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License to Establish a Custodian Bank
托管银行创办许可证
ໃບຮັບຮອງການເຄື່ອນໄຫວເປັນທະນາຄານດູແລຊັບສິນ
Any domestic or foreign commercial bank with the purpose of operating as a custodian bank, to act as a custodian and managing investor's assets, clearing and settling securities transactions in the Lao PDR. Apply at Lao Securities Commission Office (021 217770;).
Who needs this
Any domestic or foreign commercial bank with the purpose of operating as a custodian bank, to act as a custodian and managing investor's assets, clearing and settling securities transactions in the Lao PDR.
Requirements
- Must be a domestic commercial bank or a branch of a foreign commercial bank
- Must be in a stable financial position in accordance with the related regulations under the Bank of Lao PDR
- Must have the asset management system, internal audit, and risk management including secured and flexible bank accounts & securities accounts monitoring system.
- Have a secured and flexible securities transaction clearing-settlement system for both domestic and overseas.
- Have an Information Technology system that links with stakeholders and ensure high-level security.
- Have a mutual agreement with Lao Securities Exchange's (Securities Depository Centre) and Securities company
- Must have qualified executives and employees with at least a bachelor's degree level or above in Financial-Banking, Accounting, or other related areas. And have experience in such a field for 3 years or above, have never been convicted on criminal offenses such as fraud, embezzlement, forgery, bribery, corruption, or money laundering, and have never committed any offense in the securities business sector.
- Have a Division or Unit for Safekeeping and Managing investor's assets or act as an agent to protect the rights and benefits of the investors. And have an appropriate number of employees in the relevant position.
- For the foreign commercial bank that intended to operate as a custodian bank in Lao PDR, other than the conditions mentioned above, the applicant must also have a joint agreement with a domestic commercial bank located in Lao PDR to act as a correspondent bank for monetary or securities payment. The foreign commercial bank must come from a country where the securities regulators in Lao PDR have tied cooperation with by signing a memorandum of understanding.
- Other conditions stipulated by the LSC
Documents — first application
| Document | Note |
|---|---|
| Court Clearence | issued within 3 months of the manager and relevant staff in the Department or Unit of Asset Protection and Management of the investors or being a representative to protect the rights and benefits of the investors. |
| Resolution of Board of Director | |
| Copy of Enterprise Registration Certificate | |
| Business Activities Report | |
| Application Form | by LSCO |
| Curriculum Vitae | of the manager and relevant staff in the Department or Unit of Asset Protection and Management of the investors or being a representative to protect the rights and benefits of the investors. |
| Code of Conduct of the Bank | |
| Business Plan on Asset Protection and management of the Investors or Being a Representative to Protect the Rights and Benefits of the Investors. | |
| Contract with Lao Security Exchange (Securities Depository Center) and Securities Company | |
| Other Related Documents | as defined by the LSCO |
| Education Qualification Evidence | with experience, or training of the manager and relevant staff in the Department or Unit of Asset Protection and Management of the investors or being a representative to protect the rights and benefits of the investors. |
| Financial Statement | 2 years after the audit, except the newly established bank. |
| Organization Chart of the Bank | with details of objectives, rights, and duties of the Department or Unit of Asset Protection and Management of the investors or being a representative to protect the rights and benefits of the investors. |
Legal framework
- Regulation on Custodian Bank
- Law on Securities
How to submit
- Means of presentation
- At the Authority Offices
- Address of authority
- Lao Securities Commission Office, Bank of Lao PDR
- Processing time
- 45
Validity and renewal
- Has an expiry date
- NO
- Renewal process
- No renewal requirement but the applicant shall pay the Annual Management Fee
Additional comment
After receiving this Formality, the Custodian Bank shall publicise the approval through mass media at least for 5 consecutive working days.