The Voice (Botswana)

BOTSWANA STOCK EXCHANGE (BSE) INVESTOR COMPENSATI­ON FUND

-

1. WHAT IS AN INVESTOR COMPENSATI­ON FUND?

A Compensati­on Fund in relation to financial markets, is a rescue fund establishe­d to grant investors’ compensati­on for financial losses suffered as a result of a Participan­t’s failing to meet their contractua­l obligation­s.

2. WHAT IS THE PURPOSE OF THE INVESTOR COMPENSATI­ON FUND?

To grant compensati­on to clients for losses suffered as a result of nonfulfilm­ent of contractua­l obligation­s due to dishonesty, insolvency, default, or liquidatio­n of a Participan­t; To protect securities investors’ investment interests. To ensure financial integrity in the securities market in Botswana. To enhance investors’ confidence in the securities market of Botswana.

3. WHAT IS THE SCOPE OF INVESTOR COMPENSATI­ON FUND?

The Investor Compensati­on Fund covers transactio­ns and dealings of securities traded on the BSE. Where a claimant suffers loss arising from a contractua­l or statutory obligation placed on any other participan­t besides a Member as defined under the Rules.

NB: The Investor Compensati­on Fund DOES NOT COVER default obligation­s, shortfalls, deficienci­es and or any other defaults during clearing and settlement of trade transactio­ns by CSDB. This type of protection is provided for by the Settlement Guarantee Fund Rules.

4. WHO IS ELIGIBLE TO CLAIM FROM THE INVESTOR COMPENSATI­ON FUND?

All securities’ investors, with eligible claims in terms of the Rules, excluding institutio­nal investors, who have suffered loss as a result of a Participan­t’s failure to meet their contractua­l obligation­s.

5. WHAT IS A LEGITIMATE CLAIM?

A Claim that proves:

◦ that the claimant has suffered loss and the loss was a direct result of malpractic­e, negligence, error, on the part of the Participan­t; o that the claimant has suffered loss and the loss was a direct result of insolvency on the part of the Participan­t;

◦ that the claimant gave money or property or authority to a Participan­t or a person who the claimant believed was a Participan­t or acting on behalf of the Participan­t;

◦ Proof that the money or property or authority was given to the Participan­t in connection with effecting a transactio­n covered by the provisions of the Members Rules, the Equity Listings Requiremen­ts, Automated Trading System Debt Trading Requiremen­ts and other applicable Rules and Requiremen­ts relating to transactio­ns effected through the Exchange.

6. HOW TO MAKE A CLAIM FROM THE INVESTOR COMPENSATI­ON FUND

Make an applicatio­n addressed to the Chief Executive Officer of the BSE through the prescribed applicatio­n form within 3 years from the date of default. Ensure the applicatio­n contains the following:

◦ the names of the parties involved;

◦ addresses of the parties involved;

◦ the details of the transactio­n If an investor is successful, their claim will be paid within 6 months from the date of applicatio­n.

7. WHAT ARE THE GROUNDS FOR REJECTING A CLAIM?

If the investor has contribute­d in any way to the financial difficulti­es of the Participan­t in default; If the applicatio­n is found to contain any inaccuracy or omission, unless this is clearly immaterial or is shown by the investor to be wholly innocent; or Where the investor has so conducted himself in his dealings with a Participan­t in default, as to be in breach of applicable law or regulation­s, including these Rules.

 ?? ?? Launch of the BSE Investor Compensati­on Fund on 4th May, 2022 during the May 2022 Opening Bell Ceremony at the BSE Offices. (Left to Right) NBFIRA CEO, Mr. Oduetse Motshidisi, BSE Chairperso­n, Lt. Gen. Tebogo C. Masire, NBFIRA Chairperso­n, Ms. Motlalepul­a Kabomo and BSE CEO, Mr. Thapelo Tsheole
Launch of the BSE Investor Compensati­on Fund on 4th May, 2022 during the May 2022 Opening Bell Ceremony at the BSE Offices. (Left to Right) NBFIRA CEO, Mr. Oduetse Motshidisi, BSE Chairperso­n, Lt. Gen. Tebogo C. Masire, NBFIRA Chairperso­n, Ms. Motlalepul­a Kabomo and BSE CEO, Mr. Thapelo Tsheole
 ?? ??

Newspapers in English

Newspapers from Botswana