dealer (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:
- (i)
- if a transfer of the securities concerned pursuant to the purchase would
be an SCH-regulated transferhas not done all things that that dealer is
required to do under the SCH business rules to effect a transfer of the
securities pursuant to the purchase; or
- (ii)
- in any other casehas 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.
(1A) A dealer may make a single claim under this section in respect of 2 or
more purchases.
(1B) A claim made under subsection (1A) is to be treated for the purposes
of subsection (2) as if it consisted of a separate claim in respect of
each of the purchases to which it relates.
(2) Where a dealer makes a claim in respect of a purchase of securities by the
claimant from another dealer and the Board is satisfied that:
- (a)
- subsection (1) entitles the claimant to make the claim; and
- (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; and
- (ba)
- if a transfer of the securities pursuant to the purchase would be an
SCH-regulated transferthe other dealer has not done all things that that
dealer is required to do under the SCH business rules to effect a transfer of
the securities pursuant to the purchase; and
- (c)
- if paragraph (ba) does not applysettlement 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 must allow the claim.
(3) If:
- (a)
- SEGC allows under subsection (2) a claim in respect of a
purchase of securities; and
- (b)
- a transfer of the securities pursuant to the purchase would be an
SCH-regulated transfer;
SEGC must, subject to section 952A, transfer to the claimant securities
of the same kind and number as the first-mentioned securities.
(4) If:
- (a)
- SEGC allows under subsection (2) a claim in respect of a
purchase of securities; and
- (b)
- subsection (3) does not apply;
SEGC must, subject to section 953, supply to the claimant settlement
documents in relation to the purchase.