Chapter Three Investor Identification and Securities Account Set-Up

Article (22)

The investor shall be identified and securities Accounts shall be established for him/her on the Center’s Database through the Center’s electronic systems.

  A- The Center shall issue a unique number for each investor upon being identified through the Center’s electronic system called the Center Number for the investor.
  B- The same Center Number shall not be designated for more than one investor.
   
Article (23) Upon submitting the request for identification on the Center’s database, The Investor should disclose to the Center in writing the nationalities he acquires and shall present the required documents thereto, and the investor must designate a single Center number under which his securities ownership shall be recorded.
   
Article (25) The Center Number for the investor shall be as follows:
  A- The National Identification Number for the Jordanian natural persons inevitably.
  B- A unique number issued by the Center for other entities.
   
Article (26) The investor shall be identified on the Center’s electronic systems upon his request and by any of the following means:
  A- Through the Center Directly.
  B- Through the Broker or Custodian.
   
Article (27) The investor shall be identified through the Center in accordance with the following measures:
  A- The investor shall submit a written application to be identified on the Center’s electronic systems with the following documents and data attached:
    1. For a natural person:
      a- The identification document.
      b- The address as required by the Center.
    2. For a judicial person:
      a- The registration certificate, or an official document issued by the competent authorities.
      b- The headquarters’ address, the postal address for the correspondences, the telephone number, the fax number and e-mail (if available)
  B- The Center shall issue the investor’s Identification Notice which shall be signed by the concerned investor in acknowledgement of the correctness of the information and data therein.
   
Article (28) The investor shall be identified through the Broker or Custodian in accordance with the following measures:
  A- The investor shall submit a written application to be identified on the Center’s electronic systems attached with the documents and data referred to in Article (27) of these Instructions.
  B- The Broker or Custodian shall identify the investor on the Center’s Database through the Center’s electronic system and submit the following data:
    1. The investor’s full name.
    2. The investor’s Nationality.
    3. The Center’s Number.
    4. The Investor Type.
    5. The Investor Classification.
    6. The Type of the account.
    7. The Documents information.
    8. The full address of the Investor.
    9. The Investor’s account number.
    10. The name of the agent, custodian, guardian, caretaker, receiver, trustee or liquidator (if available).
    11. The investor’s other nationalities (if available).
    12. Any other information or data determined by the Center.
  C- The Broker or Custodian shall provide the Center with the identification application verified by the Broker or Custodian attached with the investor’s identification papers.
  D- After receiving the identification application, the Center shall take the necessary measures and inform the Broker or Custodian electronically.
  E- Identifying Jordanian natural investors are excepted from the procedures stated in paragraphs (c) and (d) of this Article, and shall be identified by the broker or custodian directly and under its full responsibility and without the Center’s intervention.
     
Article (29) A- The Broker or Custodian shall bear full responsibility that occurs or may occur as a result of identifying their Clients on the Center’s database. The Broker or Custodian is also liable for the correctness of the client’s information and data entered to the Center’s electronic systems.
  B- The Broker or Custodian shall obtain the client’s signature on the identification notice issued by the Center’s electronic system, and shall Certify the validity of the client’s signatures after verifying their identities and capacities for contracting.
  C- The Broker or Custodian shall retain the identification application and the identification notice referred to in Paragraph (B) of this Article. The concerned Broker or Custodian shall bear the responsibility of the authenticity and correctness of the signature of its client on the identification application and the identification notice.
  D- The stamp and signature of the Broker or Custodian on the identification application shall be considered an acknowledgement by the Broker or Custodian of the correctness of the data and information specified therein, and of the correctness and completeness of the client’s identification documents. The center does not bear any responsibility thereto.
  E- The Center shall be not responsible for any inaccuracy, incorrectness or incompleteness of the investor identification data on the Center’s Database.
     
Article (30) A- A person who wishes to Trade in securities shall open an Account with a licensed Broker.
  B- Before trading securities on behalf of a client, a Broker or Custodian shall check the client is identified on the Center’s database and establish an Account for the client on the Center’s electronic system.
  C- Except for the custody accounts where the broker may open more than one custody account provided that each custody account is related to a different broker, it shall be prohibited for the broker or the custodian to open more than one account of the same type for the same client on the Center’s database.
  D- The Broker shall use the client Account Number by including the said number in buying order or selling order entered into the Trading System.
   
Article (31) The ownership of deposited securities shall be registered on the Center’s Database in the appropriate securities Accounts.
  A- The securities Accounts referred to in Paragraph (A) of this Article shall include the following:
    1. The information and data related to the owner of the security.
    2. The balance of securities deposited in the Accounts.
    3. The transactions related to the transfers and ownership transfers of securities.
    4. Any ownership restrictions imposed on the deposited securities.
  B- The person under whose name any number of securities is registered shall be deemed the legal owner of those securities.
   
Article (32) The Broker or Custodian is authorized to access a specified part of the Center’s electronic systems for the following purposes:
  A- Identify and establish Accounts for its clients in accordance with these Instructions.
  B- Enter information and data related to transfer of deposited securities between Accounts.
  C- Inquire on the movements and balances of its clients deposited securities.
  D- Any other information related to the Broker or Custodian or to their clients.
   
Article (33) Investors Accounts established on the Center’s Database shall be divided into:
  A- Accounts at the Center.
  B- Accounts under the control of the Center’s Members.
   
