52
CAP. 333]
Securities
[1989 Ed.
(3) Subsection (1) does not apply to-
(a) any contract for the sale of securities of a corporation with a
person who already holds securities of that corporation;
(b) any contract for the sale of securities by a dealer with a person
with whom the dealer has transacted the sale or purchase of securities on at least 3 occasions during the period of 3 years immediately preceding the date of the contract; or
(c) any contract for the sale of securities with--
(i) a person whose business involves the acquisition or disposal or holding of securities;
(ii) a solicitor or professional accountant;
(iii) any other person who belongs to a class of persons prescribed in regulations for the purpose of this paragraph.
(4) Where any contract for the sale of securities is entered into in contravention of subsection (1), the purchaser may, subject to the rights of any bona fide purchaser of the securities for value, rescind the contract by giving notice in writing to the seller within 28 days after the date on which the contract was entered into.
(5) In this section "call" includes a visit in person and a communication by telephone.
74. Hawking of securities
(1) Subject to subsections (2) and (3), a person shall not, whether on his own behalf or otherwise and whether by appointment or otherwise, call from place to place
(a) making or offering to make with any person-
(i) an agreement for or with a view to having that other person
purchase specific securities; or
(ii) an agreement the purpose or pretended purpose of which is to secure a profit to that other person from the yield of specific securities or by reference to fluctuations in the value of specific securities; or
(b) inducing or attempting to induce any other person to enter into an agreement of the type referred to in paragraph (a)(i) or (ii), whether or not in calling from place to place he does any other act or thing.
(2) Subsection (1) does not apply to-
(a) a person in so far as
(i) he calls at the place of another person who is a banker, solicitor, professional accountant, registered or exempt dealer, registered or exempt investment adviser or registered dealer's representative or registered investment representative; and
52
CAP. 333]
Securities
[1989 Ed.
(3) Subsection (1) does not apply to-
(a) any contract for the sale of securities of a corporation with a
person who already holds securities of that corporation;
(b) any contract for the sale of securities by a dealer with a person
with whom the dealer has transacted the sale or purchase of securities on at least 3 occasions during the period of 3 years immediately preceding the date of the contract; or
(c) any contract for the sale of securities with--
a person whose business involves the acquisition or disposal or holding of securities;
(ii) a solicitor or professional accountant;
(iii) any other person who belongs to a class of persons pre- scribed in regulations for the purpose of this paragraph.
(4) Where any contract for the sale of securities is entered into in contravention of subsection (1), the purchaser may, subject to the rights of any bona fide purchaser of the securities for value, rescind the contract by giving notice in writing to the seller within 28 days after the date on which the contract was entered into.
(5) In this section "call" includes a visit in person and a communication by telephone.
74. Hawking of securities
(1) Subject to subsections (2) and (3), a person shall not, whether on his own behalf or otherwise and whether by appointment or otherwise, call from place to place
(a) making or offering to make with any person-
(i) an agreement for or with a view to having that other person
purchase specific securities; or
(ii) an agreement the purpose or pretended purpose of which is to secure a profit to that other person from the yield of specific securities or by reference to fluctuations in the value of specific securities; or
(b) inducing or attempting to induce any other person to enter into an agreement of the type referred to in paragraph (a)(i) or (ii), whether or not in calling from place to place he does any other act or thing.
(2) Subsection (1) does not apply to-
(a) a person in so far as
(i) he calls at the place of another person who is a banker, solicitor, professional accountant, registered or exempt dealer, registered or exempt investment adviser or registered dealer's representative or registered investment representa- tive; and
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