Commonwealth Consolidated Regulations

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CORPORATIONS REGULATIONS 2001 - REG 7.5.10

Meaning of transfer of securities

  (1)   A transfer of securities takes place between a person (the transferor ) and another person (the transferee ) only if:

  (a)   in the case of an ASTC - regulated transfer--the transferor does, or causes to be done, all things that the ASTC operating rules require to be done by or on behalf of the transferor to effect the transfer; or

  (b)   in any other case--the transferor delivers, or causes to be delivered, to the transferee documents ( transfer documents ) that are sufficient to enable the transferee:

  (i)   except in the case of Division   3 rights--to become registered as the holder of the securities; or

  (ii)   in the case of Division   3 rights--to obtain the issue to the transferee of the securities to which the Division   3 rights relate;

    without the transferor doing anything more, or causing anything more to be done, by way of executing or supplying documents.

  (2)   If a person:

  (a)   causes property (other than securities or money) to be transferred to another person; or

  (b)   causes documents that are sufficient to enable another person to become the legal owner of property (other than securities or money) to be delivered to another person;

the first - mentioned person is taken to have transferred the property to the other person.

  (3)   If a person causes money to be paid to another person, the first - mentioned person is taken to have paid the money to the other person.


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