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Uncertificated Securities Regulations 2001 [SI 2001 No. 3755]Introductory TextPart 1 Citation, commencement, and interpretation (regs. 1-3)Regulation 1 Citation and commencementRegulation 2 Purposes and basic definitionRegulation 3 InterpretationPart 2 The Operator (regs. 4-13)Approval and compliance (regs. 4-6)Regulation 4 Applications for approvalRegulation 5 Operating conditions for relevant systemRegulation 6 Fees charged by the Bank of EnglandSupervision (regs. 7-13)Regulation 7 Withdrawal of approvalRegulation 8 Compliance orders and directionsRegulation 9 Injunctions and restitution ordersRegulation 10 Provision of information by OperatorsRegulation 11 Delegation of Treasury functionsRegulation 11A Reports by skilled personsRegulation 11B Appointment of persons to carry out general investigations etc.Regulation 12 International obligationsRegulation 13 Prevention of excessive regulatory provisionPart 3 Participating securities (regs. 14-34)Participation by issuers (regs. 14-19)Participation in respect of shares (regs. 14-17)Regulation 14Regulation 15Regulation 16Regulation 17Regulation 18 Interpretation of regulations 15, 16 and 17Regulation 19 Participation in respect of securities other than sharesKeeping of registers and records (regs. 20-31)Regulation 20 Entries on registers and records in respect of sharesRegulation 21 Entries on registers and records in respect of public sector securitiesRegulation 22 Entries on registers and records in respect of other securitiesRegulation 23 General provisions concerning keeping registers and recordsRegulation 24 Effect of entries on registersRegulation 25 Rectification of registers of securitiesRegulation 26 Closing registersRegulation 27 Registration by an Operator of transfers of securitiesRegulation 28 Registration by a participating issuer of transfers of securities upon conversion into certificated formRegulation 29 Registration to be in accordance with regulations 27 and 28Regulation 30 Registration of linked transfersRegulation 31 Position of a transferee prior to entry on an issuer register of securitiesConversions and new issues (regs. 32-34)Regulation 32 Conversion of securities into certificated formRegulation 33 Conversion of securities into uncertificated formRegulation 34 New issues in uncertificated formPart 4 Dematerialised instructions etc. (regs. 35-36)Regulation 35 Properly authenticated dematerialised instructions, etc.Regulation 36 Liability for forged dematerialised instructions, induced amendments to Operator registers of securities, and induced Operator-instructionsPart 5 Miscellaneous and supplemental (regs. 37-52)Miscellaneous (regs. 37-45)Regulation 37 Construction of references to transfers etc.Regulation 38 Certain formalities and requirements not to applyRegulation 39 Fees charged by OperatorsRegulation 40 Trusts, trustees and personal representatives etc.Regulation 41 Notices of meetings etc.Regulation 42 Notices to minority shareholdersRegulation 43 Irrevocable powers of attorneyRegulation 44 Actual noticeRegulation 45 Participating securities issued in uncertificated formDefaults and contraventions (regs. 46-48)Regulation 46 Breaches of statutory dutyRegulation 47 Liability of officers for contraventionsRegulation 48 Exemption from liabilityNorthern Ireland (reg. 49)Regulation 49 Application to Northern IrelandTransitory provisions, amendments and revocations (regs. 50-52)Regulation 50 Transitory provisionsRegulation 51 Minor and consequential amendmentsRegulation 52 RevocationsSchedule 1 Requirements for operation of a relevant systemSchedule 2 Prevention of excessive regulatory provisionSchedule 3 Procedure for giving directionsSchedule 4 Keeping of registers and records of participating securitiesSchedule 5 Adaptations in respect of Northern IrelandSchedule 6 Transitory ProvisionsSchedule 7 Minor and consequential amendmentsSchedule 7, Part 1 Primary Legislation (paras. 1-13)Schedule 7, Part 2 Subordinate Legislation (paras. 14-24)SignatureExplanatory Note
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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 October 2009 - onwards
Version 4 of 4

Regulation 38 Certain formalities and requirements not to apply

(1) Any requirements in an enactment or rule of law which apply in respect of the transfer of securities otherwise than by means of a relevant system shall not prevent -

(a) an Operator from registering a transfer of title to uncertificated units of a security upon settlement of a transfer of such units in accordance with his rules; or

(b) an Operator-instruction from requiring a participating issuer to register a transfer of title to uncertificated units of a security.

(2) Subject to regulation 32(7), notwithstanding any enactment, instrument or rule of law, a participating issuer shall not issue a certificate in relation to any uncertificated units of a participating security.

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