Commonwealth Numbered Acts

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CORPORATIONS ACT 2001 No. 50, 2001 - SECT 869

Withdrawals from trust account

(1) A licensee must not withdraw money from a trust account except:

(a)
to make a payment to, or in accordance with the written directions of, a person entitled to the money; or

(b)
to make a payment under section 889 to a stock exchange; or

(c)
to defray brokerage or any other proper charge; or

(d)
to pay to the licensee money to which the licensee is entitled, being money that was paid into the trust account but need not have been so paid; or

(e)
to make a payment that is otherwise authorised by any law of the Commonwealth or any law of a State or Territory in this jurisdiction.

(2) Nothing in this Part affects a lawful claim or lien that a person:

(a)
has against or on money held in a trust account of a person; or

(b)
has, before money received for the purchase of securities or from the sale of securities is paid into a trust account of a person, against or on that money.

(3) A person who contravenes subsection (1) is guilty of an offence. (4) A person who, with intent to defraud, contravenes subsection (1) is guilty of an offence.



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