A pledge serves as a contractual agreement between an investor (pledgor) and a bank (pledgee), outlining the provision of funds in exchange for securities according to mutually established terms for an agreed-upon duration. Within this contractual framework, specific conditions govern the allocation of rights, including entitlements to receive interests, redemptions, and other relevant aspects.
In order for ECSD to accept the pledge case, a set of documents must be provided for each pledge request:
ECSD plays a pivotal role with dual responsibilities:
Firstly, ECSD enforces a pledge on the positions specified in the pledge contract, ensuring compliance with the agreed-upon terms.
Secondly, ECSD diligently disburses interests or redemptions to the rightful recipient, as dictated by the contractual terms. ECSD also provides de-pledge services.
In the event that the pledgor pays off the related debt to the pledgee bank and wishes to release the pledge, they need to submit the following:
· A cover letter from the bank to the ECSD requesting the release of the pledge, the letter should be signed by the bank's authorized signatories
· A pledge release request stamped and signed by the bank’s authorized signatories.
· In the event of legal action, administrative measures, or regulatory decisions, ECSD enforces a freeze on either partial tranches or complete positions in accordance with the instructions received.
· The CSD system additionally offers custodians an extensive list of freezing codes, allowing them to autonomously freeze partial tranches or entire positions according to their own preferences, without requiring direct intervention from ECSD.
When ECSD receives a custodian announcement of a deceased client, the following process will take place:
· Freeze the deceased client’s owned positions across the CSD system (i.e. using UIC under different custodians.)
· Suspend any cashflow payment (Disbursement of interests or redemptions) related to the deceased client’s financial position according to this freeze code.
· Receive a formal request from the heirs. A solo request from one of the heirs will trigger the process to distribute the deceased client’s frozen securities position.
· Have ECSD’s legal department review the related supporting documents “death certificate / inheritance notification”.
· Before heritage distribution, ECSD to check if the heirs’ have their own UIC. If they have a valid UIC, ensure that it is registered under any of the exiting custodians in the CSD. If not, request them to create a new unified code through a licensed custodian and sign a custody agreement with the local custodian.
· Start deallocating position from the deceased client and allocate the positions to the heirs’ codes based on a three-level validation process.