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.]
(a) a dealer executes a document of transfer of securities on behalf of a person as transferor of the securities; and
(b) the transfer is not an ASTC-regulated transfer; and
(c) apart from the effect of subregulation 7.11.17(3) , the person did not authorise the dealer to execute the document. 7.5.53(2) [ Dealer taken to have executed document of transfer]
For subregulation (1), a dealer is taken to have executed a document of transfer in relation to securities on behalf of a person as transferor of the securities if the document states that the person is the transferor of the securities and purports to have been stamped with the dealer's stamp as the transferor's broker.
7.5.53(3) [ Further application]This Subdivision also applies if:
(a) a dealer effects, or purports to effect, a proper ASTC transfer of securities on behalf of a person; and
(b) apart from the effect of regulation 7.11.26 , the person did not authorise the dealer to effect the transfer. 7.5.53(4) [ ``unauthorised execution'', ``transferor'', ``transferred securities'']
(a) the dealer's action mentioned in whichever of paragraphs (1)(a) and (3)(a) is applicable is an unauthorised execution ; and
(b) the person mentioned in whichever of those paragraphs is applicable is the transferor ; and
(c) the securities mentioned in whichever of those paragraphs is applicable are the transferred securities .
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