Corporations Regulations 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

PART 7.11 - TITLE AND TRANSFER  

Division 4 - Transfer of Division 4 financial products effected through prescribed CS facility  

REGULATION 7.11.39   DETERMINATION OF WHO HOLDS DIVISION 4 FINANCIAL PRODUCTS FOR THE PURPOSES OF CONFERRING SECURITY BENEFITS  

7.11.39(1)   [ Paramountcy of ASTC operating rules]  

If the ASTC operating rules include provisions relating to the determination, for the purposes of conferring security benefits, of who holds or is taken to hold Division 4 financial products at a particular time, those provisions have effect accordingly despite anything in:


(a) the Act; and


(b) these Regulations; and


(c) any other law (written or unwritten) that applies to the conferral; and


(d) any document that applies to the conferral (for example, the body corporate's constitution or a relevant trust deed).

7.11.39(2)   [ ``conferring a security benefit'']  

In subregulation (1), conferring a security benefit means:


(a) paying or transferring money or property to a person because the person holds or held a Division 4 financial product; or


(b) issuing securities to a person because the person holds or held a Division 4 financial product; or


(c) conferring a right on a person because the person holds or held a Division 4 financial product.


 

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.