Cap. 6:07
!:--~SOLVENCY
No. 7/2018
value thereof at the date of the disposition or at the date on \vhich the disposition is
set aside, whichever is the higher, and the court may in any case where the court sets
aside a disposition order that interest must be paid at the rate, on the amount and for
the period ordered by the court.
PART VIII
EFFECT OF LIQUIDATION UPON CERTAIN CONTRACTS
34
Uncompleted acquisition of immovable property by debtor
( l) If before the date of liquidation of his or her estate a debtor had entered into
a contract for the acquisition of immovable property by him or her and such property
had not yet been transferred to him or her at the date of liquidation, the liquidator of
the insolvent estate may elect either to abide by the contract or to abandon it.
(2) The other party to the said contract may call upon the liquidator by written
request to exercise his or her choice and if the liquidator fails to exercise his or her
choice and to notify the other party thereof by standard notice within six weeks after
he or she has received the written request, the other party may apply to the court for
an order for the cancellation of the contract and for restoring the immovable property
which came in possession or under the control of the debtor or the liquidator by virtue
of the contract.
(3) The court may, in respect of an application referred to in subsection (2),
make any order it finds just.
(4) This section does not affect any right that the other party may have to
establish against the insolvent estate a concurrent claim for any loss suffered by him
or her as a result of the non-fulfilment of the contract.
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Securities Market Transactions
(I) In this section-
"rules" has the definition given to it in section (2) of the Securities and Exchange
Act [Chapter 24:25];
"transaction" means any securities market transaction to which the rules apply;
(2) If upon the date of liquidation of the estate of a market participant the
obligations of such market participant in respect of any securities market transaction
entered into prior to the date of liquidation have not been fulfilled, market infrastructure
(stock exchange, Central Securities Depository, wired transfer or electronic transfer)
in respect of any obligation owed to it, or any other market participant in respect of
obligations owed to such market participant, shall be completed in accordance with
the applicable market rules.
(3) The Market Infrastructure shall in accordance to the rules applicable to
any such transaction be entitled to terminate transactions or revoke settlement and the
liquidator of the insolvent estate of the market participant is bound by such termination
or renKation.
(4) No claim as a result of the termination of any transactions as contemplated
in subsection (1) may exceed the amount due upon termination or revocation in terms
of the rules in question.
(5) Any rules and the practices there under which provide for(a)
the netting of a market participant's position; or
(b)
set-off in respect of transactions concluded by the market participant; m
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