Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:15:p40
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 15 (pt 40/73)
Character Range: 1787549–1790304

a principal that acts under a provision of the relevant old legislation.
 (5) Nothing in this Division is intended to reduce or otherwise affect the liability of a person for:
 (a) any offence imposed by any law; or
 (b) any other criminal or civil penalty imposed under any law.

Division 21—Title and transfer

10.2.105  Loss or destruction of certificates
 (1) This regulation applies if:
 (a) an application was made to a company, under section 1089 of the old Corporations Act, for the issue of a duplicate certificate or document of title regarding shares, debentures or interests in a managed investment scheme; and
 (b) the company did not issue a duplicate certificate or other document of title to the shares, debentures or interests before the FSR commencement.
 (2) Section 1089 of the old Corporations Act, and any associated provisions, continue to apply to the extent necessary to allow the company to deal with the application.
Note: Subsections 1089(1) and (3) of the old Corporations Act included important requirements relating to the application, including time limits for compliance with the application.

10.2.106  Instrument of transfer
 (1) This regulation applies if:
 (a) the personal representative of a dead holder for section 1091 of the old Corporations Act completed all the steps necessary to require a company:
 (i) to register a transfer; and
 (ii) to pay to the personal representative any dividends or money accrued in respect of the share, debenture or interest being transferred up to the time of execution of the transfer; and
 (b) the company:
 (i) did not register the transfer before the FSR commencement; or
 (ii) did not make some or all of the payment before the FSR commencement.
 (2) Section 1091 of the old Corporations Act, and any associated provisions, continue to apply to the extent necessary to allow the company to register the transfer and make the payment.

10.2.107  Trustee etc may be registered as owner of shares
 (1) This regulation applies if:
 (a) a person began to hold shares in a proprietary company as trustee for, or otherwise on behalf of or on account of, a body corporate before the FSR commencement; and
 (b) the person did not serve on the proprietary company the notice required under subsection 1091C(11) of the old Corporations Act before the FSR commencement; and
 (c) the 1 month period mentioned in that subsection had not expired before the FSR commencement.
 (2) Section 1091C of the old Corporations Act, and any associated provisions, continue to apply to the extent necessary to allow for:
 (a) the person to serve the notice within the 1 month period; and
 (b) the consequences of not serving the notice within the period.

10.2.108  Registration of transfer at request