Corporations Act 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

PART 7.11 - TITLE AND TRANSFER  

Division 2 - Transfer of certain securities  

Subdivision A - General provisions  

SECTION 1071D   REGISTRATION OF TRANSFER AT REQUEST OF TRANSFEROR  

1071D(1)   [ Application by transferor]  

A written application by the transferor of a security of a company for the transferee's name to be entered in the appropriate register is as effective (for the company's purposes) as if it were an application by the transferee. The application is subject to the same conditions as it would be if it had been made by the transferee.

1071D(2)   [ Notice requiring person to bring title documents, etc]  

If the transferor of a security of a company requests the company in writing to do so, the company must, by written notice, require a person who has possession, custody or control of either or both of the following:


(a) any title documents for the security;


(b) the instrument of transfer of the security;

to bring it or them into the office of the company within a specified period, to have the document cancelled or rectified and the transfer registered or otherwise dealt with.

1071D(3)   [ Specified period]  

The period specified under subsection (2) must be not less than 7 and not more than 28 days after the date of the notice.

1071D(4)   [ Summons]  

If a person refuses or fails to comply with a notice given under subsection (2), the transferor may apply to the Court for the issue of a summons for that person to appear before the Court and show cause why the documents mentioned in the notice should not be delivered up or produced as required by the notice.

1071D(5)   [ Court's powers]  

The Court may:


(a) if the person appears:


(i) examine the person upon oath or affirmation; and

(ii) receive other evidence; and


(b) if the person does not appear after being duly served with the summons - receive evidence in the person's absence; and


(c) in either case order the person to deliver up such documents to the company upon such terms or conditions as the Court considers just and reasonable.

The costs of the summons and of proceedings on the summons are in the discretion of the Court.

1071D(6)   [ Advertisement]  

Lists of documents required to be brought in under subsection (2) but not brought in in accordance with a requirement made under subsection (2) or delivered up in accordance with an order under subsection (5), must be:


(a) exhibited in the office of the company; and


(b) advertised in the Gazette and in such newspapers and at such times as the company thinks fit.


 

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