in respect of transactions (1) This section applies if:
- (a)
- under provisions
of the business rules of a settlement authority, the total number of
securities of a particular kind to be transferred on a particular day to a
dealer by a subsidiary of the settlement authority in respect of transactions
(as defined in the business rules) of a kind or kinds specified in the
business rules is set off against the total number of securities of that kind
to be transferred on that day by the dealer to the subsidiary in respect of
transactions (as so defined) of that kind or those kinds; and
- (b)
- depending on which of those totals is the greater, the provisions oblige:
- (i)
- the dealer to transfer to some other person or persons nominated under the
provisions; or
- (ii)
- some other dealer or dealers nominated under the provisions to transfer
to the dealer, or to some other person or persons nominated under the
provisions;
within a specified period, securities of that kind equal in number to the
difference between those totals; and
- (c)
- as at the end of that period, the obligation to transfer, or any of the
obligations to transfer, as the case requires, remains undischarged to the
extent of a particular number of securities of that kind (in this section
called the default securities ).
(2) If the settlement authority has not taken action as mentioned in
subsection (3), the person to which the default securities should have
been transferred may make a claim in respect of the failure to transfer the
default securities.
(3) If, for the purpose of remedying the failure to transfer the default
securities, the settlement authority has transferred securities of the same
kind and number as the default securities to the person to which the default
securities should have been transferred:
- (a)
- the settlement authority is
subrogated to all the rights and remedies of the person in relation to the
failure to transfer the default securities; and
- (b)
- the settlement authority may make a claim in respect of its actions to
remedy the failure; and
- (c)
- any claim made under subsection (2) in respect of the failure is
taken not to have been entitled to be made.
(4) Entitlement to make a claim is not affected by a dealer ceasing to be a
member organisation of a participating exchange after the obligation to
transfer arose.
(5) For the purposes of this section, a total number of marketable securities
of a particular kind may be zero.
(6) In this section:
"person" includes a partnership.