Section 49 Investments and Securities Act 2025

Section 49 of the Investments and Securities Act 2025 is about Duty to provide assistance. It is under Part V (Registration and Regulation of Securities Exchanges, Financial Market Infrastructures and other Self Regulatory Organisations) of the Act. It provides as follows:

(1) A person who has control of any asset of a defaulter has a duty to provide the financial market infrastructure such assistance as the financial market infrastructure may reasonably require for the purpose of its default proceedings.

(2) Where the control of such assets by the person is as a result of lawfully holding same as a security, an insolvency office holder shall also acknowledge and defer to such secured creditor’s right to the extent that the person does not need to elect to surrender such security and is entitled to enforce same without any general insolvency rule restriction.