Corporations Regulations 2001
[ CCH Note: Pursuant to the Corporations Amendment Regulations 2001 (No 4) (SR 2001 No 319) effective 11 March 2002, Chapter 7 (Securities) comprising reg 7.1.01 - 7.15.01 and Chapter 8 (The futures industry) comprising reg 8.1.01 - 8.7.03 are replaced by a new Chapter 7 (Financial services and markets) comprising reg 7.1.01 - 7.12.01. As the subject matter of the new Chapter 7 relates to the new financial services reform regime, " inserted " has been used in the history notes for each provision, and all references to the former provisions have been removed.]
(a) a transfer document (the first document ) relating to Division 3 assets or Division 3 rights:
(i) has been duly completed in accordance with Part 1 of Form 1 or Form 5; and
(ii) bears a stamp that purports to be the stamp of the transferor's broker; and
(b) another transfer document:
(i) relates to any or all of the Division 3 assets or Division 3 rights; and
(ii) has been duly completed in accordance with Part 1 of Form 3 or Form 7; and
7.11.19(2) [ Market licensee]
(iii) bears a stamp that purports to be the stamp of a market licensee.
The market licensee is liable to indemnify:
(a) the issuer in relation to the Division 3 assets or Division 3 rights; and
(b) the transferor in relation to the other document; and
(c) the transferee in relation to the other document; and
(d) the broker of the transferee in relation to the other document;
against any loss or damage arising if:
(e) the stamp mentioned in subparagraph (1)(a)(ii) is not the stamp of the transferor's broker; or
(f) apart from paragraph 7.11.17(4) (a), the designated broker was not authorised to execute the first document on behalf of the transferor in relation to the first document. 7.11.19(3) [ Associate of transferor's broker]
Each associate (if any) of the transferor's broker is liable to indemnify the market licensee against any loss or damage arising as mentioned in subregulation (2).
7.11.19(4) [ Transferor's broker who is not broker's agent]If the transferor's broker is not a broker's agent, the transferor's broker is liable to indemnify the market licensee against any loss or damage arising as mentioned in subregulation (2).
7.11.19(5) [ Operation]Nothing in this regulation limits the operation of anything in regulation 7.11.17 or 7.11.18 or of anything else in this regulation.
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