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License to Establish Security Company

ໃບອະນຸຍາດສ້າງຕັ້ງບໍລິສັດຫຼັກຊັບ

General information
Name of formality License to Establish Security Company
Type of formality License
Date of last modification 26.08.2017
Responsible Authorities Lao Securities Commission Office
(021 217770;)
LSIC K - Financial and insurance activities
Who should complete this business formality?
Individuals or legal entity that intends to establish the Securities Company that can conduct the following businesses: 1. Financial Advisory Service (giving advice on the corporate restructuring, administrative and financial management of the company that is preparing to offer their shares to the public and registering in the Lao Securities Exchange); 2. Securities Broker (being an intermediary or agent for securities trading according to purchasing or selling
orders of the customers and providing other financial advisors to the investors); and 3. Securities Underwriter (underwriting securities issued by means of assisting in the sale of securities or purchasing securities partially or entirely from an issuer for the remaining portion in order to guarantee the success of issuance of securities).
Qualifications needed by the business to get the formality
1. Having the minimum registered capital of 5 Billion LAK for the financial advisor service; 30 Billon LAK for the Broker services; and 100 Billion LAK for the securities underwriting services
2. For the broker and securities underwriting services, having at least one shareholder that is a commercial bank established under Lao PDR and that shareholder shall hold more than 30%; and for the financial advisor service, having the domestic investor holds more than 10% of the total registered capital 
3. Having good reputation and having the management that has knowledge and experience in securities, financial-banking or accounting fields at least 5 years.
4. Having the business plan for the first 3 years after the establishment.
5. Having good financial conditions as audited by the audit firm
6. Not being convicted or adjudicated in a criminal trial relating to embezzlement, fraud and other securities-financial-banking and accounting crime.
7. The applicant for establishment of the securities company from abroad shall be securities company and shall obtain the approval from Securities and Exchange Commission from that origin country
8. For the securities company that provides securities broker and underwriting services shall have the cooperation agreement with at least one custodian bank to ensure the settlement.
9. After getting the Temporary License, the investor shall contribute their equity capital in full.
10. Having the location and operating equipment that is sufficient and appropriate for the securities business.
11. Having the operational, audit, internal management and risk assessment system for each division.
12. Having securities technical staffs that have certificate of the securities expertise in the service field of that enterprise and having sufficient amount of technical staff. 
13. Having the organizational structure that comprises of board of management, special committees for the management (i.e. Internal Adit Committee and Compliance Unit Committee) that have the qualifications and conditions as defined under the Law.
Additional Comment
1. In case that the applicant cannot meet all the required conditions required for the obtainment of the Permanent License within 180 days after the receipt of the Temporary License, the Temporary License shall be revoked, except the applicant can give a justifiable explanation and LSCO may allow for the extension of time to complete all those requirements for the maximum of 90 days.
2. After receiving the Permanent License, the investor shall apply for Enterprise Registration Certificate.
3. Securities Company that obtains the Enterprise Registration Certificate shall notify the general public via mass media of their establishment within 5 days after the receipt of the Enterprise Registration Certificate.

LEGAL FRAMEWORK
Name Number Date Comment
Regulation on the Establishment and Operation of Securities Company 002/LSCO 24.07.2013 Article 3 to 7 , Article 13
Law on Securities 21/NA 10.12.2012 Part IV Securities Intermediaries Chapter 1 Securities Company (Article 50 to Article 64) ""

REQUIRED DOCUMENTS FORMALITIES - First time
Name Type Comment
List of shareholders and shareholding ratio Confirmative act
                                                                        attach with the CV of the shareholders, copy of ID or passport for shareholders who are individuals 
Business Operating Background Confirmative act
                                                                        of the Board of Directors 
Education Qualification Evidence Confirmative act
                                                                         
Business Plan Confirmative act
                                                                        at least for the next 3 years after the establishment 
Power of Attorney (in case the applicant appoints the attorney to proceed with the application) Confirmative act
                                                                         
Approval to Investment in Lao PDR issued by the authority in their origin country Confirmative act
                                                                         
Organization Chart of the Enterprise Confirmative act
                                                                         
Agreement between the Securities Company and the Custodian Bank Confirmative act
                                                                        Copy of contract between Security Company and Bank (before operating security business) 
Partnership Agreement Confirmative act
                                                                         
Enterprise Registration Certificate Confirmative act
                                                                         
Court Clearence Confirmative act
                                                                         
Company's Regulations Confirmative act
                                                                         
Application Form Confirmative act
                                                                        by the LSCO 
Financial Reports of the Shareholders who are Legal Entities Confirmative act
                                                                        by the auditing company 

REQUIRED DOCUMENTS FORMALITIES - Renew
Name Type Comment
 
Mean of presentation
Means of presentation At the Authority Offices
Address of authority Lao Securities Commission Office, Bank of Lao PDR
Processing Time (Day(s)) 60 1. Review process for the issuance of the Temporary License shall be completed within 30 days; and 2. The Permanent License shall be issued within 30 days after the fulfilment of all the required conditions (i.e. the full paid-up capital contribution).
 
RENEWAL INFORMATION
Does the formality have a validity or an expiration date? NO
How long will the formality be valid for? (in months) 0
What is the process and conditions to get the formality?
What is the process and conditions to renew the formality? No renewal requirement for this Formality; however, the enterprise shall pay the Annual Management Fee within the first quarter of the following year from the year of establishment.
 
ISSUING FEES
Has application fees? Service fees Certificate fees Application fees Total fees
YES 0.00 0.00 0.00 0.00
Comments
According to LSC Regulation No. 002/LSC
The Certificate fee shall be calculated at the rate of 0.1% of the registered capital and shall be paid upon the receipt of the Permanent License.

And the application form's fees are: 
- For the head office: 20,000,000 KIP 
- For Branch and Counter Service: 10,000,000 KIP
 
RENEWAL FEES
Has renewal fees? Service fees Certificate fees Renewal fees Total renewal fees
YES 0.00 0.00 30000000.00 30000000.00
Comments
The Annual Management fees hall be paid at the rate of 0.1% of the total annual revenue; provided that the minimum payment shall be 30,000,000 LAK and shall be paid within the first quarter of the following year.
     
 

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