Commonwealth Numbered Acts

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CORPORATIONS ACT 2001 No. 50, 2001 - SECT 872

Money lent to dealer

(1) This section applies where a person (in this section called the client ) lends money to a dealer in connection with a securities business carried on by the dealer. (2) The dealer must pay the money into an account that:

the dealer maintains with an Australian ADI; and

contains no money other than money lent to the dealer;

and must so pay the money on or before the next day after the dealer receives it on which it can be paid into that account.

(3) The dealer must give to the client a document (in this section called the disclosure document ), in the prescribed form, setting out:

the terms and conditions on which the loan is made and accepted; and

the purpose for which, and the manner in which, the dealer is to use the money.

(4) The dealer must keep the money in the account until the client gives the dealer a written acknowledgment that the client has received the disclosure document. (5) The dealer must not use the money except:

for the purpose, and in the manner, set out in the disclosure document; or

for any other purpose, or in any other manner, agreed on in writing by the dealer and the client after the dealer gives the disclosure document to the client.

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