122PMaking of claims

##### 122P Making of claims (1) Subsection 122J(1) or 122K(1) does not entitle a person to make a claim in respect of: (a) a sale of securities by the person to another person; or (b) a purchase of securities by the person from another person; as the case may be, unless, on the day on which the agreement for the sale or purchase was entered into: (c) the first‑mentioned person was a member organisation of a participating exchange and carried on in the Territory a business of dealing in securities; and (d) the other person was a member organisation of a participating exchange. (2) Subsection 122L(1) or 122M(1) does not entitle a person to make a claim in respect of: (a) a sale of securities by another person on behalf of the first‑mentioned person; or (b) a purchase of securities by another person on behalf of the first‑mentioned person; as the case may be, unless, on the day on which the agreement for the sale or purchase was entered into, the other person was a member organisation of a participating exchange and carried on in the Territory a business of dealing in securities. (3) Where: (a) a provision of a law of a participating State or participating Territory that corresponds with subsection 122J(1), 122K(1), 122L(1) or 122M(1) entitles a person to make a claim in respect of a transaction; and (b) the Corporation allows the claim; the Corporation shall not allow a claim that that subsection entitles a person to make in respect of the transaction. (4) In subsections (1), (2) and (3), person includes a partnership. (5) A claim shall be in writing and shall be served on the Corporation within 6 months after the day on which the claimant became entitled to make the claim. (6) A claim that is not made within the period prescribed by subsection (5) is barred unless the Board otherwise determines.