Commonwealth Consolidated Regulations

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CORPORATIONS REGULATIONS 2001 - REG 7.11.21

Registration of certain instruments

             (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.

             (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.

             (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, within the meaning of Chapter   5D of the Act, 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.



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