Corporations Act 2001
Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .
View history note
Hide history noteA share, other interest of a member in a company or interest of a person in a registered scheme:
(a) is personal property; and
(b) is transferable or transmissible as provided by:
(i) the company's, or scheme's, constitution; or
(ii) the operating rules of a prescribed CS facility if they are applicable; and
(c) is capable of devolution by will or by operation of law. 1070A(2) [ Devolution by will]
Paragraph (1)(c) has effect subject to:
(a) in the case of a company:
(i) the company's constitution (if any); and
(ii) any replaceable rules that apply to the company; and
(iii) the operating rules of a prescribed CS facility if they apply to the share or interest; and
(b) in the case of a scheme:
(i) the scheme's constitution; and
1070A(3) [ Application of laws and equitable interests]
(ii) the operating rules of a prescribed CS facility if they apply to the interest.
(a) the laws applicable to ownership of, and dealing with, personal property apply to a share, other interest of a member in a company or interest of a person in a registered scheme as they apply to other property; and
(b) equitable interests in respect of a share, interest of a member in a company or other interest of a person in a registered scheme may be created, dealt with and enforced as in the case of other personal property. 1070A(4) [ Jurisdiction]
For the purposes of any law, a share, other interest of a member in a company or interest of a person in a registered scheme is taken to be situated:
(a) if the share, interest in a company, or interest in a registered scheme is entered on the register kept under section 169 - in the State or Territory where that register is kept; or
(b) if the share or interest in the company is entered on an overseas branch register kept under section 178 - in the foreign country where that register is kept.
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.
