Corporations Regulations 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

PART 7.11 - TITLE AND TRANSFER  

Division 4 - Transfer of Division 4 financial products effected through prescribed CS facility  

REGULATION 7.11.28   EFFECT OF PROPER ASTC TRANSFER ON TRANSFEREE: RIGHTS  

7.11.28(1)   [ Deemed application and agreement as to terms and conditions]  

If a proper ASTC transfer of a Division 4 financial product that is rights (other than rights that relate to an interest in a managed investment scheme) takes effect at a particular time, the transferee is taken:

(a) to have applied at that time to the issuer in relation to the rights for the issue to the transferee of the Division 4 financial product to which the rights relate; and

(b) to have agreed at that time to accept the Division 4 financial product to which the rights relate subject to the terms and conditions on which the issuer offers them for subscription.

7.11.28(2)   [ Shares]  

If the Division 4 financial product to which the rights (other than rights that relate to an interest in a managed investment scheme) relate is shares, the transferee is also taken to have agreed, at that time:

(a) to become a member of the issuer; and

(b) to be bound, on being registered as the holder of the shares, by the issuer's constitution.

7.11.28(3)   [ Interest in a managed investment scheme]  

If the Division 4 financial product is a right to an interest in a managed investment scheme, the transferee is also taken to have agreed at that time:

(a) to have applied at that time to the responsible entity in relation to the rights for the issue to the transferee of the interest in a managed investment scheme to which the rights relate; and

(b) to have agreed at that time to accept the interest in a managed investment scheme to which the rights relate subject to the terms and conditions on which they are offered by the responsible entity; and

(c) to become a member of the managed investment scheme; and

(d) to be bound by the constitution of the managed investment scheme to the extent that:

(i) the transferee will comply with any requirement imposed on the transferee by the constitution; and

(ii) the transferee will not impede compliance by another person with any requirement imposed on the other person by the constitution.

7.11.28(4)   [ ``right'']  

In this regulation:

right
means a right, whether existing or future, and whether contingent or not, of a person to have any of the following issued to the person, whether or not on payment of any money or for any other consideration:

(a) a share in a company (including a body to which section 1073C of the Act applies);

(b) a debenture of a company (including a body to which section 1073C of the Act applies);

(c) an interest in a registered scheme mentioned in regulations made under paragraph 1073A(1) (c) of the Act.