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CORPORATIONS ACT 2001 No. 50, 2001 - SECT 964
Cash settlement of claims where property unobtainable
(1) Where:
- (a)
- SEGC allows a claim that, because of a dealer having become
insolvent, this Division entitles a person to make in respect of property that
is, or includes, a number of securities of a particular kind or documents of
title to a number of securities of a particular kind; and
- (b)
- it is not reasonably practicable for SEGC to obtain those securities, or
those documents of title to securities, as the case may be, from the dealer
or, if the dealer has disposed of them, from the dealer's successor in title,
before the end of:
- (i)
- if the business rules of a participating exchange of which the dealer is a
member, being those business rules as in force when the Board allows the
claim, prescribe a period, for the purposes of this section, in relation to a
class of claims that includes the claimthat period; or
- (ii)
- otherwisesuch period as the Board, having regard to all the
circumstances relating to the claim, considers reasonable; and
- (c)
- because:
- (i)
- whether by reason that dealing in securities of that kind is suspended or
for any other reason, there exists at no time during that period an orderly
market in such securities; or
- (ii)
- the total number of securities of that kind offered for sale on stock
markets of participating exchanges or Exchange subsidiaries at times during
that period when there exists an orderly market in such securities is
insufficient; and
it is not reasonably practicable for SEGC to obtain that number of securities
of that kind, or documents of title to that number of securities of that kind,
as the case may be, before the end of that period;
the Board may decide to pay to the claimant the amount that, when the decision
is made, is the actual pecuniary loss suffered by the claimant in respect of
the first-mentioned securities, or the first-mentioned documents of title, as
the case may be, and if the Board does so, SEGC must pay that amount to the
claimant.
(2) Where:
- (a)
- the Board allows a claim that, because of a dealer having
become insolvent, this Division entitles a person to make in respect of
property that is, or includes, property (in this subsection called the
relevant property ) other than money, securities or documents of title to
securities; and
- (b)
- it is not reasonably practicable for SEGC to obtain the relevant property
from the dealer or, if the dealer has disposed of it, from the dealer's
successor in title, before the end of such period as the Board considers
reasonable;
the Board may decide to pay to the claimant the amount that, when the decision
is made, is the actual pecuniary loss suffered by the claimant in respect of
the relevant property, and if the Board does so, SEGC must pay that amount to
the claimant.
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