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 7.11.38   DETERMINATION OF WHO HOLDS DIVISION 4 FINANCIAL PRODUCTS IN CLASS OF DIVISION 4 FINANCIAL PRODUCTS FOR THE PURPOSES OF MEETING  

7.11.38(1)   [ Application]  

This regulation applies to a meeting of the holders of a class of securities of a body corporate if some or all of the securities in that class are Division 4 financial products.

7.11.38(2)   [ Power]  

The convener of the meeting may determine that all the securities of the body corporate in the relevant class that are Division 4 financial products at a specified time before the meeting are taken, for the purposes of the meeting, to be held by the persons who held them at the specified time.

7.11.38(3)   [ Specified time]  

The specified time:

(a) must satisfy any applicable requirements of the ASTC operating rules; but

(b) in any case, must not be more than 48 hours before the meeting.

7.11.38(4)   [ Requirements]  

The convener must make a determination:

(a) in accordance with any applicable requirements of the ASTC operating rules as to the way in which it must be made; but

(b) in any case, before notice of the meeting is given.

7.11.38(5)   [ Contents of notice]  

The convener must include particulars of the determination in the notice of the meeting.

7.11.38(6)   [ Failure to include particulars]  

However, a failure to include particulars of the determination in the notice of the meeting does not invalidate the determination.

7.11.38(7)   [ Paramountcy of determination]  

The convener's determination has effect accordingly despite anything in:

(a) the Act; and

(b) these Regulations; and

(c) any other law (written or unwritten) that applies to the meeting; and

(d) any document that applies to the meeting (for example, the body corporate's constitution or a relevant trust deed).