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Financial Markets Control Act, 1989 (Act No. 55 of 1989)

25. Unsolicited Calls

 

 

(1) When an agreement in respect of listed financial instruments is entered into in the course of or in consequence of an unsolicited call, the person in respect of whom the call was made may within five days, or any other prescribed period, after the date of entering into such agreement, terminate the agreement —
(a) by notice in writing delivered to the person who made the unsolicited call, or sent to him by prepaid registered mail; and
(b) by tendering the return of any goods delivered to him in terms of the agreement.

 

(2) The period of five days or any other prescribed period contemplated in subsection (1) shall be calculated with the exclusion of the day upon which the agreement referred to in subsection (1) was entered into and of any Saturday, Sunday or public holiday.

 

(3) When an agreement referred to in subsection (1) is terminated in accordance with subsection (1), the person who made the unsolicited call shall —
(a) within 10 days, or any other prescribed period, of the date upon which the notice of termination in question was so delivered or sent to him, return to the person in respect of whom the unsolicited call was made any money paid or other property transferred to him in terms of the said agreement; and
(b) receive from the person in respect of whom the unsolicited call was made any goods delivered by him in terms of the said agreement and the return of which was tendered under subsection (1) (b).