included in transfer document (1) This section applies if the
transfer document for a proper SCH transfer of quoted securities or
quoted rights includes a member organisation's identification code as the
identification code of the member organisation effecting the transfer.
(2) If the member organisation is the transferor, the member organisation or,
if it is a partnership, each of the partners in the member organisation, is
taken to have warranted that:
- (a)
- the transfer was effected by the
member organisation; and
- (b)
- the transferor was legally entitled or authorised to transfer the
securities or rights.
(3) If:
- (a)
- the member organisation is not the transferor; and
- (b)
- the transfer is pursuant to a transaction in relation to which, or to
transactions in relation to each of which, one of the following conditions is
satisfied:
- (i)
- the transaction was entered into in the ordinary course of trading on a
stock market; and
- (ii)
- the transaction is, under the business rules or listing rules of a stock
exchange, described, or to be described, as "special" when it is reported to
the stock exchange;
the member organisation or, if it is a partnership, each of the partners in
the member organisation, is taken to have warranted that:
- (c)
- the transferor was legally entitled or authorised to transfer the
securities or rights; and
- (d)
- the transfer was effected by the member organisation; and
- (e)
- the member organisation was authorised by the transferor to effect the
transfer.
(4) If:
- (a)
- the member organisation is not the transferor; and
- (b)
- subsection (3) does not apply;
the member organisation or, if it is a partnership, each of the partners in
the member organisation, is taken to have warranted that:
- (c)
- the transfer was effected by the member organisation; and
- (d)
- the member organisation was authorised by the transferor to effect the
transfer.