Definition of securities, rules for issuance and transformation
Only those certificates or data, which were registered, recorded and forwarded
in any other legally specified way can be considered as securities which have
the necessary pre-defined elements and whose issuance is permitted by the legal
regulations. The CMA mentions secondary securities, which are construed as custody
certificates issued for securities falling within the scope of the act, while
the definition of the elements and the conditions for the issuance of such securities
are left within the scope of legal regulations at a lower level.
Dematerialised securities exist and can be forwarded in electronic form as opposed
to printed (physical) securities. Disposal over dematerialised securities is possible
in the form of crediting and debiting the account in question. In the case of
printed securities, the same is carried out by depositing the issued security
in the vault, on the securities custody account or by debiting the custody account.
The regulation obviously set the strengthening of dematerialised securities as
its goal, since securities can only be issued publicly in electronic form. The
rules for transformation also serve this goal. Accordingly, as of the day of the
transformation, the issuer declares the converted series of securities as invalid
and transforms them into an electronic form. In the case of the transformation
of debt securities and investment coupons, the owner of the printed security can
request the crediting of the dematerialised security to the securities account
by submitting the security and specifying the investment service provider managing
the securities account, by indicating the expiry of the security or the cessation
of the investment fund that issued the investment coupon.