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Article (124) Clearing and Settlement Operations

Fed Law 14/2018 Issued on 1/10/2018

1) The Central Bank may:

  • a. Establish, develop, and/or operate one or more clearing or settlement systems for transfer of funds, and settlement of securities for securities issued by the Central Bank or the Public Sector and other obligations between Participant Persons in such systems, and may conduct such on its own or in partnership with any other party, or by outsourcing to third parties.
  • b. Link the systems referred to in paragraph (a) of this item, to similar systems inside and outside the State.
  • c. Establish and/or operate central securities depository for securities issued by the Central Bank or the Public Sector and data repository systems for monetary and financial transactions in the State, and link such systems to similar systems inside and outside the State.

2) The Central Bank shall coordinate with concerned other regulatory authorities and bodies in the State, in relation to the establishment of data repository systems for monetary and financial transactions referred to in paragraph (c) of item (1) of this article.

3) The Board of Directors shall issue the regulations related to the systems referred to in item (1) of this article, the rules of participation in these systems, and the rules to execute related operations.

Articles (124 Bis1) and (124 Bis2) have been added as per the Decretal Federal Law No. (23) of 2022

 

Article (124 Bis 1)

Application for License of Financial Infrastructure System or Extension of its Scope

  1. Based on the regulations set by the Board of Directors, any legal person may file an application with the Central Bank to obtain a license of financial infrastructure system or to expand the scope of a license previously issued.
  2. The Board of Directors shall issue the regulations, rules, criteria and conditions pertaining to the licensing of the financial infrastructure system, including:
    a. Merit and eligibility criteria;
    b. Resources required for the system; and
    c. Control and supervisory systems.
  3. The Board of Directors may require the license applicant to meet any further requirements or conditions at its own discretion and as he deems to be in the public interest.

 

Article (124 Bis 2)

Deciding on the Application for License of Financial Infrastructure System or Extension of its Scope

  1. The application for license of financial infrastructure system or extension of its scope shall be decided on within a period not exceeding sixty (60) working days from the date of satisfying the requirements and conditions of the license. The lapse of such period without reply shall be deemed as rejection of the application.
  2. The Central Bank may request the applicant to meet the requirements and conditions of the license within the period it determines.
  3. The Central Bank may reject the application or request the expansion of the scope of the license of a financial infrastructure system at its sole discretion, in accordance with the absorptive capacity of the financial sector of the State and the requirements of the domestic market. The decision issued thereby in this regard shall be final and not appealable before the Grievances and Appeals Committee.
  4. The applicant shall be notified of the substantiated rejection decision by means ofan official notice within a period not exceeding twenty (20) working days from the date of its issuance.