Commonwealth Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 952

Claim by buying client in respect of default by buying dealer
952. (1) Where, as at the end of the prescribed period in relation to a
reportable transaction that is a purchase by a dealer on behalf of a person:

   (a)  the person:

        (i)    in a case to which subparagraph (ii) does not apply-has paid to
               the dealer the purchase price in relation to the purchase; or

        (ii)   if the dealer has been suspended by the participating exchange
               concerned and the suspension has not been removed-has paid, or
               is ready, willing and able to pay, to the dealer the
               purchase price in relation to the purchase; and

   (b)  the dealer's obligations to the person in respect of the purchase, in
        so far as they relate to settlement documents in relation to the
        purchase, have not been discharged; the person may make a claim in
        respect of the purchase.

(2) Where a person is entitled to make claims under subsection (1) in respect
of 2 or more purchases by the one dealer, the person may make a single claim
in respect of 2 or more of those purchases but a claim so made shall be
treated for the purposes of subsection (3) as if it consisted of a separate
claim in respect of each of those purchases.

(3) Where a person makes a claim in respect of a purchase of eligible
securities by a dealer on behalf of the claimant and the Board is satisfied
that:

   (a)  subsection (1) entitles the claimant to make the claim;

   (b)  the claimant has:

        (i)    under the agreement for the purchase, paid to the dealer; or

        (ii)   for the purposes of the claim, paid to SEGC;
the amount of the consideration for the purchase; and

   (c)  the dealer's obligations to the claimant in respect of the purchase,
        in so far as they relate to settlement documents in relation to the
        purchase, have not been discharged; SEGC shall allow the claim and,
        subject to section  953 , supply to the claimant settlement documents
        in relation to the purchase. 


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback