Corporations Act 2001
Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .
CCH Note: Division 2 is modified by the ASIC Corporations (Incidental Retail Cover) Instrument 2022/716.
CCH Note: Subdivision A is modified by the ASIC Corporations (Incidental Retail Cover) Instrument 2022/716.
CCH Note: Section 981D is modified by the ASIC Corporations (Incidental Retail Cover) Instrument 2022/716.
Despite anything in regulations made for the purposes of section 981C , if:
(a) the financial service referred to in subparagraph 981A(1) (a)(i) is or relates to a dealing in a derivative; or
(b) the financial product referred to in subparagraph 981A(1) (a)(ii) is a derivative;
the money concerned may also be used for the purpose of meeting obligations incurred by the licensee in connection with margining, guaranteeing, securing, transferring, adjusting or settling dealings in derivatives by the licensee (including dealings on behalf of people other than the client).
981D(2)
However, if the money is derivative retail client money, subsection (1) only applies to an obligation if:
(a) the entry into of the derivative referred to in paragraph (1)(a) or (b) was or will be cleared through an authorised clearing and settlement facility; and
(b) the licensee incurred the obligation, in connection with the derivative, under the operating rules of the facility.
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