorporation must be obtained. In case of Public Company, Certificate of
Commencement is also need to start business.
A license must be obtained under the Company Act 1994.
Public Company must register its name as a member of stock exchange otherwise it cannot
issue shares. To start business a company has to issue a certain amount of share in public.
An Act to define and amend the law relating to Private Trusts and Trustees.
This Act may be called the Trusts Act, 1882: and it shall come into force on the first day of
March, It extends to the whole of Bangladesh. But nothing herein contained affects the rules of
2[Muslim] law as to waqf, or the mutual relations of the members of an undivided family as
determined by any customary or personal law, or applies to public or private religious or
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charitable endowments, or to trust to distribute prizes taken in war among the captors; and
nothing in the second Chapter of this Act applies to trusts created before the said day1882.
A “trust” is an obligation annexed to the ownership of property, and arising out of a confidence
reposed in and accepted by the owner, or declared and accepted by him, for the benefit of
another, or of another and the owner: the person who reposes or declares the confidence is
called the “author of the trust”: the person who accepts the confidence is called the “trustee”:
the person for whose benefit the confidence is accepted is called the “beneficiary”: the subject-
matter of the trust is called “trust-property” or “trust-money”: the “beneficial interest” or
“interest” of the beneficiary is his right against the trustee as owner of the trust-property; and
the instrument, if any, by which the trust is declared is called the “instrument of trust”
a breach of any duty imposed on a trustee, as such, by any law for the time being in force, is
called a “breach of trust”:
And in this Act, unless there be something repugnant in the subject or context, “registered”
means registered under the law for the registration of documents for the time being in force: a
person is said to have “notice” of a fact either when he actually knows that fact, or when, but
for wilful abstention from inquiry or gross negligence, he would have known it, or when
information of the fact is given to or obtained by his agent, under the circumstances mentioned
in the Contract Act, 1872, section 229; and all expressions used herein and defined in
the Contract Act, 1872, shall be deemed to have the meanings respectively attributed to them
by that Act.
This Act contained provisions regarding matters like definition of insurer and insured,
commission payable to agents, licensing of agents, appointments of staff, register of policies
and register of claims powers of the controller of insurance, acquisition of surrender value by
policy, actuarial report, deposits, investments, loans, valuation of assets and liabilities, account
and balance sheets etc. The Act also contained provisions relating to co constitution,
management and winding up of insurance company. It was applicable to both in life and
general insurance business.
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Financial Institution Act, 1993
An Act made to provide for the granting of licenses to financial institutions, their control and to
make other incidental provisions relating thereto
Whereas it is expedient to provide for the granting of licenses to financial institutions, their
control and to make other incidental provisions relating thereto;
ACT to provide for the regulation of banks and other financial institutions which engage in the
business of banking and business of a financial nature, for matters incidental and related
thereto, for the repeal of the Banking Act (Chap. 79: 01) and the Financial Institutions (Non-
Banking) Act, 1979 (Chap. 83: 01) and the re-enactment of certain provisions of those Acts in
consolidated form.
Money laundering is now a widely used term. It denotes money acquired by unlawful means
and hiding the source, generally in overseas banks, or otherwise invested but not accounted for
in accordance with law. Black money is the term also used in a more or less similar context. The
legally accepted definition of money laundering is somewhat broader than is ordinarily
perceived. To prevent money laundering in Bangladesh, the Prevention of Money Laundering
Act, 2002 (Act No. VII of 2002) was enacted.
The Money Laundering Prevention Act 2002 received the consent of President to become a law
on 5 April 2002. The act was amended in 2003(BB, 2003). The act understands ‘Money
Laundering’ as illegally earning or gaining resources directly or indirectly and as perpetrating or
assisting in illegal transfer, conversion or concealing position of legal or illegal resources earned
or gained directly or indirectly. Responsibilities and powers of BB in prevention: The BB is
entrusted with the responsibility of suppressing and preventing money laundering crimes by
implementing the act.
