Document ID: chunk:federal_register_of_legislation:C2004A03415:body:0:p53
Version: federal_register_of_legislation:C2004A03415
Segment Type: other
Provision Reference: 
Character Range: 131085–133792

as the case may be, arising under a contract of employment or under a contract for services.
"(4) Investments that at the end of the transfer day in relation to a transferring exchange were held, by a person other than the transferring exchange, for the purposes of the transferring exchange's fidelity fund are held after that day for the purposes of the Fund.
"(5) After the transfer day in relation to a transferring exchange, an agreement or arrangement (other than a contract of employment or a contract for services) that was entered into:
     (a) by or on behalf of the transferring exchange as a party; and
     (b) in connection with the administration of the transferring exchange's fidelity fund;
and was in force at the end of that day has effect, with such modifications as the circumstances require, as if:
     (c) the Corporation were substituted for the transferring exchange as a party to the agreement or arrangement; and
     (d) a reference in the provisions of the agreement or arrangement to the transferring exchange were, except in relation to a time on or before that day, a reference to the Corporation.
"(6) Without limiting the generality of another provision of this section, where, as at the end of the transfer day in relation to a transferring exchange, an amount advanced under subsection 109 (1) by the transferring exchange to its fidelity fund had not been repaid, an amount equal to the first-mentioned amount is, after that day, payable, on demand, by the Corporation to the transferring exchange.
"(7) Where, at the end of the transfer day in relation to a transferring exchange, proceedings:
     (a) to which the transferring exchange was a party; and
     (b) that arose out of, or were otherwise connected with, the administration of the transferring exchange's fidelity fund;
were pending in a court or tribunal, the Corporation is, at the beginning of the next day after the transfer day, substituted for the transferring exchange

as a party to the proceedings and has the same rights in the proceedings as the party for which it was substituted.
"(8) An amount that, as a result of the operation of this section, is or becomes payable by the Corporation is payable out of the Fund.
"(9) This section has effect subject to section 122zh.

Final accounts in respect of transferring exchange's fidelity fund
"122zg. (1) A transferring exchange shall, as soon as practicable, and in any event within 2 months, after the transfer day in relation to the transferring exchange:
     (a) cause to be prepared a statement of the assets and liabilities of its fidelity fund as on that day; and
     (b) appoint a registered company auditor to audit the statement.
"(2)