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License to Establish a Custodian Bank

ໃບຮັບຮອງການເຄື່ອນໄຫວເປັນທະນາຄານດູແລຊັບສິນ

General information
Name of formality License to Establish a Custodian Bank
Type of formality License
Date of last modification 27.12.2017
Responsible Authorities Lao Securities Commission Office
(021 217770;)
LSIC K - Financial and insurance activities
Who should complete this business formality?
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.
Qualifications needed by the business to get the formality
1. Must be a domestic commercial bank or a branch of a foreign commercial bank
2. Must be in a stable financial position in accordance with the related regulations under the Bank of Lao PDR
3. Must have the asset management system, internal audit, and risk management including secured and flexible bank accounts & securities accounts monitoring system.
4. Have a secured and flexible securities transaction clearing-settlement system for both domestic and overseas.
5. Have an Information Technology system that links with stakeholders and ensure high-level security.
6. Have a mutual agreement with Lao Securities Exchange's (Securities Depository Centre) and Securities company
7. 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.
8. 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.
9. 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. 
10. Other conditions stipulated by the LSC
Additional Comment
After receiving this Formality, the Custodian Bank shall publicise the approval through mass media at least for 5 consecutive working days.

LEGAL FRAMEWORK
Name Number Date Comment
Regulation on Custodian Bank 010/LSCO 07.05.2014 Chapter 2 Application to be the Custodian Bank (Article 3 to Article 7) Chapter 4 Obligations and Fees (Article 12)
Law on Securities 21/NA 10.12.2012 Part IV Securities Intermediaries Chapter 3 Custodian Bank ""

REQUIRED DOCUMENTS FORMALITIES - First time
Name Type Comment
Court Clearence Confirmative act
                                                                        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 Confirmative act
                                                                         
Copy of Enterprise Registration Certificate Confirmative act
                                                                         
Business Activities Report Confirmative act
                                                                         
Application Form Confirmative act
                                                                        by LSCO 
Curriculum Vitae Confirmative act
                                                                        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 Confirmative act
                                                                         
Business Plan on Asset Protection and management of the Investors or  Being a Representative to Protect the Rights and Benefits of the Investors. Confirmative act
                                                                         
Contract with Lao Security Exchange (Securities Depository Center) and Securities Company Confirmative act
                                                                         
Other Related Documents Confirmative act
                                                                        as defined by the LSCO 
Education Qualification Evidence Confirmative act
                                                                        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 Confirmative act
                                                                        2 years after the audit, except the newly established bank. 
Organization Chart of the Bank Confirmative act
                                                                        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. 

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)) 45
 
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 but the applicant shall pay the Annual Management Fee
 
ISSUING FEES
Has application fees? Service fees Certificate fees Application fees Total fees
YES 0.00 20000000.00 5000000.00 25000000.00
Comments
Refer to LSCO Regulation No. 010/LSCO
 
RENEWAL FEES
Has renewal fees? Service fees Certificate fees Renewal fees Total renewal fees
NO 0.00 0.00 0.00 0.00
Comments
The enterprise does not need to renew the license but it shall pay 30,000 LAK for the Annual Management Fee.
     
 

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