CTHRepealedAct
Securities Industry Act 1980
122KClaim by buying dealer in respect of default by selling dealer
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##### 122K Claim by buying dealer in respect of default by selling dealer
(1) Where, as at the end of the completion period in relation to a reportable transaction that is a purchase by a dealer from another dealer:
(a) the first‑mentioned dealer has supplied, or is ready, willing and able to supply, to the other dealer, pursuant to the agreement for the purchase, the consideration for the purchase; and
(b) the other dealer has not supplied to the first‑mentioned dealer, pursuant to that agreement, settlement documents in relation to the purchase;
the first‑mentioned dealer may make a claim in respect of the purchase.
(2) Where a dealer makes a claim in respect of a purchase of securities by the claimant from another dealer and, at a particular time, the Board is satisfied that, as at that time:
(a) subsection (1) entitles the claimant to make the claim;
(b) the claimant has:
(i) for the purposes of the claim, paid to the Corporation; or
(ii) pursuant to the agreement for the purchase, paid to the other dealer;
the amount of the consideration for the purchase;
(c) settlement documents in relation to the purchase have not been supplied to the claimant pursuant to the agreement for the purchase; and
(d) the agreement has not been discharged or otherwise terminated;
the Corporation shall allow the claim and, subject to section 122N, supply to the claimant settlement documents in relation to the purchase.