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 15 - Disclosure in relation to short sales covered by securities lending arrangement of listed section 1020B products  

REGULATION 7.9.99   INTERPRETATION  

7.9.99(1)   [ " reporting day " ]  

In this Division:

reporting day ,
in relation to a short position, means a day on which the Sydney office of ASIC is open for business.

7.9.99(2)   Meaning of short position.  

In this Division, a short position is a position in relation to a section 1020B product in a listed entity where the quantity of the product which a person has is less than the quantity of the product which the person has an obligation to deliver.

7.9.99(3)   [ When the person has the product]  

In subregulation (2), the person has the product if:


(a) the person is holding the product on the person ' s own behalf; or


(b) another person is holding the product on the person ' s behalf; or


(c) the person has entered into an agreement to buy the product but has not received it; or


(d) the person has vested title in the product in a borrower, or in an entity nominated by the borrower, under a securities lending arrangement.

7.9.99(4)   [ The product the person has an obligation to deliver]  

In subregulation (2), the product which the person has an obligation to deliver is the product which the person:


(a) has an obligation to deliver under a sale agreement where the product has not been delivered; or


(b) has an obligation to vest title in a lender under a securities lending arrangement; or


(c) has any other non-contingent legal obligation to deliver.

7.9.99(5)   References to time.  

A reference in this Division to a time is a reference to the legal time in Sydney, New South Wales.


 

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