BUILDING (RBI AND FIDELITY FUND SCHEMES) REGULATIONS 2012
39Contents of certificate
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39 Contents of certificate The scheme's trust deed must require a certificate issued under the scheme: (a) to be in the approved form as mentioned in section 54D(1) of the Act; and (b) to describe the particular residential building work, prescribed by regulation 5(1), to which the certificate applies (the guaranteed work); and (c) to describe the land or residential building in connection with which the guaranteed work is to be carried out; and (d) to specify the beneficiary under the certificate in accordance with regulation 9; and (e) to specify the relevant circumstances that entitle a beneficiary to make a claim under the certificate; and (f) to specify the matters relevant to making a claim provided for in the trust deed under regulation 40(1)(b) to (d); and (g) to specify the financial loss covered by the certificate provided for in the trust deed under regulation 45; and (h) to specify the amount a beneficiary may claim, which must not be lower than the minimum amount provided for in the trust deed under regulation 48; and (i) to specify that the following matters are in the discretion of the trustees in relation to a claim made under the certificate: (i) whether the claimant is a beneficiary under the certificate; (ii) if the claimant is a beneficiary – the amount of the payment to the beneficiary out of the assets of the scheme and the terms and conditions on which payment is to be made. Division 4 Claim under fidelity certificate