(1) Subject to subsection (2), where a certificate or other document
of title to shares, debentures or interests in a managed investment scheme is
lost or destroyed, the company must, on application by the owner of the
shares, debentures or interests, issue a duplicate certificate or document to
the owner:
- (a)
- if the company requires the payment of an amount not
exceeding the prescribed amountwithin 21 days after the payment is
received by the company or within such longer period as ASIC approves; or
- (b)
- in a case to which paragraph (a) does not applywithin 21 days
after the application is made or within such longer period as ASIC approves.
(2) The application must be accompanied by:
- (a)
- a statement in writing that
the certificate or document has been lost or destroyed, and has not been
pledged, sold or otherwise disposed of, and, if lost, that proper searches
have been made; and
- (b)
- an undertaking in writing that if it is found or received by the owner it
will be returned to the company.
(3) The directors of a company may, before accepting an application for the
issue of a duplicate certificate or document, require the applicant:
- (a)
- to
cause an advertisement to be inserted in a daily newspaper circulating in a
place specified by the directors stating that the certificate or document has
been lost or destroyed and that the owner intends, after the end of 14 days
after the publication of the advertisement, to apply to the company for a
duplicate; or
- (b)
- to give a bond for an amount equal to at least the current market value of
the shares, debentures or interests indemnifying the company against loss
following the production of the original certificate or document;
or to do both those things.
(4) If:
- (a)
- a certificate of title to shares, debentures or interests is
cancelled under the SCH certificate cancellation provisions; and
- (b)
- having regard to those provisions, the certificate should not have been
cancelled;
this section applies to the certificate as though it were destroyed on its
cancellation.