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CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 950
Claim by buying dealer in respect of default by selling dealer
950. (1) Where, as at the end of the completion period in relation to a
reportable transaction that is a purchase by a dealer from another dealer:
(a) the first-mentioned dealer has supplied, or is ready, willing and able
to supply, to the other dealer, under the agreement for the purchase,
the consideration for the purchase; and
(b) the other dealer has not supplied to the first-mentioned dealer, under
that agreement, settlement documents in relation to the purchase; the
first-mentioned dealer may make a claim in respect of the purchase.
(2) Where a dealer makes a claim in respect of a purchase of eligible
securities by the claimant from another dealer and the Board is satisfied
that:
(a) subsection (1) entitles the claimant to make the claim;
(b) the claimant has:
(i) for the purposes of the claim, paid to SEGC; or
(ii) under the agreement for the purchase, paid to the other dealer;
the amount of the consideration for the purchase;
(c) settlement documents in relation to the purchase have not been
supplied to the claimant under the agreement for the purchase; and
(d) the agreement has not been discharged or otherwise terminated; SEGC
shall allow the claim and, subject to section 953, supply to the
claimant settlement documents in relation to the purchase.
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