Here is the key functions and products of Lanka Bangla Securities Limited given bellow:
Company Profile
(Lanka Bangla Securities Limited)
Vision:
Growing together with our stakeholders by implementing the most comprehensive, efficient
and state of the art brokerage platform to maintain the excellence and maximize the wealth of
shareholders
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Mission:
Providing Quality Product and Services
Values:
Accountability: Ensuring responsibility and conformity
Integrity: Being real with task and work force with highest ethical standards and fairness
in every event
Respect: We honor the rights and beliefs of our fellow associates, our investors, key
stakeholders and our community. We treat others with the highest degree of dignity,
equality and trust.
Teamwork: We promote and support a diverse, yet unified, team. We work together to
meet our common goals
Products:
Non Resident Investors Taka Account (NITA)
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NITA (Non Resident Investors Taka Account) is a facility that is provided to non-resident
individuals/institutions including non-resident Bangladeshi nationals who are interested in
trading Bangladeshi securities against foreign exchange remitted from abroad.
Features
For the purpose of trading securities, investors need to open a security account/trading
account with stock broker listed with the exchanges. E.g. LBSL
Funds from NITA can be used to purchase shares and securities listed in a stock
exchange.
The balances in this account are freely remittable abroad in foreign exchange.
Eligibility:
Foreign intuitions.
Document Requirement:
Board Resolution.
Letter of Authorization.
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A valid photo ID of the Managing Director.
Beginner
Equity is an important asset class to participate in the underlying growth story of the country,
industry and company. But investment in equity requires in depth knowledge and analysis
about different variables which an investor finds difficult to process.
Despite being a beginner with a small amount to invest, one will still be able to benefit from
clear and simple information tools for the understanding, demonstrations to help when get
started and research re-written in easier language. LBSL will hold regular seminars and in house
knowledge sessions for the beginners.
Proud ownership
Return is directly connected to the growth of the economy as well as growth of the
company whose share is purchased
Capital gain is tax free & tax rebate facility for stock investment
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Other value added Services
Analyst Forum: An online community where investors can ask questions to our analysts
regarding the business, finance, capital market and economy
Help me learn: This section is intended to enrich stock market understanding which
contains large array of questions and answers on capital market. In other words it can
be described as pros and cons of capital market facts.
Pick of the week: This section of Lanka Bangla financial portal provides resources for
self-development of individual. It compiled different types of self-development advices,
career tips and business tips for investors.
Show me the science: Incorporates tutorials on fundamental and technical analysis with
demonstration.
Watch and Learn: This is another section for beginners where they can learn how to use
Lanka Bangla financial portal for analyzing data.
Recommended Reading: List of world's best financial books are summarized in this
section for investors.
IPO Reminder: Lanka Bangla Financial Portal provides you email remainder when a IPO
subscription starts.
IPO Analysis Report by LBSL Research Team: Capital Market Research Team publishes
research reports on IPO stocks which are available on Lanka Bangla Financial Portal.
Stock Screener: Save your time while screening out preferred stocks using the stock
screener feature of Lanka Bangla financial portal. You can shortlist stocks with multiple
criteria by this tool.
Watch List: To help investors successfully track down their preferred stock in the
market, we provide this watch list option. This allows investors to keep real time track of
their favorite list of chosen stocks. Any updates of the listed stock will send mail
notification to the investor.
Corporate Events Calendar: The Corporate Events Calendar will allow you to see past
events and prepare yourself for the announced upcoming events. The events have been
color coded on the calendar view so that different events have different colors to make
it visually more differentiable.
OMS Features: Use our exclusive Order Management System for trading at the both
exchanges from a single terminal. You will get access to a thick client application with
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advance analytical tools and content. Also browser based thin client web interface
application is there. By using our DirectFN Touch and DirecFN Mobile you can trade
from iPad, iPhone, Windows Mobile & Android.
Regardless of age, income and experience, like a deposit pension scheme Easy Investment Plan
(EIP) facilitates a simple and more convenient way of investing in the stock market.
• An EIP is a specific amount, invested at regular intervals for a certain horizon e.g.
two/three/four/five years.
• Automatically receive the reminder to deposit and buy your selected stock at
your prescribed time through email/SMS.
• Decide how much you want to invest on a regular basis in a cheap valuation
company supported by the research.
• Determine how often you wish to purchase your shares of the company.
