Securities Markets Order, 2013 · s 21

Suggest a correction

Tell us what is wrong in this text. We check every suggestion against the official version before we change anything.

What is wrong?Wrong or mistyped wordsWrong structure or numberingWrong title or detailsText that appears twice

What should change, and whyUp to 2,000 characters.The text as it should read (optional)

21.
(1)
This Order shall apply to all regulated activities within the meaning of this Order and shall apply to all persons conducting such regulated activities in or from Brunei Darussalam.
(2)
In the case where any international convention is signed or participated in by the Government of His Majesty the Sultan and Yang Di-Pertuan conflicts with the provisions of this Order, this Order shall prevail.
1253
(3)
An agreement made in contravention of this Order by a person in the course of carrying on a regulated activity, is unenforceable against the other party and any provision that purports to vary any obligation imposed by this Order shall be void.
(4)
Where an agreement is made in contravention of this Order, the other party to such agreement is entitled to recover -
fa}
any money paid or any property transferred by him under the agreement; and
(b)
compensation for any loss sustained by him as a result of having parted with any money or property.
(5)
In this section, "agreement" means an agreement-fa}
made after the commencement of this Order; and
(b)
the making or performance of which constitutes, or is part of, the regulated activity in question.
(6)
The amount of compensation recoverable under subsection (4)(b} is-fa}
the amount agreed by the parties; or
(b)
on the application of either party, the amount. determined by the
Court.
(7)
If the Court is satisfied that it is just and equitable in the circumstances of the case, it may allow-fa}
the agreement to be enforced; or
(b) any money paid or any property transferred under the agreement to be retained.

Edit the text above. Up to 20,000 characters.Where you checked it (optional)A link to the official version, if you have one.

The text as we hold it

Open the official text

s 21

(1)

This Order shall apply to all regulated activities within the meaning of this Order and shall apply to all persons conducting such regulated activities in or from Brunei Darussalam.

(2)

In the case where any international convention is signed or participated in by the Government of His Majesty the Sultan and Yang Di-Pertuan conflicts with the provisions of this Order, this Order shall prevail.

1253

(3)

An agreement made in contravention of this Order by a person in the course of carrying on a regulated activity, is unenforceable against the other party and any provision that purports to vary any obligation imposed by this Order shall be void.

(4)

Where an agreement is made in contravention of this Order, the other party to such agreement is entitled to recover -

fa}

any money paid or any property transferred by him under the agreement; and

(b)

compensation for any loss sustained by him as a result of having parted with any money or property.

(5)

In this section, "agreement" means an agreement-fa}

made after the commencement of this Order; and

(b)

the making or performance of which constitutes, or is part of, the regulated activity in question.

(6)

The amount of compensation recoverable under subsection (4)(b} is-fa}

the amount agreed by the parties; or

(b)

on the application of either party, the amount. determined by the

Court.

(7)

If the Court is satisfied that it is just and equitable in the circumstances of the case, it may allow-fa}

the agreement to be enforced; or

(b)

any money paid or any property transferred under the agreement to be retained.