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 B - Sufficient transfers (transfers other than SCH-regulated transfers)

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SECTION 1109   REGISTRATION OF CERTAIN INSTRUMENTS  

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1109    An eligible body with which a sufficient transfer under this Division is lodged for the purpose of registering a transfer, or obtaining the allotment or issue, of marketable securities is, and its officers are, in the absence of knowledge to the contrary, entitled to assume without inquiry that:

(a)  in the case of a sufficient transfer under section 1101:

(i) a stamp on the document that purports to be the transferor's broker's stamp is the stamp of that broker;
(ii) a stamp on the document that purports to be the transferee's broker's stamp is the stamp of that broker; and
(iii) a stamp on the document that purports to be the stamp of a securities exchange is the stamp of that securities exchange; or

(b)  in the case of a sufficient transfer under section 1102:

(i) at the execution time, the authorised trustee corporation named in the instrument held (whether alone or together with any other person or persons) in the ordinary course of its business, in trust for or on behalf of the transferee, the marketable securities or marketable rights to which the sufficient transfer relates; and
(ii) the transfer was not made by way of a sale, gift or exchange of the securities or rights.

 

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