THE CORPORATIONS LAW

CHAPTER 2K - CHARGES

PART 2K.2 - REGISTRATION

SECTION 273   REGISTRATION UNDER OTHER LEGISLATION RELATING TO CHARGES  

273(1)  [Registration may not be necessary]  

Where, whether before or after the prescribed time, a notice in relation to a charge is required to be lodged under this Part:

(a)  the charge need not be registered under a specified law of this jurisdiction; and

(b)  no provision of a specified law of this jurisdiction relating to priorities applies to or in relation to the charge; and

(c)  a failure to register the charge under a specified law of this jurisdiction does not affect the validity, or limit the effect, of the charge.

273(2)  [Validity]  

Where:

(a)  a transfer, assignment, or giving of security, by a company is registrable under a specified law of this jurisdiction;

(b)  notice in relation to the transfer, assignment or giving of security is required to be lodged under this Part; and

(c)  the transfer, assignment or giving of security is registered under this Part;

then:

(d)  the transfer, assignment or giving of security is, subject to paragraph (1)(b), as valid and effectual; and

(e)  by force of this subsection, the specified provisions (if any) of a law of this jurisdiction have effect, with the prescribed modifications (if any), in relation to the transfer, assignment or giving of security;

as if it had been duly registered under that specified law.

273(3)  [Crop and wool liens and stock mortgages]  

Where:

(a)  a crop lien, wool lien, or stock mortgage, given by a company is registrable under a specified law of this jurisdiction;

(b)  notice in relation to the crop lien, wool lien, or stock mortgage, is required to be lodged under this Part; and

(c)  the crop lien, wool lien, or stock mortgage, is registered under this Part;

then:

(d)  the crop lien, wool lien or stock mortgage is, subject to paragraph (1)(b), as valid and effectual; and

(e)  by force of this subsection, the specified provisions (if any) of a law of this jurisdiction have effect, with the prescribed modifications (if any), in relation to the crop lien, wool lien, or stock mortgage;

as if it had been duly registered under that specified law.

273(4)  [Regulations affecting application of other legislation]  

Subject to this Chapter, the regulations may provide that specified provisions of a law of this jurisdiction:

(a)  do not apply; or

(b)  apply, because of the regulations and with the prescribed modifications (if any);

in relation to specified charges in relation to which notices must be lodged under this Part.

273(5)  [Exemption for certain joint charges]  

Nothing in this section applies in relation to a charge given by a company jointly with another person who is not, or other persons at least one of whom is not, a company.

273(6)  [``specified'']  

In this section:

``specified'' means specified in an application order.

 

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.