Jordan Securities Commission Approves Mandatory Principles of Marketing Agreements Made by Financial Services Companies
29-Sep-2013
On September 24.2013 Jordan Securities Commission (JSC) Board of Commissioners chaired by HE Mr Mohammed Saleh Hourani approved the following “Mandatory Principles of Marketing Agreements Made by Financial Services Companies”:
Mandatory Principles of Marketing Agreements Made by Financial Services Companies, Issued by Virtue of the Provisions of Articles (123,12 and8) of the Securities Law No.(76) for the year 2002 and Ratified According to the Board of Commissioners Decision No.(325/2013) on September3.2013
Article (1):
The Marketer is the Legal Person attracting clients to deal with Financial Services Companies (FSCs) licensed by the Jordan Securities Commission (JSC) taking into consideration the following:
A. The context of the Memorandum of Association & the Articles of Association of the Jordanian Legal Person shall refer to the purpose of marketing.
B. Unless licensed by the Commission, the Marketer may not engage in any businesses relevant to financial services activities.
Article (2):
A. The relationship between the Marketer and the (FSC) shall be governed by a written agreement signed by the authorized signatories in both companies. The agreement shall be ratified duly by the decision of the company’s Board of Directors/ Board of Executives.
B. Under all circumstances, the agreement shall be consistent with the legislations of the Hashemite Kingdom of Jordan in particular, the Securities Law and the regulations, instructions and decisions issued pursuant thereto in force.
C. The Marketer shall abide by providing the attracted client with a copy of the Marketing Agreement signed with the (FSC).
Article (3):
The context of the Agreement shall clearly indicate the mechanism and method for calculating the marketing commission. It shall emphasize that this commission is deducted from the one on the (FSC) and shall not be added on commissions paid by clients. It shall abide by the maximum and minimum limits of commissions charged by the Financial Brokerage Company (FBC) for trading in shares and specified by the Board.
Article (4):
A. The Marketer shall be prohibited from attracting clients associated with him, including the following entities:
1. Parent and/or Sister and/or Subsidiary and/or Affiliate Companies.
2. Chairman, members of the (Board of Directors/Board of Executives) and the General Manager/the Chief Executive Officer (CEO). In case they are Legal Persons, the prohibition shall include their representatives.
3. Chairman, members of the Board of Directors/ Board of Executives and the General Manager/the (CEO) of a Subsidiary and/or Affiliate Company. In case they are Legal Persons, the prohibition shall include their representatives.
4. Any person owning (5%) or more of the company’s shares or of Affiliate Companies.
5. Relatives of Natural Persons referred to above according to the stated “Definition” in the Securities Law.
B. No one in the Senior Management at the Marketer shall be a first-degree relative of the registered administrators or technicians or employees of the (FSC).
Article (5):
The (FBC) shall abide by dealing with attracted clients either in cash or merely in Margin Finance Accounts.
Article (6):
The (FBC) shall abide by the Provisions of the Securities Law and the regulations, instructions and decisions issued pursuant thereto upon dealing with attracted clients.
On the other hand, Jordan Securities Commission (JSC) Board of Commissioners decided to amend the “Principles to Register Natural Persons to Carry out Financial Services Activities” by adding (Item Seven) as follows:
Seven: The Board may exclude the applicant from the condition of attending the training program and passing the exam in every registration, shall he has practical and professional experiences of not less than 7 years in the field of financial services.