Commonwealth Consolidated Regulations

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CORPORATIONS REGULATIONS 2001 - REG 7.11.28

Effect of proper ASTC transfer on transferee: rights

  (1)   If a proper ASTC transfer of a Division   4 financial product that is rights (other than rights that relate to an interest in a managed investment scheme) takes effect at a particular time, the transferee is taken:

  (a)   to have applied at that time to the issuer in relation to the rights for the issue to the transferee of the Division   4 financial product to which the rights relate; and

  (b)   to have agreed at that time to accept the Division   4 financial product to which the rights relate subject to the terms and conditions on which the issuer offers them for subscription.

  (2)   If the Division   4 financial product to which the rights (other than rights that relate to an interest in a managed investment scheme) relate is shares, the transferee is also taken to have agreed, at that time:

  (a)   to become a member of the issuer; and

  (b)   to be bound, on being registered as the holder of the shares, by the issuer's constitution.

  (3)   If the Division   4 financial product is a right to an interest in a managed investment scheme, the transferee is also taken to have agreed at that time:

  (a)   to have applied at that time to the responsible entity in relation to the rights for the issue to the transferee of the interest in a managed investment scheme to which the rights relate; and

  (b)   to have agreed at that time to accept the interest in a managed investment scheme to which the rights relate subject to the terms and conditions on which they are offered by the responsible entity; and

  (c)   to become a member of the managed investment scheme; and

  (d)   to be bound by the constitution of the managed investment scheme to the extent that:

  (i)   the transferee will comply with any requirement imposed on the transferee by the constitution; and

  (ii)   the transferee will not impede compliance by another person with any requirement imposed on the other person by the constitution.

  (4)   In this regulation:

"right" means a right, whether existing or future, and whether contingent or not, of a person to have any of the following issued to the person, whether or not on payment of any money or for any other consideration:

  (a)   a share in a company (including a body to which section   1073C of the Act applies);

  (b)   a debenture of a company (including a body to which section   1073C of the Act applies);

  (c)   an interest in a registered scheme mentioned in regulations made under paragraph   1073A(1)(c) of the Act.



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