Article (34) Investors Accounts that may be opened on the Center’s Database shall be of any of the following types:
  A- Independent Account: an Account that is opened for one person only (natural or judicial).
  B- Margin Account: an Account opened by a Broker licensed by the Commission to provide margin financing for its clients.
  C- Joint Account: an Account that can be opened for two persons or more where the ownership of securities shall be registered in the joint name. This Account shall be opened in accordance with the following conditions:
    1. Identification of each investor of the investors that constitute the components of the Joint Account independently and in advance. The Type of Account for each investor shall be (Independent) in accordance with these Instructions.
    2. Specification of the name of the Joint Account, identification of the type of client (Joint) and identification of the type of Account (Joint) and identification of the Account on the Center’s electronic systems in accordance with these Instructions.
    3. If the Broker is one of the components of the joint name, then the Broker shall use the Center Number assigned to it and its Account Number at the Center for the purpose of opening Joint Accounts with its clients.
    4. It shall not be permitted to open Joint Accounts except for the purposes of selling securities registered in the name of two persons or more, or for the purpose of allocating the securities to the joint account owners.
  D- Custody account: an account opened by the Broker and linked to an independent custody account opened with the Custodian.
  E- Allocation account: A principal account under which sub-accounts are linked, such account is used to allocate buying and selling transactions between the principal account and the sub-accounts, processes and measures for opening this type of account on the Center’s database shall be governed by specific procedures issued by the Board of Directors as of the date determined by the Board of Directors thereto.
   
Article (35) Deposited securities shall be transferred from the owner’s account at the Center to the Owner’s Account under the control of the Broker or Custodian according to the following procedures:
  A- The client shall submit a request to the concerned Broker or Custodian to transfer a number of securities owned by him from his account at the Center to his account with the concerned Broker or Custodian.
  B- The concerned broker or shall submit the data of the transfer referred to in sub paragraph (1) above to the Center’s electronic system and post the data without any responsibility on the Center accordingly.
     
Article (36) A- Deposited Securities shall be transferred from the owner’s account with the Broker or Custodian to the owner’s account at the Center according to the following procedures:-
    1. The Broker or Custodian may transfer the securities from the client’s account with the broker or custodian to the client’s account at the Center.
    2. The client may request the Broker or Custodian to transfer a number of securities owned by him to the client’s Account at the Center.
  B- The Broker or Custodian shall submit the data of the transfer referred to in Paragraph (A) of this Article on the Center’s electronic system and post it accordingly.
   
Article (37) Securities shall be transferred from the client’s Account with the Broker to the client’s Account with the Custodian and vice versa directly without the intervention of the Center, unless the Center decides otherwise.
     
Article (38) A- The Broker or Custodian shall submit the following data and information upon submitting the request to transfer Securities between accounts on the Center’s database:
    1. The name of the Security to be transferred.
    2. The number of Securities to be transferred.
    3. The name of the Owner of the Securities.
    4. The Center’s Number for the owner of the Securities.
    5. The Account Number to which the securities will be transferred.
  B- The Broker’s or Custodian’s submission of the information and data of the requested transfer posted to the Center’s electronic system shall be considered an acknowledgement of the correctness of such data and information.
  C- The Broker or Custodian shall bear the full responsibility that occurs or may occur as a result of the transfer of securities in accordance with the provisions of this article.
  D- The Center shall not bear any responsibility as a result of the transfer of securities in accordance with the provisions of this Article.
   
Article (39) The Broker or Custodian may not refrain from transferring the securities owned by his clients unless the Broker or Custodian had legal reasoning for such refrainment, the Broker or Custodian shall be held liable for his refusal or delay in executing the transfer.
   
Article (40) Notwithstanding the provisions of Article (36) of these instructions, The Center shall transfer Securities from the owners’ accounts with any of the Center’s members to the specified owners’ accounts at the Center for the purposes of the execution of securities sale operations performed in accordance with court orders and relevant official authorities’ decisions.
   
Article (41) The following conditions are required to be met in order to transfer deposited securities from owner's account in accordance with the provisions of articles (35) and (36) of these instructions:
  A- The free balance of the securities account should be sufficient to execute the required transfer.
  B- No legal restraints preventing the execution of the Securities transfer.
   
Article (42) If the membership of a Broker or Custodian is terminated, the Center shall transfer the securities from the Accounts under with the Broker or Custodian to the Main Accounts at the Center.
   
Article (43) The Center shall update the information and data of the owners of deposited securities upon the owner’s request and in accordance with the adopted working procedures.
   
Article (44) The Center shall update the information and data related to the owners of deposited securities upon the information and data issued by the relevant official authorities, specifically information and data related to any of the following:
  1. Change of the name of the owner of the security.
  2. Change of the National Identification Number of the owner of the security.
  3. Change of the nationality of the owner of the security.
  4. Change of the identification documents of the owner of the security.
  5. Change of the legal status of the owner of the security.
     
Article (45) The owner of deposited securities shall be entitled to obtain the following from the Center in exchange for the determined charges:
  A- Any information related to his Account or Accounts.
  B- A statement of his deposited securities Account which illustrates the balance of his deposited securities, transfer transactions, ownership transfer and any other disposal or transactions that occurred to this Account.
  C- An ownership notice of deposited securities owned by him.
     
Article (46) The Issuer shall be entitled to obtain the names of the owners of its deposited securities, and their ownership in exchange for the determined charges or fees.
   
Article (47) The Issuer shall have the right to electronically access the Ownership Registers of securities issued by the Issuer and deposited at the Center for viewing purposes only. An Issuer shall not be permitted to make any changes or amendments to the Ownership Registers except in accordance with these Instructions.
     


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Last update Thursday on 23-11-2023 at 15:26:57
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