Corporations Regulations 2001
CHAPTER 7
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FINANCIAL SERVICES AND MARKETS
PART 7.11
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TITLE AND TRANSFER
Division 3
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Transfer of Division 3 securities effected otherwise than through a prescribed CS facility
REGULATION 7.11.21
REGISTRATION OF CERTAIN INSTRUMENTS
7.11.21(1)
This regulation applies if a sufficient transfer under this Part is lodged with a company for the purpose of: (a) registering a transfer of Division 3 assets; or (b) obtaining the issue of Division 3 assets.
7.11.21(2)
If the sufficient transfer is a transfer under regulation 7.11.11 , the company and its officers are, in the absence of knowledge to the contrary, entitled to assume without inquiry that: (a) a stamp on the transfer document that purports to be the transferor ' s broker ' s stamp is the stamp of that broker; and (b) a stamp on the transfer document that purports to be the transferee ' s broker ' s stamp is the stamp of that broker; and (c) a stamp on the transfer document that purports to be the stamp of a market licensee is the stamp of that market licensee.
7.11.21(3)
If the sufficient transfer is a transfer under regulation 7.11.12 or 7.11.13 , the company and its officers are, in the absence of knowledge to the contrary, entitled to assume without inquiry that: (a) at the execution time, the licensed trustee company, a Public Trustee of a State or Territory, or a company listed in Schedule 9 named in the instrument held (whether alone or together with any other person or persons) in the ordinary course of its business, in trust for or on behalf of the transferee, the Division 3 assets or Division 3 rights to which the sufficient transfer relates; and (b) the transfer was not made by way of a sale, gift or exchange of the Division 3 assets or Division 3 rights.
View history note
Hide history note[ CCH Note: Pursuant to the Corporations Amendment Regulations 2001 (No 4) (SR 2001 No 319) effective 11 March 2002, Chapter 7 (Securities) comprising reg 7.1.01 - 7.15.01 and Chapter 8 (The futures industry) comprising reg 8.1.01 - 8.7.03 are replaced by a new Chapter 7 (Financial services and markets) comprising reg 7.1.01 - 7.12.01. As the subject matter of the new Chapter 7 relates to the new financial services reform regime, " inserted " has been used in the history notes for each provision, and all references to the former provisions have been removed.]
This regulation applies if a sufficient transfer under this Part is lodged with a company for the purpose of: (a) registering a transfer of Division 3 assets; or (b) obtaining the issue of Division 3 assets.
7.11.21(2)
If the sufficient transfer is a transfer under regulation 7.11.11 , the company and its officers are, in the absence of knowledge to the contrary, entitled to assume without inquiry that: (a) a stamp on the transfer document that purports to be the transferor ' s broker ' s stamp is the stamp of that broker; and (b) a stamp on the transfer document that purports to be the transferee ' s broker ' s stamp is the stamp of that broker; and (c) a stamp on the transfer document that purports to be the stamp of a market licensee is the stamp of that market licensee.
7.11.21(3)
If the sufficient transfer is a transfer under regulation 7.11.12 or 7.11.13 , the company and its officers are, in the absence of knowledge to the contrary, entitled to assume without inquiry that: (a) at the execution time, the licensed trustee company, a Public Trustee of a State or Territory, or a company listed in Schedule 9 named in the instrument held (whether alone or together with any other person or persons) in the ordinary course of its business, in trust for or on behalf of the transferee, the Division 3 assets or Division 3 rights to which the sufficient transfer relates; and (b) the transfer was not made by way of a sale, gift or exchange of the Division 3 assets or Division 3 rights.
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