Borrower to give Transfer of Distribution Statement to Lender for franked dividends. If: a. an Income Payment Date occurs during an Income Determination Period in relation to a particular loan of Securities; b. had the Lender been the holder of those Securities on the relevant Income Payment Date, it would have received a Franked Distribution in respect of those Securities; c. the Lender is an Australian Taxpayer; d. the failure of the Lender to receive a Franked Distribution is not due to any unreasonable act or omission by or on behalf of the Lender; and e. the relevant Confirmation does not state that the Lender is not entitled to compensation for the loss of franking credits/rebates; then the Borrower must either: (i) if section 216-10 of the 1997 Tax Act applies, as soon as practicable, and in any event within 10 Business Days, after the relevant Income Payment Date, give to the Lender a Transfer of Distribution Statement in respect of those Securities (which the Borrower is to be taken as having warranted is correct in all material respects and is effective for the purposes of section 216-30 of the 1997 Act); or (ii) otherwise, on the 10th Business Day after the relevant Income Payment Date pay to the Lender an amount equal to the Franking Credit allocated (or, under section 202-65 of the 1997 Tax Act, taken to have been allocated) to the Franked Distribution and specified in the Distribution Statement for that Franked Distribution.
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Samples: Retail Client Account Terms and Conditions, Retail Client Account Terms and Conditions, Retail Client Account Terms and Conditions
Borrower to give Transfer of Distribution Statement to Lender for franked dividends. If:
a. (a) an Income Payment Date occurs during an Income Determination Period in relation to a particular loan of Securities;
b. (b) had the Lender been the holder of those Securities on the relevant Income Payment Date, it would have received a Franked Distribution in respect of those Securities;
c. (c) the Lender is an Australian Taxpayer;
d. (d) the failure of the Lender to receive a Franked Distribution is not due to any unreasonable act or omission by or on behalf of the Lender; and
e. (e) the relevant Confirmation does not state that the Lender is not entitled to compensation for the loss of franking credits/rebates; then the Borrower must either:
(i) if section 216-10 of the 1997 Tax Act applies, as soon as practicable, and in any event within 10 Business Days, after the relevant Income Payment Date, give to the Lender a Transfer of Distribution Statement in respect of those Securities (which the Borrower is to be taken as having warranted is correct in all material respects and is effective for the purposes of section 216-30 of the 1997 Act); or
(ii) otherwise, on the 10th Business Day after the relevant Income Payment Date pay to the Lender an amount equal to the Franking Credit allocated (or, under section 202-65 of the 1997 Tax Act, taken to have been allocated) to the Franked Distribution and specified in the Distribution Statement for that Franked Distribution.
Appears in 1 contract
Borrower to give Transfer of Distribution Statement to Lender for franked dividends. If:
a. (a) an Income Payment Date occurs during an Income Determination Period in relation to a particular loan of Securities;
b. (b) had the Lender been the holder of those Securities on the relevant Income Payment Date, it would itwould have received a Franked Distribution in respect of those Securities;
c. (c) the Lender is an Australian Taxpayer;
d. (d) the failure of the Lender to receive a Franked Distribution is not due to any unreasonable act or omission by or on behalf of the Lender; and
e. (e) the relevant Confirmation does not state that the Lender is not entitled to compensation for the loss of franking credits/rebates; then the Borrower must either:
(i) if section 216-10 of the 1997 Tax Act applies, as soon as practicable, and in any event within 10 Business Days, after the relevant Income Payment Date, give to the Lender a Transfer of Distribution Statement in respect of those Securities (which the Borrower is to be taken as having warranted is correct in all material respects and is effective for the purposes of section 216-30 of the 1997 Act); or
(ii) otherwise, on the 10th Business Day after the relevant Income Payment Date pay to the Lender an amount equal to the Franking Credit allocated (or, under section 202-65 of the 1997 Tax Act, taken to have been allocated) to the tothe Franked Distribution and specified in the Distribution Statement for that Franked Distribution.
Appears in 1 contract
Samples: Retail Client Account Terms