Corporations Regulations 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

PART 7.5 - COMPENSATION REGIMES FOR FINANCIAL MARKETS  

Division 4 - NGF Compensation regime  

Subdivision 4.9 - Claims in respect of insolvent participants  

REGULATION 7.5.70   MAKING OF CLAIMS  

7.5.70(1)    


The SEGC may publish, in accordance with subregulation (1A) , a notice, using Form 720, specifying a day, not being earlier than 3 months after the publication of the notice, on or before which claims against the SEGC may be made, being claims that, because of a dealer specified in the notice having become insolvent, this Subdivision entitles persons to make.

7.5.70(1A)    


The notice is published in accordance with this subregulation if it is published in a manner that results in the notice being accessible to the public and reasonably prominent.

7.5.70(2)    
If this Subdivision entitles a person to make a claim, the claim must be in writing and must be served on the SEGC:

(a)    if there has been published in accordance with subregulation (1) a notice specifying a day on or before which claims may be made, being claims that, because of the dealer having become insolvent on that day, this Subdivision entitles persons to make - on or before that day; or

(b)    in any other case - within 6 months after the person becomes aware of the dealer having become insolvent on that day.

7.5.70(3)    
A claim that is not made in accordance with subregulation (2) is barred unless the SEGC otherwise determines.

7.5.70(4)    
The SEGC, a member of the Board and any employee of, or person acting on behalf of, the SEGC each has qualified privilege in respect of the publication of a notice under subregulation (1) .



 

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