Print Options

(1) A broker-dealer shall, in respect of a transaction of sale or purchase of securities, issue a contract note that complies with subsection (2)

(a) to the person for whom the broker-dealer entered into the transaction where the transaction took place in the ordinary course of business at a stock exchange and the broker-dealer entered into die transaction otherwise than as a principal;

(b) to the person for whom die broker-dealer entered into the transaction and the person with whom the broker-dealer entered into the transaction where die transaction does not take place in the ordinary course of business at a stock exchange and the broker-dealer entered into the transaction otherwise than as a principal;

(c) to the person with whom the broker-dealer entered into the transaction where the transaction did not take place in die ordinary course of business at a stock exchange and the broker-dealer entered into the transaction as a principal.

(2) A contract note given by a broker-dealer under subsection (1) shall include

(a) the name or style under which the broker-dealer carries on business as a broker-dealer and the address of the principal place at which the business is carried on;

(b) where the broker-dealer is dealing as a principal with a person who is not the holder of a licence of a broker-dealer, a statement that die broker-dealer is so acting;

(c) the name and address of the person to whom the broker-dealer gives the contract note;

(d) the day on which the transaction took place and if the transaction did not take place in the ordinary course of business at a stock exchange, a statement to that effect;

(e) the number, or amount and description, of the securities that are die subject of the contract;

(f) the price per unit of the securities;

(g) the amount of the consideration;

(h) the amounts of all stamp duties, or other duties, taxes and charges payable in connection with the contract; and

(i) if an amount is to be added or deducted from the settlement amount in respect of the right to a benefit purchased or sold together with the securities, the amount and the nature of the benefit.

(3) A broker-dealer shall not include in a contract note given under subsection (1), as the name of the person with or for whom the transaction was entered into, a name that the broker-dealer knows, or could reasonably be expected to know, is not the name by which that person is ordinarily known.

(4) A reference in this section to a broker-dealer dealing, or entering into transaction, as a principal includes a reference to a person

(a) dealing or entering into a transaction on behalf of a person associated with that broker-dealer;

(b) dealing in securities on behalf of a body corporate in which the broker-dealer has a controlling interest; or

(c) where the broker-dealer carries on business as a broker-dealer on behalf of a body corporate in which the interest of the broker-dealer and the interest of the directors together constitute a controlling interest.

(5) For the purposes of this section,

(a) a broker-dealer who is a member of a stock exchange shall not be taken to have entered into a transaction as a principal by reason only that the transaction was entered into with another broker-dealer who is a member of a stock exchange; and

(b) a transaction takes place in the ordinary course of business at a stock exchange if it takes place in prescribed circumstances or is a transaction that is a prescribed transaction for die purposes of this section.

(6) Despite section 212, a person is not associated with any other person for the purposes of this section by reason only of that person being a director of a body corporate of which that other person is also a director, whether or not the body corporate carries on a business of dealing in securities.