Document ID: chunk:federal_register_of_legislation:C2025C00185:section:1072h:p1
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 1072H (pt 1/3)
Character Range: 4744494–4747191

1072H  Notices relating to non‑beneficial and beneficial ownership of shares
 (1) If, upon registration of a transfer of shares in a company, the transferee would hold non‑beneficially particular shares (the relevant shares), being all or any of the shares to which the transfer relates, the transferee must only lodge the instrument of transfer with the company for registration of the transfer if the instrument of transfer includes a notice that:
 (a) contains a statement to the effect that, upon registration of the transfer, the transferee will hold the relevant shares non‑beneficially; and
 (b) sets out particulars of the relevant shares; and
 (c) is signed by or on behalf of the transferee.
Note: Failure to comply with this subsection is an offence (see subsection 1311(1)).
 (2) The fact that a person has failed to comply with subsection (1) does not affect the validity of the registration of a transfer of shares in a company.
 (3) If:
 (a) an instrument of transfer of shares in a company includes a notice of the kind referred to in paragraph (1)(c) and is lodged with the company for registration of the transfer; and
 (b) upon registration of the transfer, the transferee holds beneficially particular shares (in this subsection called the relevant shares), being all or any of the shares particulars of which are set out in the notice;
then, before the end of 14 days beginning on registration of the transfer, the transferee must, whether or not the transferee begins before the end of that period to hold all or any of the relevant shares non‑beneficially, give to the company a notice that:
 (c) sets out the name and address of the transferee; and
 (d) contains a statement to the effect that, as from registration of the transfer, the transferee holds the relevant shares beneficially; and
 (e) sets out particulars of the relevant shares; and
 (f) is signed by or on behalf of the transferee.
Note: Failure to comply with this subsection is an offence (see subsection 1311(1)).
 (4) If:
 (a) an instrument of transfer of shares in a company is lodged with the company for registration of the transfer; and
 (b) upon registration of the transfer, the transferee holds non‑beneficially particular shares (in this subsection called the relevant shares), being all or any of the shares to which the instrument of transfer relates (other than, in a case in which the instrument of transfer includes a notice of the kind referred to in paragraph (1)(c), the shares particulars of which are set out in the notice);
then, before the end of 14 days beginning on registration of the transfer, the transferee must, whether or not the transferee begins before the end of that period