Corporations Regulations 2001

CHAPTER 10 - REPEALS, TRANSITIONAL MATTERS AND APPLICATION PROVISIONS  

PART 10.2 - TRANSITIONAL ARRANGEMENTS RELATING TO FINANCIAL SERVICES REFORM LEGISLATION  

Division 21 - Title and transfer  

REGULATION 10.2.111   DUTIES OF COMPANY WITH RESPECT TO ISSUE OF CERTIFICATES: TRANSFER OF SHARES, DEBENTURES OR INTERESTS  

10.2.111(1)   [ Application]  

This regulation applies if:

(a) any of the following was lodged with a company:

(i) a transfer of shares in the company (other than a transfer that the company was entitled to refuse to register and did not register);

(ii) a transfer of debentures of the company (other than a transfer that the company was entitled to refuse to register and did not register);

(iii) a transfer of interests made available by the company (other than a transfer that the company was entitled to refuse to register and did not register); and

(b) the company was required to complete, and have ready for delivery, all appropriate certificates, debentures or other documents in accordance with subsection 1096(2) of the old Corporations Act; and

(c) the company did not complete all of its obligations under paragraph 1096(2)(a) or (b) of the old Corporations Act (whether or not those obligations were affected by subsection 1096(2A) of the old Corporations Act) within the 1 month period required by subsection 1096(2) of that Act.

Note: Subsection 1096(2A) of the old Corporations Act provided that the only document required by subsection 1096(2) of the old Corporations Act to be completed and delivered by a company in relation to an SCH-regulated transfer is such document (if any) as the SCH business rules require to be so completed and delivered.

10.2.111(2)   [ Continued application of previous provisions]  

Section 1096 of the old Corporations Act, and any associated provisions, continue to apply to the extent necessary to allow for:

(a) the completion of the company's obligations within the 1 month period; and

(b) a transferee mentioned in paragraph 1096(2)(b) of the old Corporations Act to give instructions mentioned in that paragraph after the FSR commencement; and

(c) the operation of the arrangements mentioned in subsections 1096(3) and (4) of the old Corporations Act after the FSR commencement; and

(d) the consequences of not completing the obligations within the 1 month period.