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CORPORATIONS REGULATIONS 2001 - REG 7.9.63A Persons who must confirm transactions

CORPORATIONS REGULATIONS 2001 - REG 7.9.63A

Persons who must confirm transactions

  (1)   For paragraph   1017F(9)(a) of the Act, this regulation modifies subsection   1017F(2) of the Act to change the person required to provide confirmation of a transaction.

  (2)   A transaction:

  (a)   that is not the issue of a financial product (other than a derivative that is not a warrant); and

  (b)   in which a financial services licensee deals in the financial product on behalf of the holder of the financial product; and

  (c)   by which the holder acquires or disposes of all or part of the financial product;

must be confirmed by the financial services licensee.

  (3)   A transaction:

  (a)   to which subregulation   (2) does not apply; and

  (b)   by which a financial product is issued to a holder;

must be confirmed by the issuer of the financial product.

  (4)   A transaction:

  (a)   that is a sale pursuant to an offer to which section   1012C of the Act applies; and

  (b)   to which subregulation   (2) does not apply; and

  (c)   by which a holder acquires a financial product;

must be confirmed by the seller of the financial product.

  (5)   A transaction:

  (a)   to which subregulation   (2) does not apply; and

  (b)   by which the holder of the financial product disposes of all or part of the financial product to the issuer of the financial product;

must be confirmed by the issuer of the financial product.

  (6)   A transaction that:

  (a)   relates to a financial product held by a particular holder; and

  (b)   occurs while that holder holds the financial product; and

  (c)   is not the acquisition or a disposal of all or part of the financial product;

must be confirmed by the issuer of the financial product.

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