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Contents

Part III · Issue of Securities

110. Protection of client’s assets

Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk

(1)

A market intermediary shall, to the extent that it receives money or other assets from or on account of a client–

(a)

do so on the basis that the money or other assets shall be applied solely for such purpose as may be agreed to by the client when or before it receives the money or other assets;

(b)

shall hold money and other assets received on account of a client in trust for the benefit of such client;

(c)

shall not commingle money received on account of a client with its own funds or use such money as margin or guarantee for, or to secure any transaction of or to extend credit of any person other than the client; and

(d)

record and maintain a separate book entry for each client in accordance with the provisions of this Part or any rules that may be specified under subsection (2) in relation to that client’s money or other assets.

(2)

The Commission may, make rules in respect of all or any of the matters in subsection (1), including the handling of money or other assets by a market intermediary.

(3)

Except as otherwise provided in this section or the rules made under subsection (2), all money or other assets received from or on account of clients or deposited with a market intermediary-

(a)

shall not be available for payment of debts of the market intermediary; and

(b)

shall not be liable to be paid or taken in execution under an order or a process of any court in respect of any liability of that market intermediary.

(4)

Any market intermediary who, contravenes subsection (1), subsection (3) or any rule made under subsection (2), shall commit an offence.

Part IV

Trade In Unlisted Securities

Part V

Market Misconduct

Part VI

Finance

Part VII

General