THE CORPORATIONS LAW

CHAPTER 7 - SECURITIES

PART 7.10 - THE NATIONAL GUARANTEE FUND

Division 6A - Securities loans guarantees

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SECTION 954B   INTERPRETATION - GUARANTEED SECURITIES LOAN AND RELATED CONCEPTS  

954B(1)  [Guaranteed securities loan]  

For the purposes of this Part, an agreement is a guaranteed securities loan if:

(a)  under the agreement:

(i) a participating exchange is to transfer securities of a specified kind and number to, or as directed by, a person or partnership; and
(ii) in order to put the participating exchange in the same position (as nearly as practicable) as if the agreement had not been made, the person or partnership is later to transfer to, or as directed by, the participating exchange such securities and security benefits as the agreement requires; and

(b)  the person or partnership is a member organisation of the participating exchange on the day when the agreement is entered into; and

(c)  the agreement is entered into after the commencement of this section; and

(d)  the agreement is of a kind that, according to the business rules of the participating exchange, is to be guaranteed under this Division.

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954B(2)  [``lender'', ``borrower'', ``borrowed securities'']  

For the purposes of the application of this Part in relation to a guaranteed securities loan:

(a)  the participating exchange referred to in subparagraph (1)(a)(i) is the lender ; and

(b)  the person or partnership referred to in subparagraph (1)(a)(i) is the borrower ; and

(c)  the securities transferred as mentioned in subparagraph (1)(a)(i) are borrowed securities .

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954B(3)  [Agreement with additional obligations]  

The fact that an agreement includes obligations in addition to those mentioned in subsection (1) does not prevent the agreement from being a guaranteed securities loan.

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