Securities Markets Order, 2013 · As enacted
199. {1}
Official textFrom Attorney General's Chambers, unchanged
Without prejudice to any other provisions of this Order, where-
1381
{a} any holder of a capital markets services licence has contravened this Order, or any regulations made, or guidelines issued under this Order;
{b)
the interests of the clients of the holder of a capital markets services licence or the interests of debenture holders or unit holders are likely to be jeopardised, or are jeopardised;
debenture
"debenture" means a written acknowledgement of indebtedness, issued by a company in respect of a loan made or to be made to it or to any other person, or of money deposited or to be deposited with the company or any other person, or of the existing indebtedness of the company or any other person, whether constituting a charge on any of the assets of the company or not, and includes- {a) a debenture stock; {b) a convertible debenture; {c) a bond or an obligation; {d) a loan stock; {e) an unsecured note; or {f) any other instrument executed, authenticated, issued or created in consideration of such a loan or existing indebtedness. but does not include- {a) a bill of exchange; {b) a promissory note; {c) a letter of credit; 1325 6th. AUGUST, 2013 (d) an acknowledgement of indebtedness issued in the ordinary course of business for goods or services supplied; {ej a policy of insurance; or (fJ a deposit certificate, pass book or other similar document issued in connection with a deposit or current account at a financial institution.
{c}
any of the grounds exist for which the licence may not be granted or renewed, or in respect of which an approval may not be granted; or
{d} any of the grounds exist for which the licence may be revoked or suspended or any action which may be taken under any relevant provision, the Authority may take any one or more of the following actions, where relevant-
Terms defined in s 115
debenture
Defined · s 115"debenture" means a written acknowledgement of indebtedness, issued by a company in respect of a loan made or to be made to it or to any other person, or of money deposited or to be deposited with the company or any other person, or of the existing indebtedness of the company or any other person, whether constituting a charge on any of the assets of the company or not, and includes- {a) a debenture stock; {b) a convertible debenture; {c) a bond or an obligation; {d) a loan stock; {e) an unsecured note; or {f) any other instrument executed, authenticated, issued or created in consideration of such a loan or existing indebtedness. but does not include- {a) a bill of exchange; {b) a promissory note; {c) a letter of credit; 1325 6th. AUGUST, 2013 (d) an acknowledgement of indebtedness issued in the ordinary course of business for goods or services supplied; {ej a policy of insurance; or (fJ a deposit certificate, pass book or other similar document issued in connection with a deposit or current account at a financial institution.
Part IX
Part X
Intervention Powers of Authority
Part XI
Complaints Committee and Investor Compensation Scheme
Part XII
Financial Markets Services Panel
Part XIII