Commonwealth Numbered Acts

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CORPORATIONS ACT 2001 No. 50, 2001 - SECT 845

Dealings by employees of holders of licences

(1) A person who is a dealer or an investment adviser and an employee of that person must not, as principals, jointly buy or subscribe for, or agree to buy or subscribe for, securities. (2) A person who is a partner in a partnership that carries on a securities business or an investment advice business and an employee of the partnership must not, as principals, jointly buy or subscribe for, or agree to buy or subscribe for, securities. (3) A person who is a dealer or investment adviser, or who is a partner in a partnership that carries on a securities business or an investment advice business, must not give credit to an employee of the person or partnership, as the case may be, or to a person who the first-mentioned person knows is an associate of such an employee if:

(a)
the credit is given for the purpose of enabling or assisting the person to whom the credit is given to buy or subscribe for securities; or

(b)
the person giving the credit knows or has reason to believe that the credit will be used for the purpose of buying or subscribing for securities.

(4) A person who is an employee of a sole trader or member firm in connection with a business of dealing in securities carried on by the sole trader or member firm must not, as principal, buy or agree to buy securities or rights or interests in securities unless the sole trader or member firm acts as the agent of the person in respect of the transaction. (5) A reference in subsection (1) or (3) to an employee of a person who is a dealer or investment adviser includes, in the case of a body corporate that is a dealer or investment adviser, a reference to an officer of the body. (6) The reference in subsection (4) to an employee of a sole trader or member firm includes, in the case of a sole trader that is a body corporate or a member firm a partner in which is a body corporate, a reference to an officer of the body.



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