Recommendation 1 Recommendation 2 Recommendation 3 Recommendation 4

Recommendation 5 Recommendation 6 Recommendation 7 Recommendation 8

Market selection

Recommendation 8

Local laws and regulations should ensure that there is segregation of client assets from the principal assets of their custodian; and no possible claim on client assets in the event of custodian bankruptcy or a similar event. Regulators and markets, to further improve investor protection, should work:

• to ensure clarity on the applicable law on cross border transactions
• to seek international agreement on a legally enforceable definition of finality in a securities transaction
• to ensure that local law fully protects the rights of beneficial owners
• to strengthen securities laws both to secure the rights of the pledgee and the protection accorded to client assets held in Securities Systems.

1.	Under local rules and regulations, what are the segregation requirements for keeping client assets and custodian assets in the depository?	Whether a client, a bank or a broker, each investor has a single account which must be used in each transaction involving such investor, to record the transfer of the investor's securities. Registration is kept at the beneficial owners' level. Within CAVALI, an account is set up for each participant within which all assets (stocks and bonds) are registered in the beneficial owners' name. Omnibus accounts are not used in the Peruvian market.
2.	How are clients' assets protected in the event of insolvency of a custodian or depository?	Client assets are protected simply because they are in the name of the clients, which is evidence that they do not belong to the custodian or depository.
3.	Does local law recognise the existence of beneficial owners who may differ from the legal owner of a security?	No. The law prescribes that the owner of the securities is that who is shown in the Accounting Register kept by CAVALI.
4.	Does local law clearly define the point of time when a settlement, both for the security and the cash involved, achieves finality and thus cannot be unwound?	Yes , at T+3.
5.	Does a pledgee have an absolute right to realise their security at all times?	Yes.
6.	Does the depository have loss sharing provisions in its rules, and how would these be applied?	The law allows for equity companies, such as the case of CAVALI, to hold temporary shares, which are issued and given to their owners before the capital stock is registered in the mercantile public registries.