Commonwealth Numbered Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
CORPORATIONS ACT 2001 No. 50, 2001 - SECT 953
Cash settlement of claimstransfers other than SCH-regulated
transfers Where:
- (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
- (aa)
- a transfer of the securities pursuant to the purchase would not be an
SCH-regulated transfer; and
- (b)
- it is not reasonably practicable for SEGC to obtain from the dealer,
before the end of:
- (i)
- if the business rules of a participating exchange of which the dealer is a
member organisation, being those 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 relating to the claim, considers reasonable;
settlement documents in relation to the purchase; and
- (c)
- because:
- (i)
- whether by reason 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; and
it is not reasonably practicable for SEGC to obtain before the end of that
period, otherwise than from the dealer, settlement documents in relation to
the purchase;
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.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback