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In forceAmended2020 Revised Edition

Part 3 · Conduct of Business

37. Receipt of client’s money or property

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Amended

Last amended by an amending law of 2009.

(1)

Without limiting section 135(1), the Authority may, by regulations —

(a)

determine the manner in which a licensed financial adviser may receive or deal with client’s money or property; or

(b)

prohibit licensed financial advisers from receiving or dealing with client’s money or property in specified circumstances or in relation to specified activities.

(2)

A lien or claim on client’s money or property in any account, which may be required to be established by any licensed financial adviser under regulations made under subsection (1), is void unless the moneys in the account are for fees due and owing to the licensed financial adviser.

(3)

A charge or mortgage on client’s money or property in any account, which may be required to be established by any licensed financial adviser under regulations made under subsection (1), is void.

(4)

In this section, “client’s money or property” means money received or retained by, or property deposited with, a licensed financial adviser in the course of the licensed financial adviser’s business as such for which the licensed financial adviser is liable to account to another person.[28

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Part 4

Accounts and Audit

Part 4A

Prohibited Businesses

Part 5

Powers of Authority

Part 6

Supervision and Investigation

Part 7

Assistance to Foreign Regulatory Authorities

Part 8

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Part 9

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Part 10

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