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Treasury transactions |
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By opening a Securities Account
the customer may enange - independently or with the bank's assistance
- in buying, transfering to or receiving securities from third parties
and making investments in the Latvian and world securities markets.
Investor protection scheme
Investor protection scheme is a set of measures put in place for the
protection of the interests of the investors, for ensuring financial
resources necessary for such protection and for the payment of compensation
under the Investor Protection Law.
Who is entitled to compensation?
The right to receive a compensation is granted to the investor – a person
who transfers money or financial instruments to the scheme participant
for the delivery of investment services. A scheme participant is a legal
person that has received a licence from the Financial and Capital Market
Commission to provide investment services.
Which cases are eligible
for compensation?
Compensation is payable on irreversible loss of financial instruments
or damage caused by non-executed investment services.
An irreversible loss of financial instruments is
a fact to be established by the Financial and Capital Market Commission
having decided that the data certifying the investor's title to the financial
instruments and stored by the computer system of a scheme participant
or included in any other type of accounting, have been irreversibly destroyed
or damaged due to an act or omission or criminal offence and the scheme
participant refuses to restore such data on the basis of the documents
presented by the investor;
A non-executed investment service is an investment
service accepted for delivery by a scheme participant but fully or partially
not carried out by that participant, whereby the investor has suffered
loss, or financial instruments have irreversibly been lost as a result
thereof.
What is the amount of the
compensation?
Irrespective of the day when a scheme participant had accepted an investment
service for execution, the compensation due to one investor is calculated
as follows:
- From 1 January 2002 until 31 December 2003 — 90 per cent of the value
of irreversibly lost financial instruments or damage caused by a non-executed
investment service, however, no more than LVL 3 000;
- from 1 January 2004 until 31 December 2005 —90 per cent of the value
of irreversibly lost financial instruments or damage caused by a non-executed
investment service, however, no more than LVL 6 000;
- from 1 January 2006 until 31 December 2007 —90 per cent of the value
of irreversibly lost financial instruments or damage caused by a non-executed
investment service, however, no more than LVL 9 000;
- from 1 January 2008 — 90 per cent of the value of irreversibly lost
financial instruments or damage caused by a non-executed investment
service, however, no more than LVL 13 000.
Compensation is not disbursed to:
- A person for transactions havign resulted in a judgement of conviction
in a criminal matter for money laundering;
- Scheme participants, insurance companies, holding companies or other
investors who informed the respective authorities of the fact that they
are professional investors;
- Persons party to the same group of companies as the scheme participant;
- Pension funds;
- State and local governments;
- Board and Council members of a scheme participant, heads of audit
commissions and members of such commissions, heads of internal audit
services and members of such services, other employees of the scheme
participant who have been authorised to carry out or been responsible
for planning, management and control of the activities of the scheme
participant, as well as to persons who have directly or indirectly acquired
more than five per cent of the capital of a scheme participant;
- Persons responsible for the audit of the accounting documents of
scheme participants specified by law;
- Persons who are relatives of the first degree of kinship, or spouses
of the persons referred to in Clause 6 and 7;
- Persons who act on behalf of the persons referred to in Clause 7;
- Persons regarding whom the Financial and Capital Market Commission
has established that, on the basis of special provisions of a contract
concluded individually, they have received high interest rates or financial
concessions, or have caused or have taken advantage of circumstances
which have resulted in financial difficulties or have contributed to
the deterioration in the financial situation of a scheme participant.
How to apply for compensation?
Compensation is paid only to the investors who have submitted an application
to the Financial and Capital Market Commission stating an irreversible
loss of financial instruments or damage caused by a non-executed investment
service.
An application for the receipt of compensation must
be submitted within a one-year as of the moment when the investor has
become aware of the fact that the scheme participant has not met its obligations
but no later than within five years as of the date of the default on the
respective obligations.
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