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Companies Act 1989

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This is the original version (as it was originally enacted).

10(1)The reference in paragraph 9 to the rights and liabilities of a defaulter under or in respect of an unsettled market contract includes (without prejudice to the generality of that provision) rights and liabilities arising in consequence of action taken under provisions of the rules authorising—

(a)the effecting by the clearing house of corresponding contracts in relation to unsettled market contracts to which the defaulter is a party;

(b)the transfer of the defaulter’s position under an unsettled market contract to another member of the clearing house;

(c)the exercise by the clearing house of any option granted by an unsettled market contract.

(2)A “corresponding contract” means a contract on the same terms (except as to price or premium) as the market contract, but under which the person who is the buyer under the market contract agrees to sell and the person who is the seller under the market contract agrees to buy.

This sub-paragraph applies with any necessary modifications in relation to a market contract which is not an agreement to sell.

(3)The reference in paragraph 9 to the rights and liabilities of a defaulter under or in respect of an unsettled market contract does not include, where he acts as agent, rights or liabilities of his arising out of the relationship of principal and agent.

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