4A. Prescribed deposit

For the purposes of section 4B(4)(b) of the Act, a sum of money paid by a person (“A”) to another person (“B”) or any other person as an agent of A is prescribed as a deposit made by A with B, if it is paid for the purpose of making funds of A available to B and under the following arrangement:

the payment is made to enable B or the agent to purchase an asset on behalf of A, being an asset that exists at the time of the purchase;

B purchases the asset from A at a price (the marked-up price) that is greater than the sum of money paid by A, and sells the asset; (c)A and B, respectively, do not derive any gain or suffer any loss from any movement in the market value of the asset other than the difference between the marked-up price and the sum of money paid by A (which represents the return to A for making funds available to B); and

no part of the marked-up price is required to be paid by B to A until after the date of sale of the asset by B.