Who Can Claim

For information on who can claim, download the National Guarantee Fund Information Booklet (231KB).

The National Guarantee Fund Information Booklet is in Adobe's Portable Document Format (pdf) and requires the free Adobe Acrobat Reader to view and print.

 

Securities Exchanges Guarantee Corporation Limited (SEGC) is the trustee of the Fund and administers the Fund. Payments from the Fund may only be made in the circumstances specified in the Corporations Regulations. The Corporations Regulations govern the types of claims which can made and set out the criteria which must be met before SEGC can allow a claim.

 

Subdivision 4.3 claims

In general terms, subdivision 4.3 of Part 7.5 of the Corporations Regulations provides for the completion of sales and purchases (and cash compensation for purchases in certain circumstances) of securities transactions on ASX's equities and debt markets. Claims should be served on SEGC within 6 months after the day on which the claimant became entitled to make the claim (or within the timeframe set out in any notice published by SEGC in accordance with the Corporations Regulations). Claims lodged after that 6 month period will be barred unless the Board of SEGC otherwise determines.

 

Subdivision 4.7 claims

In general terms, subdivision 4.7 of Part 7.5 of the Corporations Regulations provides compensation for a loss that results from an unauthorised transfer of securities. Claims should be served on SEGC within 6 months after the day on which the claimant first became aware that the claimant had suffered a loss as a result of the unauthorised execution (or within the timeframe set out in any notice published by SEGC in accordance with the Corporations Regulations). Claims lodged after that period will be barred unless the Board of SEGC otherwise determines.

 

Subdivision 4.9 claims

In general terms, subdivision 4.9 of Part 7.5 the Corporations Regulations provides for compensation for loss that results if a Market Participant of ASX (as that term is defined in the ASX operating rules) becomes insolvent and fails to meet its obligations to a person who had previously entrusted property to it. 

Claims should be served on SEGC within 6 months after the claimant becomes aware of the dealer having become insolvent (or within the timeframe in any notice published by SEGC in accordance with the Corporations Regulations). Claims lodged after that period will be barred unless the Board of SEGC otherwise determines.

 

Obtaining legal advice in relation to claims

Subject to the statutory cap, which applies to all payments from the Fund in relation to subdivision 4.9 claims (including any costs or interest payable on those claims), SEGC will pay the reasonable costs of lawyers if a claim is made and SEGC either:

  1. allows the claim; or
  2. disallows the claim because the Market Participant compensated the claimant before the claim was determined (and the claim would otherwise have been allowed if the Market Participant had not compensated the claimant).

However, claimants will otherwise be liable for those legal costs.

 

Where are the claim forms?

It is important that you submit the claim form/s you think apply to your circumstances. You can make a claim under one or more of the categories covered by the NGF compensation regime. SEGC will consider your claim/s on the basis of the category specified in your claim form/s.

Claim forms can be downloaded here:

Please return to SEGC your completed claim form/s, Full Co-operation Deed Poll and any other additional documents you would like SEGC to consider.

 

Who can you contact for further information?

For further information, please contact SEGC by email at: segc@segc.com.au or by phone: (02) 8216 0231.