Section 258

All application and other moneys paid prior to allotment by any applicant on account of securities or securities‑based derivatives contracts offered to the applicant must, until the allotment of the securities or securities‑based derivatives contracts, be held by the person making the offer of the securities or securities‑based derivatives contracts upon trust for the applicant in a separate bank account, being a bank account that is established and kept by the person solely for the purpose of depositing the application and other moneys that are paid by applicants for those securities or securities‑based derivatives contracts.

There is no obligation or duty on any bank with which any such moneys have been deposited to enquire into or see to the proper application of those moneys, so long as the bank acts in good faith.

Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction.