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Chapter: | 571N
 | Title: | SECURITIES AND FUTURES (FINANCIAL RESOURCES) RULES | Gazette Number: | L.N. 209 of 2002; L.N. 12 of 2003 |
| Section: | 11 | Heading: | No set-off | Version Date: | 01/04/2003 |
(1) Subject to subsections (2), (3), (4), (5) and (6) and section 48(2), the assets and liabilities of a licensed corporation shall be treated separately on a gross basis and shall not be set-off against each other.
(2) Subsection (1) does not apply in respect of any amounts receivable by a licensed corporation from, and any amounts payable by it to, a recognized clearing house, where the rules of the clearing house permit the setting-off of such amounts against each other for settlement purposes.
(3) Subsection (1) does not apply in respect of any amounts receivable by a licensed corporation from, and any amounts payable by it to, a person, where-
(a) such amounts do not arise from the carrying on of any regulated activity for which it is licensed; and
(b) it has a legally enforceable right to set-off such amounts against each other.
(4) Subsection (1) does not apply in respect of any amounts receivable by a licensed corporation from, and any amounts payable by it to, a client of the licensed corporation, where such amounts arise from-
(a) the purchase and sale by the client of securities of the same description due to be settled on a cash-against-delivery basis and the client has authorized the licensed corporation to set-off such amounts;
(b) the purchase and sale by the client of securities in relation to which the licensed corporation has elected to set-off such amounts against each other under section 21(2); or
(c) the provision by it to the client of securities margin financing.
(5) Subsection (1) does not apply in respect of any amounts receivable by a licensed corporation licensed for Type 8 regulated activity from, and any amounts payable by it to, each securities dealer with which it has common clients, where such amounts arise from dealings in securities by the securities dealer for those clients.
(6) Subsection (1) does not apply in respect of any amounts receivable by a licensed corporation licensed for Type 1 regulated activity from, and any amounts payable by it to, each licensed corporation licensed for Type 8 regulated activity with which it has common clients, where such amounts arise from dealings in securities by it for those clients.