122NCash settlement of claim where settlement documents unobtainable

##### 122N Cash settlement of claim where settlement documents unobtainable Where: (a) the Corporation: (i) allows under subsection 122K(2) a claim in respect of a purchase of securities by the claimant from a dealer; or (ii) allows under subsection 122M(2) a claim in respect of a purchase of securities by a dealer on behalf of the claimant; (b) it is not reasonably practicable for the Corporation to obtain from the dealer, before the end of: (i) if the business rules of a participating exchange of which the dealer is a member organisation, 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 claim—that period; or (ii) otherwise—such period as the Board, having regard to all the circumstances relating to the claim, considers reasonable; settlement documents in relation to the purchase; and (c) because: (i) whether by reason that dealing in those securities is suspended or for any other reason, there exists at no time during that period an orderly market in those securities; or (ii) the total number of those securities offered for sale on stock markets of participating exchanges or Exchange subsidiaries at times during that period when there exists an orderly market in those securities is insufficient; it is not reasonably practicable for the Corporation to obtain before the end of that period, otherwise than from the dealer, settlement documents in relation to the purchase; the Board may determine to pay to the claimant the amount that, as at the time when the claimant became entitled to make the claim, was the amount of the actual pecuniary loss suffered by the claimant in respect of the purchase, and if the Board does so, the Corporation shall pay that amount to the claimant.