(1) This section has effect for the purposes of this Part (other than
Division 7).
(2) A person (the transferor ) transfers securities to another person (the
transferee ) if, and only if:
- (a)
- in the case of an
SCH-regulated transferthe transferor does, or causes to be done, all
things that the SCH business rules require to be done by or on behalf of the
transferor to effect the transfer; or
- (b)
- in any other casethe 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 marketable rights within the meaning of
Division 3 of Part 7.13to become registered as the holder of
the securities; or
- (ii)
- in the case of such marketable rightsto obtain the issue to the
transferee of the securities to which the marketable rights relate;
without the transferor doing anything more, or causing anything more to be
done, by way of executing or supplying documents.
(3) 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.
(4) 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.
(5) In this section:
"person" includes a partnership.