Document ID: chunk:federal_register_of_legislation:C2010C00604:clause:30_1:p2
Version: federal_register_of_legislation:C2010C00604
Segment Type: clause
Provision Reference: sch 30 cl 1 (pt 2/3)
Character Range: 457267–460128

a *membership interest in the entity; and
 (b) at the time the distribution was made, the member was under an obligation to pay the distribution to another person under a *securities lending arrangement; and
 (c) the obligation was incurred in the member's capacity as the borrower under the securities lending arrangement; and
 (d) the *distribution closing time occurred during the borrowing period.

 (2) The *distribution is taken to have been made to the other person as a *member of the entity (and not to the member).

Note: As the other person is the entity receiving the distribution, there may be tax effects for the other person under Division 207 or 208.

 (3) The distribution referred to in paragraph (1)(a) includes a distribution that is taken to be made as a result of one or more previous applications of this section or section 216‑5.

216‑15  Distribution closing time

  If *distributions by a *corporate tax entity are made to those *members who were members as at a particular time at or before the distribution is made, that time is the distribution closing time in relation to those distributions.

Subdivision 216‑B—Statements to be made where there is a cum dividend sale or securities lending arrangement

Table of sections

216‑20 Cum dividend sale—statement by securities dealer
216‑25 Cum dividend sale—statement by party
216‑30 Securities lending arrangements—statement by borrower

216‑20  Cum dividend sale—statement by securities dealer

  If:
 (a) section 216‑5 applies in relation to a *franked distribution or a *distribution franked with an exempting credit (cum dividend sales); and
 (b) a *securities dealer has acted for a particular party to the contract concerned;
the securities dealer must, as soon as practicable after the making of the distribution, give to the other party to the contract a statement in the *approved form setting out such information in relation to the distribution as is required by the approved form.

216‑25  Cum dividend sale—statement by party

  If:
 (a) section 216‑5 applies in relation to a *franked distribution or a *distribution franked with an exempting credit (cum dividend sales); and
 (b) a particular party to the contract concerned has not had a *securities dealer acting for him or her;
that party must, as soon as practicable after the making of the distribution, give to the other party to the contract a statement in the *approved form setting out such information in relation to the distribution as is required by the approved form.

216‑30  Securities lending arrangements—statement by borrower

  If section 216‑10 (*securities lending arrangements) applies in relation to a *franked distribution, or a *distribution franked with an exempting credit, the borrower must, as soon as practicable after the making of the distribution, give to the lender a statement in