Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p116
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 116/212)
Character Range: 306034–308925

to which the shares are paid up.

"(2) A certificate issued in accordance with subsection (1) or a corresponding previous law specifying shares held by a member of a company is prima facie evidence of the title of the member to the shares.

"(3) A failure to comply with subsection (1) does not affect the rights of a holder of shares.".

After subsection 1091 (1):

  Insert:

"(1a) An instrument of transfer is not a proper instrument of transfer for the purposes of subsection (1) unless:

     (a) in the case of a transfer of marketable securities within the meaning of Division 3 of Part 7.13—it is a sufficient transfer of the marketable securities under that Division; or

     (b) in any other case—it shows the jurisdiction of incorporation of the company concerned.".

Subsection 1091 (4):

     (a) Omit "the law in force in a State or Territory other than the State or Territory in which the holder was registered", substitute "a law of another jurisdiction".

     (b) Omit "the law of the last-mentioned State or Territory", substitute "a law of this jurisdiction".

Paragraph 1091 (4) (b):

Omit "the last-mentioned State or Territory", substitute "this jurisdiction".

Subsection 1091 (5):

Omit "the law of the State or Territory in which the holder was registered", substitute "a law of this jurisdiction".

Subsection 1091 (7):

  Omit "any State or Territory", substitute "a jurisdiction".

Subsection 1097 (1) (definition of "eligible body"):

  Omit the definition, substitute:

" 'eligible body' means:

   (a) a company; or

   (b) a body corporate (other than a company) that:

       (i) is incorporated in this jurisdiction; and

SCHEDULE 1—continued

       (ii) is prescribed for the purposes of this paragraph; or

   (c) an unincorporated society, association or body, that:

       (i) is formed or established in this jurisdiction; and

         (ii) is included in the official list of a securities exchange; and

      (iii) is prescribed for the purposes of this paragraph;".

Subsection 1097 (1) (definition of "issuing body"):

Omit "eligible body that", substitute "body (whether incorporated or not) that, or other person who,".

After section 1108:

  Insert:

Marketable securities and rights from other jurisdictions: effect of sections 1105 to 1108

"1108a. (1) Sections 1105 to 1108, inclusive, apply in relation to marketable securities, and marketable rights, within the meaning of Division 3 of Part 7.13 of the Corporations Law of another jurisdiction and, for the purposes of those sections as so applying:

     (a) subject to paragraph (b) of this subsection, an expression has the. same meaning in those sections as in that Division; and

     (b) a reference in those sections to a document bearing a stamp of a particular kind is taken to be a reference to the document bearing a stamp of that kind that purports to have been "stamped