Document ID: chunk:federal_register_of_legislation:C2004A04777:front:0:p13
Version: federal_register_of_legislation:C2004A04777
Segment Type: other
Provision Reference: 
Character Range: 31468–34322

a specified period, then, for the purposes of the provisions mentioned in subsection (3), those securities or rights are taken to be quoted securities or quoted rights during that period.

      "(3) These are the provisions:

        (a) the definitions of 'proper SCH transfer', 'SCH certificate cancellation provisions', 'SCH-regulated transfer' and 'SCH subregister' in section 9; and

        (b) section 642A and the provisions of Parts 7.2A and 7.13, and of any regulations made for the purposes of those Parts.".

27. Subsection 1109C(1):

Omit "the securities", substitute "the way in which the securities may be transferred".

28. Subsection 1109C(2):

Omit "the rights or the marketable securities to which they relate", substitute "the way in which the rights may be transferred".

29. After section 1109M:

  Insert in Subdivision C of Division 3 of Part 7.13:

Determination of who holds quoted securities for the purposes of a meeting

  "1109N.(1) This section applies to a meeting of:

     (a) the holders of securities of a body corporate, provided some or all of the securities are quoted securities; or

     (b) the holders of a class of securities of a body corporate, provided some or all of the securities in that class are quoted securities.

  "(2) The convener of the meeting may determine that:

     (a) if paragraph (1)(a) applies—all the securities of the body corporate that are quoted securities at a specified time before the meeting; or

     (b) if paragraph (1)(b) applies—all the securities of the body corporate in the relevant class that are quoted securities at a specified time before the meeting;

are taken, for the purposes of the meeting, to be held by the persons who held them at the specified time.

SCHEDULE 2—continued

"(3) The specified time must not be more than 48 hours before the meeting.

"(4) Subject to subsection (3), the specified time must satisfy any applicable requirements of the SCH business rules.

"(5) The determination must be made in accordance with any applicable requirements of the SCH business rules as to the way in which it must be made.

"(6) The determination must be made before notice of the meeting is given.

"(7) Particulars of the determination must be included in the notice of the meeting, but a failure to do so does not invalidate the determination.

  "(8) The determination has effect accordingly despite anything in:

  (a) this Law or the regulations; and

  (b) any other laws (written or unwritten) that apply to the meeting; and

     (c) any documents (for example, the body corporate's constitution or any relevant trust deed) that apply to the meeting.

Determination of who holds quoted securities for the purposes of conferring security benefits

"1109P.(1) If the SCH business rules include provisions relating to the determination, for the purposes