Document ID: chunk:federal_register_of_legislation:C2004A03415:body:0:p41
Version: federal_register_of_legislation:C2004A03415
Segment Type: other
Provision Reference: 
Character Range: 101889–104585

the property is, or includes, money—pay to the claimant an amount equal to the amount of that money; and
     (d) if the property is, or includes, property other than money—subject to subsection (3) and section 122s, supply the last-mentioned property to the claimant.
"(3) Where:
     (a) the Corporation allows a claim that, by reason of a dealer having become insolvent, this Division entitles a person to make in respect of property that is, or includes, a number of securities of a particular kind or documents of title to a number of securities of a particular kind; and
     (b) it is not reasonably practicable for the Corporation to obtain those securities, or those documents of title to securities, as the case may be, from the dealer or, if the dealer has disposed of them, from the dealer's successor in title, before the end of:
        (i) if the business rules of a participating exchange of which the dealer is a member, being those business rules as in force when the Board allows the claim, prescribe a period, for the purposes of this section, in relation to a class of claims that includes that claim—that period; or
        (ii) otherwise—such period as the Board, having regard to all the circumstances relating to the claim, considers reasonable;
the Corporation shall, subject to section 122s, supply to the person, instead of those securities, or those documents of title to securities, that number of securities of that kind, or documents of title to that number of securities of that kind, as the case may be.

Cash settlement of claims where property unobtainable
"122s. (1) Where:
     (a) the Corporation allows a claim that, by reason of a dealer having become insolvent, this Division entitles a person to make in respect of property that is, or includes, a number of securities of a particular kind or documents of title to a number of securities of a particular kind;
     (b) it is not reasonably practicable for the Corporation to obtain those securities, or those documents of title to securities, as the case may be, from the dealer or, if the dealer has disposed of them, from the dealer's successor in title, before the end of:
        (i) if the business rules of a participating exchange of which the dealer is a member, being those business rules as in force when the Board allows the claim, prescribe a period, for the purposes of this section, in relation to a class of claims that includes the claim—that period; or

        (ii) otherwise—such period as the Board, having regard to all the circumstances relating to the claim, considers reasonable; and
(c) because:
        (i) whether by reason that dealing in securities of that kind is suspended