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 7.11.39   DETERMINATION OF WHO HOLDS DIVISION 4 FINANCIAL PRODUCTS FOR THE PURPOSES OF CONFERRING SECURITY BENEFITS  

7.11.39(1)   [ Paramountcy of ASTC operating rules]  

If the ASTC operating rules include provisions relating to the determination, for the purposes of conferring security benefits, of who holds or is taken to hold Division 4 financial products at a particular time, those provisions have effect accordingly despite anything in:


(a) the Act; and


(b) these Regulations; and


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


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

7.11.39(2)   [ ``conferring a security benefit'']  

In subregulation (1), conferring a security benefit means:


(a) paying or transferring money or property to a person because the person holds or held a Division 4 financial product; or


(b) issuing securities to a person because the person holds or held a Division 4 financial product; or


(c) conferring a right on a person because the person holds or held a Division 4 financial product.




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