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CORPORATIONS ACT 2001 No. 50, 2001 - SECT 952A
Cash settlement of claimsSCH-regulated transfers
If:
- (a)
- SEGC:
- (i)
- allows under subsection 950(2) a claim in respect of a purchase of
securities by the claimant from a dealer; or
- (ii)
- allows under subsection 952(3) a claim in respect of a purchase of
securities by a dealer on behalf of the claimant; and
- (b)
- a transfer of the securities pursuant to the purchase would be an
SCH-regulated transfer; and
- (c)
- it is not reasonably practicable for SEGC to obtain securities of the same
kind and number as the first-mentioned securities from the dealer before the
end of:
- (i)
- if the SCH business rules, as in force when the Board allows the claim,
prescribe a period, for the purposes of this section, in relation to a class
of claims that includes the claimthat period; or
- (ii)
- otherwisesuch period as the Board, having regard to all the
circumstances of the claim, considers reasonable; and
- (d)
- it is not reasonably practicable for SEGC to obtain, otherwise than from
the dealer, securities of that kind and number before the end of that period
because:
- (i)
- whether because that dealing in those securities is suspended or for any
other reason, there exists at no time during that period an orderly market in
those securities; or
- (ii)
- the total number of those securities offered for sale on stock markets of
participating exchanges or Exchange subsidiaries at times during that period
when there exists an orderly market in those securities is insufficient;
SEGC must satisfy the claim by paying to the claimant the amount that, when
the claimant became entitled to make the claim, was the amount of the actual
pecuniary loss suffered by the claimant in respect of the purchase.
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