relevant person , in relation
to a securities exchange, means a member of the securities exchange:
- (a)
- who has made 20 or more
annual payments of the contribution referred to in subsection 902(2);
and
- (b)
- in respect of whom a
payment from the fund has not been made or, if such a payment has been made,
has been repaid to the fund.
- (2)
- Where the amount in a
fidelity fund of a securities exchange exceeds $2,000,000 or such lesser
amount as is prescribed, a relevant person is, subject to this section, exempt
from making further annual payments of the contribution referred to in
subsection 902(2).
- (3)
- Where the amount in a
fidelity fund of a securities exchange exceeds $2,000,000 or such lesser
amount as is prescribed, the following paragraphs apply in relation to
relevant persons who are natural persons:
- (a)
- on the
retirement from business of such a relevant person, the board may, in its
discretion, pay to that person an amount determined in accordance with
subsection (5);
- (b)
- on the death of such a
relevant person without any payment having been made to that person under
paragraph (a), the board may, in its discretion, pay an amount determined in
accordance with subsection (5) to his or her personal representative or to any
person who was wholly or partly dependent on the relevant person at the time
of his or her death.
- (4)
- Where the amount in a
fidelity fund of a securities exchange exceeds $2,000,000 or such lesser
amount as is prescribed, the board may, in its discretion, pay to a relevant
person, being a body corporate, that ceases to be a member of the securities
exchange an amount determined in accordance with subsection
(5).
- (5)
- The amount that may, under
subsection (3) or (4), be paid out of a fidelity fund to or in respect of a
relevant person is the total amount of the annual payments made by the
relevant person of the contribution referred to in subsection 902(2) or such
proportion of that amount as is for the time being determined by the board
either generally or in relation to the particular relevant person, either with
or without simple interest at a rate not exceeding 3% per
annum.
- (6)
- A determination of the
board under subsection (5) shall be in writing and may be in respect of any
person or any class of persons.
- (7)
- The securities exchange
may, by written notice published in the Gazette
:
- (a)
- suspend the
operation of paragraph (3)(a) or (b);
or
- (b)
- revoke any such
suspension;
but, where the operation of one of those paragraphs is for the time being
suspended, the securities exchange shall not suspend the operation of the
other paragraph.
- (8)
- Where the amount in a
fidelity fund is, because of payments made out of the fund, less than
$1,000,000 or such lesser amount as is prescribed and the securities exchange
determines that a person who because of subsection (2) is exempt from making
annual payments of the contribution referred to in subsection 902(2) should
again be required to make annual payments of that contribution, the person is
liable to make payments of that contribution accordingly.
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