Corporations Regulations 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

PART 7.11 - TITLE AND TRANSFER  

Division 3 - Transfer of Division 3 securities effected otherwise than through a prescribed CS facility  

REGULATION 7.11.21   REGISTRATION OF CERTAIN INSTRUMENTS  

7.11.21(1)    
This regulation applies if a sufficient transfer under this Part is lodged with a company for the purpose of:

(a)    registering a transfer of Division 3 assets; or

(b)    obtaining the issue of Division 3 assets.

7.11.21(2)    
If the sufficient transfer is a transfer under regulation 7.11.11 , the company and its officers are, in the absence of knowledge to the contrary, entitled to assume without inquiry that:

(a)    a stamp on the transfer document that purports to be the transferor ' s broker ' s stamp is the stamp of that broker; and

(b)    a stamp on the transfer document that purports to be the transferee ' s broker ' s stamp is the stamp of that broker; and

(c)    a stamp on the transfer document that purports to be the stamp of a market licensee is the stamp of that market licensee.

7.11.21(3)    
If the sufficient transfer is a transfer under regulation 7.11.12 or 7.11.13 , the company and its officers are, in the absence of knowledge to the contrary, entitled to assume without inquiry that:

(a)    

at the execution time, the licensed trustee company, a Public Trustee of a State or Territory, or a company listed in Schedule 9 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 Division 3 assets or Division 3 rights to which the sufficient transfer relates; and

(b)    the transfer was not made by way of a sale, gift or exchange of the Division 3 assets or Division 3 rights.



 

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.