(1) A share or other interest of a member in a company:
- (a)
- is personal
property; and
- (b)
- is transferable or transmissible as provided by the company's
constitution, or, if they are applicable, the SCH business rules; and
- (c)
- subject to the company's constitution (if any) and any replaceable rules
that apply to the company, and, if they are applicable, the
SCH business rules, is capable of devolution by will or by operation of law.
(2) Subject to subsection (1):
- (a)
- the laws applicable to ownership of
and dealing with personal property apply to a share or other interest of a
member in a company as they apply to other property; and
- (b)
- equitable interests in respect of a share or other interest of a member in
a company may be created, dealt with and enforced as in the case of other
personal property.
(3) For the purposes of any law, a share or other interest of a member in a
company is taken to be situated:
- (a)
- if the share or other interest is
entered on the register kept under section 169in the State or
Territory where that register is kept; or
- (b)
- if the share or other interest is entered on an overseas branch register
kept under section 178in the foreign country where that register is
kept.