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 D - Miscellaneous

 View history note

SECTION 1110   OPERATION OF DIVISION  

View history reference

1110(1)  [Overriding effect]  

This Division applies in relation to a transfer of marketable securities or marketable rights despite anything to the contrary in this Law (other than this Division) or in another law or instrument relating to the transfer of the securities or rights.

 View history note

1110(2)  [Terms and conditions of sale]  

Except as provided in this Division, this Division does not affect the terms and conditions on which marketable securities or marketable rights are sold.

1110(3)  [Right to refuse registration]  

Nothing in this Division (other than section 1109L) affects any right of an eligible body to refuse:

(a)  to acknowledge or register a person as the holder of marketable securities; or

(b)  to allot or issue marketable securities to a person;

on a ground other than an objection to the form of document that is lodged with or sent to the eligible body and purports to transfer to the person the securities, or marketable rights relating to the securities.

 View history note

1110(4)  [Effect of registration]  
View history reference

The registration of a transfer, or the allotment or issue, of a marketable security by means of a Division 3 transfer does not breach any law, constitution, trust deed or other instrument relating to marketable securities.

 View history note

1110(5)  [Other forms of transfer]  

Nothing in this Division (except section 1109K) prevents or affects the use of:

(a)  any other form of transfer of marketable securities or marketable rights; or

(b)  any other mode of executing a document transferring marketable securities or marketable rights;

that is otherwise permitted by law.

 View history note

1110(6)  [Transfer by or to trustee]  

A transfer of marketable securities or marketable rights by or to a trustee or legal representative may be effected by means of a Division 3 transfer 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.

 View history note

 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.