Act on Securities Trading (Securities Trading Act)

Part 7. Securities settlement

Chapter 16. General provisions

Section 16-1.Execution of orders

Investment services as mentioned in section 2-1 subsection (2) shall be provided in the name of the investment firm. The investment firm is responsible to the principal and to the party with whom it concludes an agreement for due performance of orders that it has executed. The investment firm is not responsible to the principal in cases where the principal has approved the other party in advance.

Section 16-2.Investment firm’s right of security

(1) An investment firm has the right to retain the financial instruments it has purchased for a principal with respect to any claim arising from the assignment.
(2) If the principal fails to pay within three days of the agreed settlement date, the firm may itself sell the financial instruments for the principal's account to cover its claims, unless other agreement has been made.
(3) A cover sale as mentioned in subsection (2) shall be effected at market price or a price that is reasonable in relation to the market situation.

Section 16-3.General rules of invalidity

In case of purchase or sale of financial instruments through an investment firm the ordinary rules of contract invalidity apply to the relationship between the purchaser and the seller.

Section 16-4.Objection in case of delayed performance

Where a party fails to honour his obligations by the agreed date the other party must, except as otherwise agreed, immediately notify the matter if he wishes to invoke such delay as a basis for terminating the agreement.