THE CORPORATIONS LAW

CHAPTER 7 - SECURITIES

PART 7.13 - TITLE TO, AND TRANSFER OF, SECURITIES

Division 3 - Transfer of marketable securities and marketable rights

Subdivision A - Interpretation

 View history note

SECTION 1098   DOCUMENT DULY COMPLETED IN ACCORDANCE WITH A PARTICULAR FORM  

1098(1)  [Requirements for due completion]  

For the purposes of this Division, a document is not duly completed in accordance with one of Forms 1, 2, 3, 4, 5, 6, 7 and 8, or a part of one of those forms, unless it:

(a)  where the form or part refers to the name and address of the transferee - purports to state that name and address;

(b)  where the form or part refers to the transferor's broker's stamp - bears a stamp that purports to be such a stamp;

(c)  where the form or part refers to the transferee's broker's stamp - bears a stamp that purports to be such a stamp; and

(d)  where the form or part refers to a securities exchange stamp - bears a stamp that purports to be a stamp of a securities exchange.

1098(2)  [Sufficient transfer]  

Where a document (in this section called the ``first document'' ) relates to particular marketable securities or marketable rights, subsections (3), (4) and (5) apply for the purposes of determining whether the first document and another document (in this section called the ``second document'' ) are, or together with another document or documents are, a sufficient transfer of the securities or rights.

1098(3)  [Completion of first document]  

The first document is not duly completed in accordance with Part 3 of Form 1, 2, 3, 5, 6 or 7 unless, where that part refers to the transferee's broker's stamp, the first document bears a stamp that purports to be such a stamp and includes a string of characters that purports to be the transfer consolidation number of the first document.

1098(4)  [Completion of second document]  

The second document is not duly completed in accordance with Part 1 of Form 4 or 8 unless, where that part refers to a transfer consolidation number or transfer consolidation numbers, the second document sets out the string of characters referred to in subsection (3).

1098(5)  [Incorrect completion]  

The second document shall not be taken not to be duly completed in accordance with Part 1 of Form 4 or 8 merely because of either or both of the following:

(a)  the second document sets out, where that part refers to a transfer consolidation number or transfer consolidation numbers, a string or strings of characters other than the string referred to in subsection (3);

(b)  the second document fails to set out correctly the number of marketable securities or marketable rights to which it relates.

 

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