Corporations Act 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .

PART 7.3B - CRISIS RESOLUTION FOR CS FACILITY LICENSEES  

Division 4 - Compulsory transfer of business or shares  

Subdivision A - Compulsory transfer of business or shares of body corporate in relation to CS facility licensee in crisis  

SECTION 837D   AGREEMENT ABOUT HOW TRANSFER IS TO BE EFFECTED  

837D(1)    
If a determination is made under section 837A or 837B that there is to be a transfer, the target body or the receiving body, or both of those bodies, may provide the Reserve Bank with a written statement specifying, or specifying a mechanism for determining, things that are to happen, or that are taken to be the case, in relation to:

(a)    if the determination is made under section 837A - some or all of the shares that are to be transferred; or

(b)    if the determination is made under section 837B - some or all of the assets and liabilities that are to be transferred.

837D(2)    
The Reserve Bank may, in writing, approve the statement before issuing the certificate of transfer if the Reserve Bank is satisfied that:

(a)    the statement has been agreed to by the target body and the receiving body; and

(b)    the matters specified in the statement are appropriate.