Common use of Claims for Compensation Clause in Contracts

Claims for Compensation. 6.1 Except for the operation of clauses 2.2.5 and 6.3 no external compensation arrangements apply to the Participant Sponsored Holder. 6.2 If the Participant breaches a provision of this Agreement and the Participant Sponsored Holder makes a claim for compensation pursuant to that breach, the ability of the Participant to satisfy that claim will depend on the financial circumstances of the Participant. 6.3 If a breach by a Participant of a provision of this Agreement falls within the circumstances specified in the compensation arrangements applicable to the Approved Market Operator or the Clearing Participant of ASX Clear under the Corporations Act and Corporations Regulations, a Participant Sponsored Holder may make a claim under the relevant compensation arrangements. 6.4 Chi-X and ASX operate different compensation funds that provide protection for retail investors in the circumstances defined in the Corporations Act and Regulations. The Chi-X compensation fund covers losses resulting from defalcation or fraudulent misuse of your money, property or authority by a Chi-X participant, subject to certain exceptions. In circumstances where your stockbroker is also an ASX participant, the following applies in relation to such a loss. If you do not expressly or impliedly instruct your stockbroker, who is a Chi-X participant, to execute your trading instructions on the Chi-X market, and it is not reasonably apparent from the usual business practice of your stock broker which of the ASX or Chi-X market the participant would use when acting for you, the Chi-X fund will not apply. In this case, the National Guarantee Fund (NGF) may apply, provided the loss is connected to the ASX market and is covered by the NGF claims provisions. The NGF claims provisions are set out in Division 4 of Part 7.5 of the Corporations Act and Regulations (for further information see the legislation and the NGF Information Booklet available at xxx.xxxx.xxx.xx).

Appears in 4 contracts

Samples: Account Terms and Conditions, Account Terms and Conditions, Account Terms and Conditions

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Claims for Compensation. 6.1 Except for the operation of clauses 2.2.5 and 6.3 no external compensation arrangements apply to the Participant Sponsored Holder. 6.2 If the Participant breaches a provision of this Agreement and the Participant Sponsored Holder makes a claim for compensation pursuant to that breach, the ability of the Participant to satisfy that claim will depend on the financial circumstances of the Participant. 6.3 If a breach by a Participant of a provision of this Agreement falls within the circumstances specified in the compensation arrangements applicable to the Approved Market Operator or the Clearing Participant of ASX Clear under the Corporations Act and Corporations Regulations, a Participant Sponsored Holder may make a claim under the relevant compensation arrangements. 6.4 Chi-X Cboe and ASX operate different compensation funds that provide protection for retail investors in the circumstances defined in the Corporations Act and Regulations. The Chi-X Cboe compensation fund covers losses resulting from defalcation or fraudulent misuse of your money, property or authority by a Chi-X Cboe participant, subject to certain exceptions. In circumstances where your stockbroker is also an ASX participant, the following applies in relation to such a loss. If you do not expressly or impliedly instruct your stockbroker, who is a Chi-X Cboe participant, to execute your trading instructions on the Chi-X Cboe market, and it is not reasonably apparent from the usual business practice of your stock broker which of the ASX or Chi-X Cboe market the participant would use when acting for you, the Chi-X Cboe fund will not apply. In this case, the National Guarantee Fund (NGF) may apply, provided the loss is connected to the ASX market and is covered by the NGF claims provisions. The NGF claims provisions are set out in Division 4 of Part Part 7.5 of the Corporations Act and Regulations (for further information see the legislation and the NGF Information Booklet available at xxx.xxxx.xxx.xxxxxx.xxx.xx).

Appears in 1 contract

Samples: Account Terms and Conditions

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Claims for Compensation. 6.1 Except for the operation of clauses 2.2.5 and 6.3 no external compensation arrangements apply to the Participant Sponsored Holder. 6.2 If the Participant breaches a provision of this Agreement and the Participant Sponsored Holder makes a claim for compensation pursuant to that breach, the ability of the Participant to satisfy that claim will depend on the financial circumstances of the Participant. 6.3 If a breach by a Participant of a provision of this Agreement falls within the circumstances specified in the compensation arrangements applicable to the Approved Market Operator or the Clearing Participant of ASX Clear under the Corporations Act and Corporations Regulations, a Participant Sponsored Holder may make a claim under the relevant compensation arrangements. 6.4 Chi-X Cboe and ASX operate different compensation funds that provide protection for retail investors in the circumstances defined in the Corporations Act and Regulations. The Chi-X compensation fund covers losses resulting from defalcation or fraudulent misuse of your money, property or authority by a Chi-X participant, subject to certain exceptions. In circumstances where your stockbroker is also an ASX participant, the following applies in relation to such a loss. If you do not expressly or impliedly instruct your stockbroker, who is a Chi-X Cboe participant, to execute your trading instructions on the Chi-X Cboe market, and it is not reasonably apparent from the usual business practice of your stock broker which of the ASX or Chi-X Cboe market the participant would use when acting for you, the Chi-X Cboe fund will not apply. In this case, the National Guarantee Fund (NGF) NGF may apply, provided the loss is connected to the ASX market and is covered by the NGF claims provisions. The NGF claims provisions are set out in Division 4 of Part Part 7.5 of the Corporations Act and Regulations (for further information see the legislation and the NGF Information Booklet available at xxx.xxxx.xxx.xxxxxx.xxx.xx).

Appears in 1 contract

Samples: Chess Sponsorship Agreement

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