Conversion and write‑off provisions
36B Conversion and write‑off provisions
Application
This section applies in relation to an instrument that contains terms that are for the purposes of the conversion and write‑off provisions and that is issued by, or to which any of the following is a party:
a general insurer;
a holding company of a general insurer;
a subsidiary or related subsidiary of a general insurer;
an entity of a kind prescribed by the regulations for the purposes of this paragraph.
Conversion of instrument despite other laws etc.
The instrument may be converted in accordance with the terms of the instrument despite:
any Australian law or any law of a foreign country or a part of a foreign country, other than a specified law; and
the constitution of any of the following entities (the relevant entity):
the entity issuing the instrument;
any entity that is a party to the instrument;
any conversion entity for the instrument; and
any contract or arrangement to which a relevant entity is a party; and
any listing rules or operating rules of a financial market in whose official list a relevant entity is included; and
any operating rules of a clearing and settlement facility through which the instrument is traded.
Write‑off of instrument despite other laws etc.
The instrument may be written off in accordance with the terms of the instrument despite:
any Australian law or any law of a foreign country or a part of a foreign country; and
the constitution of either of the following entities (the relevant entity):
the entity issuing the instrument;
any entity that is a party to the instrument; and
any contract or arrangement to which a relevant entity is a party; and
any listing rules or operating rules of a financial market in whose official list a relevant entity is included; and
any operating rules of a clearing and settlement facility through which the instrument is traded.
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