The Nigerian Stock Exchange (“NSE”) announced the expulsion
of Gosord Securities Limited (“Gosord”) and Lakesworth Investment &
Securities Limited (“Lakesworth”), two dealing members of NSE and the
revocation of their dealing licenses for regulatory infractions involving unauthorized
sale of clients’ shares contrary to the Rules and Regulations Governing Dealing
Members of The Nigerian Stock Exchange.
In line with its zero tolerance policy on regulatory
infractions, NSE stated that its National Council after carefully considering the
documents relating to each firm and giving each firm an opportunity to be heard
reached the decision to expel both firms and revoke their dealing licenses. The
National Council acted under powers conferred on it by the Memorandum and
Articles of Association of The Exchange (“MEMART”) and the Rules and
Regulations Governing Dealing Members (“the Regulations”).
Speaking on the development, the Head, Legal and Regulation
Division, Tinuade Awe said “NSE is committed to restoring investor confidence
in the Nigerian capital market. NSE will not hesitate to bring the full
weight of its regulatory powers to bear on any Dealing Member that
commits regulatory infractions and does not take steps to address them as
appropriate even after being given sufficient time to do so.” She explained
that of all the penalties, expulsion and revocation of dealing license is
usually viewed as a last resort where a Dealing Member fails to engage in
conduct to rectify wrongdoing or comply with the directives of the National
Council.
NSE received several complaints of unauthorized sale of
clients’ shares against Gosord. The National Council found that:
- Gosord breached Article 59(v) of the Rules and Regulations Governing Dealing Members of NSE by engaging in unauthorized sales of clients’ shares;
- Gosord failed to buy back clients’ shares and resolve all complaints against it, as directed by the Disciplinary Committee (which decision was approved by the National Council); and
- Gosord’s conduct was dishonorable, disgraceful, unprofessional and detrimental to the interests of NSE (by destroying investors’ confidence in the market and eroding the goal of NSE to operate a fair, transparent and orderly market).
NSE received one complaint of unauthorized sales of a
client’s shares against Lakesworth. The National Council found that:
- Lakesworth breached Article 59(v) of the Rules and Regulations Governing Dealing Members of The Exchange by engaging in unauthorized sales of a client’s shares;
- Lakesworth failed to buy back the client’s shares and resolve all complaints against it, as directed by the Disciplinary Committee (which decision was approved by the National Council); and
- Lakesworth’s conduct was dishonorable, disgraceful, unprofessional and detrimental to the interests of NSE (by destroying investors’ confidence in the market and eroding the goal of NSE to operate a fair, transparent and orderly market).
- The expulsions take immediate effect and all rights, incidences and privileges of membership automatically cease. The affected firms have been duly notified.
The general public should not deal with the expelled firms
in relation to any transactions on NSE. Investors who hold stockbroking
accounts in Gosord or Lakesworth should transfer their stocks to any active
licensed stockbroking firm that is a Dealing Member of NSE. A list of active
Dealing Members can be found on The Exchange’s website at www.nse.com.ng.
Investors or clients of either of the two expelled firms who may have deposited
funds or securities such as share certificates with Gosord or Lakesworth are
advised to go and collect such assets directly from the expelled firm. The
unresolved complaints against Gosord, which were either brought to The Exchange
by complainants or referred to The Exchange by the Securities and Exchange
Commission have been referred to the Investor Protection Fund.
NSE is a Self-Regulatory Organisation with over 250 listed
securities and 222 active Dealing Members. NSE operates a fair, orderly
and transparent market that brings together the best of African enterprises,
and the local and global investor communities. The Nigerian bourse is poised to
champion the acceleration of Africa's economic development, and to become “the
Gateway to African Markets”.
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