Corporations Regulations 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

PART 7.9 - FINANCIAL PRODUCT DISCLOSURE AND OTHER PROVISIONS RELATING TO ISSUE AND SALE OF FINANCIAL PRODUCTS  

Division 6 - Confirmation of transactions  

REGULATION 7.9.63A   PERSONS WHO MUST CONFIRM TRANSACTIONS  

7.9.63A(1)   [ Modification]  

For paragraph 1017F(9) (a) of the Act, this regulation modifies subsection 1017F(2) of the Act to change the person required to provide confirmation of a transaction.

7.9.63A(2)   [ Financial services licensee]  

A transaction:

(a) that is not the issue of a financial product (other than a derivative that is not a warrant); and

(b) in which a financial services licensee deals in the financial product on behalf of the holder of the financial product; and

(c) by which the holder acquires or disposes of all or part of the financial product;

must be confirmed by the financial services licensee.

7.9.63A(3)   [ Issuer of financial product]  

A transaction:

(a) to which subregulation (2) does not apply; and

(b) by which a financial product is issued to a holder;

must be confirmed by the issuer of the financial product.

7.9.63A(4)   [ Seller of financial product]  

A transaction:

(a) that is a sale pursuant to an offer to which section 1012C of the Act applies; and

(b) to which subregulation (2) does not apply; and

(c) by which a holder acquires a financial product;

must be confirmed by the seller of the financial product.

7.9.63A(5)   [ Issuer of financial product]  

A transaction:

(a) to which subregulation (2) does not apply; and

(b) by which the holder of the financial product disposes of all or part of the financial product to the issuer of the financial product;

must be confirmed by the issuer of the financial product.

7.9.63A(6)   [ Issuer of financial product]  

A transaction that:

(a) relates to a financial product held by a particular holder; and

(b) occurs while that holder holds the financial product; and

(c) is not the acquisition or a disposal of all or part of the financial product;

must be confirmed by the issuer of the financial product.