Corporations Regulations 2001
View history note
Hide history note[ 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.]
This regulation applies if the transfer document for a proper ASTC transfer of a Division 4 financial product includes a participant's identification code as the identification code of the participant effecting the transfer.
7.11.29(2) [ Participant is transferor]If the participant is the transferor, the participant is taken to have warranted that:
(a) the transfer was effected by the participant; and
(b) the transferor was legally entitled or authorised to transfer the Division 4 financial product. 7.11.29(3) [ Application of subreg (4)]
(a) the participant is not the transferor; and
(b) the transfer is pursuant to a transaction in relation to which, or to transactions in relation to each of which, one of the following conditions is satisfied:
(i) the transaction was entered into in the ordinary course of trading on a financial market;
7.11.29(4) [ Participant not transferor - certain conditions satisfied]
(ii) the transaction is, under the operating rules of a market licensee, described, or to be described, as ``special'' when it is reported to the market licensee.
The participant is taken to have warranted that:
(a) the transferor was legally entitled or authorised to transfer the Division 4 financial product; and
(b) the transfer was effected by the participant; and
(c) the participant was authorised by the transferor to effect the transfer. 7.11.29(5) [ Application of subreg (6)]
(a) the participant is not the transferor; and
(b) the transfer is not pursuant to a transaction in relation to which, or to transactions in relation to each of which, one of the following conditions is satisfied:
(i) the transaction was entered into in the ordinary course of trading on a financial market;
7.11.29(6) [ Participant not transferor - certain conditions not satisfied]
(ii) the transaction is, under the operating rules of a market licensee, described, or to be described, as ``special'' when it is reported to the market licensee.
The participant is taken to have warranted that:
(a) the transfer was effected by the participant; and
(b) the participant was authorised by the transferor to effect the transfer.
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