CCH Note:
Part 13 of the
Corporations Act 1989, inserted
by sec 6 of No 110 of 1990, Sch 1 (effective 1 January 1991), begins as
follows:
PART 13 - THE CORPORATIONS LAW
THE CORPORATIONS LAW
82
The Corporations Law is as follows:...
CHAPTER 7 - SECURITIES
PART 7.10 - THE NATIONAL GUARANTEE FUND
Division 7 - Unauthorised transfer
SECTION 956
SITUATIONS TO WHICH DIVISION APPLIES
956(1)
[Not an SCH-regulated transfer]
This Division applies if:
(a)
a dealer executes a document of transfer of securities on behalf of a person as transferor of the securities; and
(b)
the transfer is not an SCH-regulated transfer; and
(c)
apart from the effect of paragraph
1105(3)(a), the person did not authorise the dealer to execute the document.
History
S 956(1) substituted by No 210 of 1992, s 152 (effective 23 June 1993).
956(2)
[SCH transfer]
This Division also applies if:
(a)
a dealer effects, or purports to effect, a proper SCH transfer of securities on behalf of a person; and
(b)
apart from the effect of section 1109B, the person did not authorise the dealer to effect the transfer.
History
S 956(2) substituted by No 210 of 1992, s 152 (effective 23 June 1993).
956(3)
[Terminology]
In this Division:
(a)
the dealer's action referred to in whichever of paragraphs
(1)(a) and
(2)(a) is applicable is called the
``unauthorised execution''
; and
(b)
the person referred to in whichever of those paragraphs is applicable is called the
``transferor''
; and
(c)
the securities referred to in whichever of those paragraphs is applicable are called the
``transferred securities''
.
History
S 956(3) substituted by No 210 of 1992, s 152 (effective 23 June 1993).