Singapore legislation
Section 49P
Section 49P
Provision where fund insufficient to meet claims or where claims exceed total amount payable
(1)
Where the amount at credit in a fidelity fund is insufficient to pay the whole amount of all claims against it which have been allowed or in respect of which orders of the High Court have been made, then the amount at credit in the fund shall, subject to subsection (2), be apportioned between the claimants in such manner as the Futures Exchange thinks equitable, and any such claim so far as it then remains unpaid shall be charged against future receipts of the fund and paid out of the fund when moneys are available therein.
(2)
Where the aggregate of all claims which have been allowed or in respect of which orders of the High Court have been made in relation to defalcations by or in connection with a member of a Futures Exchange exceeds the total amount which may, pursuant to section 49I(2), be paid under this Part in respect of that member, then such total amount shall be apportioned between the claimants in such manner as the Exchange thinks equitable.
(3)
Upon payment out of the fund of such total amount in accordance with the apportionment of all such claims under subsection (2), any orders relating thereto and all other claims against the fund which may thereafter arise or be made in respect of defalcations by or in connection with that member shall be absolutely discharged.