Commonwealth Numbered Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
CORPORATE LAW REFORM ACT 1992 No. 210 of 1992 - SECT 137
Claim by selling client in respect of default by selling dealer
137. Section 951 of the Corporations Law is amended:
(a) by inserting before paragraph (1)(a) the following paragraph:
"(aa) if a transfer of the securities concerned pursuant to the sale would be
an SCH-regulated transfer - the person:
(i) in a case to which subparagraph (ii) does not apply - has done
all things necessary to enable the dealer to do all things that
the dealer is required to do under the SCH business rules to
effect a transfer of the securities pursuant to the sale; or
(ii) if the dealer has been suspended by the participating exchange
concerned, or the dealer's status as an SCH participant has
been suspended under the SCH business rules, and that
suspension has not been removed - has done, or is ready,
willing and able to do, all things necessary to enable the
dealer to do all things that the dealer is required to do under
the SCH business rules to effect a transfer of the securities
pursuant to the sale; and";
(b) by inserting in paragraph (1)(a) "if paragraph (aa) does not apply - "
before "the person";
(c) by inserting after paragraph (3)(a) the following word and paragraph:
"and (aa) if a transfer of the securities pursuant to the sale would be an
SCH-regulated transfer - the claimant:
(i) has done all things necessary to enable the dealer to do all
things that the dealer is required to do under the SCH business
rules to effect a transfer of the securities pursuant to the
sale; or
(ii) has, for the purposes of the claim, in accordance with the SCH
business rules, transferred to SEGC or to an Exchange body
securities of the same kind and number as the first-mentioned
securities; and";
(d) by inserting in paragraph (3)(b) "if paragraph (aa) does not apply - "
before "the claimant";
(e) by adding at the end the following subsection:
"(4) If a person transfers securities to an Exchange body as mentioned in
subparagraph (3)(aa)(ii), the Exchange body must account to SEGC for those
securities in accordance with the SCH business rules.".
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback