Section 15: Set-off
consolidated text (as at 2007). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
15. Set-off
(1) The CDS may terminate its agreement to clear or settle securities
transactions, or to act as a depository for securities, with an insolvent
participant or with a participant in respect of which insolvency or bankruptcy
proceedings are taken, whether such proceedings are voluntary or
involuntary.
(2) On terminating an agreement under subsection (1), the CDS may set
off obligations between the insolvent participant and the CDS in accordance
with the provisions of the agreement and, if on termination there is a net
termination sum owed to the CDS by the insolvent participant, the CDS shall
be deemed to be a creditor of the insolvent participant in respect of that net
termination sum.
(3) The CDS may, notwithstanding any other enactment, realise assets
of the insolvent or bankrupt participant pursuant to a pledge in favour of the
CDS or pursuant to the rules of the CDS or guarantees established by the
CDS in accordance with its rules.