Corporations Act 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .

PART 7.11 - TITLE AND TRANSFER  

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

SECTION 1074G   OPERATION OF THIS DIVISION AND REGULATIONS MADE FOR ITS PURPOSES  

1074G(1)   [ Purpose]  

This section deals with the effect of the provisions of:

(a) this Division; and

(b) the regulations made for the purposes of this Division.

1074G(2)   [ Paramountcy]  

The provisions apply in relation to a transfer of financial products despite anything to the contrary in:

(a) this Act (other than this Division); or

(b) another law, or instrument, relating to the transfer of the financial products.

1074G(3)   [ Terms and conditions of sale otherwise unaffected]  

Except as provided in the provisions, the provisions do not affect the terms and conditions on which financial products are sold.

1074G(4)   [ Issuer's right to refuse to register, etc]  

Nothing in the provisions (other than in regulations made for the purpose of paragraph 1074E(2) (e)) affects any right of the issuer of a financial product to refuse:

(a) to acknowledge or register a person as the holder of a financial product; or

(b) to issue a financial product to a person;

on a ground other than an objection to the form of document, or electronic message or other electronic communication, that is lodged with or sent to the issuer and purports to transfer the financial product to the person.

1074G(5)   [ Transfer in accordance with operating rules]  

The registration of a transfer, or the issue, of a financial product by means of a transfer effected in accordance with the operating rules of a prescribed CS facility does not breach any law, constitution, trust deed or other instrument relating to financial products.

1074G(6)   [ Other forms of transfer, modes of execution]  

Nothing in the provisions (other than in regulations made for the purpose of paragraph 1074E(2) (d)) prevents or affects the use of:

(a) any other form of transfer of financial products; or

(b) any other mode of executing a document transferring financial products;

that is otherwise permitted by law.

1074G(7)   [ Transfer by trustee or legal representative]  

A transfer of a financial product by or to a trustee or legal representative may be effected by means of a transfer in accordance with the operating rules of a prescribed CS facility despite any law or the provisions of the instrument (if any) creating, or having effect in relation to, the trust or will under which the trustee or legal representative is appointed.

1074G(8)   [ ``legal representative'']  

In subsection (7):

legal representative
means:

(a) the executor, original or by representation, of a will of a dead person; or

(b) the administrator of the estate of a dead person.