Participation Agreement - KDPW

Participation Agreement

An agreement concerning direct participation in KDPW may be concluded for different types of activities carried out on the market in financial instruments by the entity seeking participation:

Brokerage activities:

  • Agreement for an entity operating securities accounts or omnibus securities accounts:
    • brokerage house
    • brokerage house – own account
    • lead manager
    • representative.

Custodian activities:

  • Agreement for an entity operating securities accounts or omnibus securities accounts:
    • custodian
    • custodian - own account
    • lead manager
    • representative.

Direct participant which perform the role of central securities register and whose offices are located outside the territory of the Republic of Poland:

  • Agreement for a holder of an omnibus securities account in KDPW

 
  • Agreement for an entity which outsources the operation of its proprietary securities account to KDPW

 

Direct participant managing a settlement house:

  • Agreement for participants acting as settlement agent, which following the conclusion of an agreement with another direct participant, manage for that participant a depository account and represent that participant within the scope of the registration of transaction settlement positions performed by a settlement house on dedicated registration accounts separated for this purpose and managed by KDPW for the represented direct participant
  • Agreement for an entity which outsources the operation of its proprietary securities account to KDPW


Direct participant performing activities involving the clearing of transactions executed as part of securities trading:

  • Agreement for a holder of an omnibus securities account in KDPW

 
  • Agreement for an entity which outsources the operation of its proprietary securities account to KDPW


Other activities:

  • Agreement for a holder of an omnibus securities account in KDPW
  • Agreement for an entity which outsources the operation of its proprietary securities account to KDPW


The deadline for concluding the participation agreement or extending the participation to a new type of participation

According to § 32 of the KDPW Rules (“Rules”), KDPW shall decide on whether or not to conclude an agreement for direct participation with the applicant and shall prepare a response to the applicant in this matter within a period of one month from the date of the submission of the application for the conclusion of this agreement by the applicant; where the applicant is a CSD or CCP – then within three months of this date.

Form of submitting documents

The application and supplementary appended documentations must be submitted in the original form or as properly certified copies - according to § 5 subpar 3 of the Rules.

Furthermore (§ 6 of the Rules), official documents prepared abroad, should be legalised in accordance with the relevant law. If a public document has been prepared in a country that is a signatory to the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents, such a document should be apostilled by the relevant state department from the country where the document has been drafted.