• EIP is a facility offered by LBSL on its trading platform whereby the client
authorizes LBSL to place buy transactions in specific securities in predetermined
quantities or amounts at periodic intervals over a fixed period of time.
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• The client agrees that an EIP request can be placed for only one security at a
time.
• Frequency shall mean the time intervals specified by the clients in the EIP
request placed under this Facility.
• Minimum Period shall mean the period under the Facility for which the EIP
request can be placed.
• Order Placement day shall mean the day on which EIP orders will be placed by
LBSL as per the frequency and other order related parameters selected by the
client.
• Client can revoke the service by giving a 3 day prior notice to the specified date
for execution of trade.
• The Client agrees not to hold LBSL liable for any loss or damage incurred or
suffered by it due to any delay, error, defect, failure or interruption in the
provision of Facility arising from or caused by any reason whatsoever.
• The client agrees that LBSL reserves the right to decide the timing for placing the
orders on the Order placement day as per the frequency under the Facility.
• EIP facility is available for first 15 days of a month. In case the chosen date turns
out to be a non-working day for the scheme, the EIP will be processed on the
immediate following working day.
• Email Alert: You will get instant email notification about any news for stock you
pick.
• Market Pulse: Exclusive access to Market Pulse, the most preferred and enriched
business publications of Bangladesh.
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• Corporate Events Calendar: The Corporate Events Calendar will allow you to see
past events and prepare yourself for the announced upcoming events. The
events have been color coded on the calendar view so that different events have
different colors to make it visually more differentiable. The event days are
highlighted on the calendar view. When the cursor is taken on a particular
highlighted day, a label will appear naming the occasion. The calendar is
designed such that it categorizes the events and presents them in a user friendly
format, so that they could be accessed anytime and anywhere.
• LBSL Client Login: This is the latest addition of LankaBangla financial portal where
you can visit your investment account details and take decision.
• LBSL Research Report: You can get access to Research Reports published by
LankaBangla Capital Market Research Team. Here you can get Daily, Weekly,
Monthly, Sector and Macroeconomic reports which provide expert insights and
ideas on Bangladesh stock market and macroeconomic environment.
• Newsletter: We provide day end market updates to you through our Newsletter.
• Real Time Market Watch: Incorporate all the stocks with their current price and
change direction (up, down and unchanged).
It is no longer an "Inept Process Offline" rather it has become "Instant Purchase Online".
Investment in IPO was never as easy as it is now with LBSL. You don't need to stand in the line
for hours with your application. Rather, with the online interface provided by LBSL, you can
invest in IPO online irrespective of your position. For investing in IPO online, just select the IPO
and your IPO will be processed automatically. In other words, once you submit your IPO
application form, we will take care of the rest. Also you can come physically in our office and fill
the IPO application form, we will do the rest for you.
• Don't have to stand in long queue under the sun and rain
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• Through BEFTN (Bangladesh Electronic Fund Transfer Network), you can
instantly transfer and withdraw fund
• Successful or unsuccessful application will be notified via e-mail and no hassle for
collecting refund warrant or share allotment letter
• No hidden charges
• No processing fees
Services:
DP Service
As a full depository participant of CDBL Lanka Bangla Securities Ltd is providing the following
services:
BO Registration
Dematerialization
Rematerialization
Pledge
Unpledge
Transfer
Transmission
Change of Ownership?
SMS
Lanka Bangla Securities Ltd is providing the following SMS based services to its value client:
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Buy-Sell Order: Client can place buy and sell order trough SMS
SMS Enquiry: Stock Position, Purchase Power Equity, Cost Value of Share, Ledger
Balance
BEFTN
Fund Deposit
Now You can deposit fund in your portfolio account maintained with LankaBangla Securities Ltd
by BEFTN.
Fund Withdrawal
We are pleased to offer you fund withdrawal by BEFTN. You can withdraw fund from your
portfolio account maintained with Lanka Bangla Securities Ltd. without cheque.
For more details please contact our Call centre; Dial-16325; From Overseas, Call: 09611016325
For BEFTN undertaking please download and fill up the form and accordingly. Send it to your
nearest convenient branch.
The End
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