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Contents

Part III · Issue of Securities

99. Grounds for refusal to register or renew registration

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

Where an application is made for the grant or renewal of registration as a registered person under this Part, the Commission may refuse the application on any of the following grounds: —

(a)

the application was not made in accordance with section 98;

(b)

the applicant has failed to comply with any requirement of section 98;

(c)

any information or document that is furnished by the applicant to the Commission is false or misleading or from which there is a material omission;

(d)

the applicant is an undischarged insolvent or an undischarged bankrupt whether within or outside

Sri Lanka;

(e)

execution against the applicant in respect of a judgment debt has been returned unsatisfied in whole or in part;

(f)

the applicant has –

(i)

been convicted, whether within or outside Sri

Lanka of an offence involving fraud or dishonesty or of an offence the conviction for which involves a finding that he had acted fraudulently or dishonestly;

(ii)

been subjected to any administrative sanction under this Act;

(iii)

been convicted or compounded in respect of an offence under this Act or under any laws governing securities outside Sri Lanka; or

(iv)

contravened any provision made under any written law whether within or outside Sri Lanka appearing to the Commission to be enacted for protecting members of the public against financial loss due to dishonesty, incompetence or malpractice by persons, concerned in the provision of financial services or the management of companies or against financial loss due to the conduct of discharged or undischarged bankrupts;

(g)

the Commission is not satisfied as to the educational or other qualification or experience of the applicant having regard to the nature of the duties to be performed for and on behalf of the market intermediary;

(h)

the Commission has reason to believe that the applicant may not be able to act in the best interests of the clients of the market intermediary having regard to his reputation, character, financial integrity and reliability;

(i)

the Commission is not satisfied as to the record of past performance or expertise of the applicant having regard to the nature of the duties to be performed for and on behalf of the market intermediary;

(j)

the Commission has reason to believe that the applicant has not acted honestly or fairly; or

(k)

the Commission is of the opinion that it would be contrary to the interests of investors to grant or renew the registration.

(2)

The Commission shall not refuse to grant or renew the registration without giving the applicant an opportunity of being heard.

Part IV

Trade In Unlisted Securities

Part V

Market Misconduct

Part VI

Finance

Part VII

General