Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:21:p10
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 21 (pt 10/24)
Character Range: 1498634–1501250

broker is not a broker's agent, the designated broker is liable to indemnify:
 (i) the issuer in relation to the Division 3 assets or Division 3 rights; and
 (ii) the transferor; and
 (iii) the transferee; and
 (iv) the transferee's broker;
  against any loss or damage arising if:
 (v) the stamp mentioned in paragraph (1)(b) is not the designated broker's stamp; or
 (vi) apart from paragraph (a), the designated broker was not authorised to execute the transfer document on the transferor's behalf.

7.11.18  Warranties by market licensee if transfer document purports to bear its stamp
 (1) This regulation applies if a transfer document:
 (a) has been duly completed in accordance with Part 1 of Form 3 or Form 7; and
 (b) bears a stamp that purports to be a stamp of a market licensee.
 (2) The market licensee is taken to have warranted that:
 (a) the statements in the transfer document that purport to be certified by a market licensee are accurate; and
 (b) the transferor is:
 (i) the registered holder of, or entitled to be registered as the holder of, the Division 3 assets; or
 (ii) entitled to the Division 3 rights;
  and is legally entitled or authorised to sell or dispose of the Division 3 assets or Division 3 rights.

7.11.19  Indemnities by market licensee and broker if transfer document purports to bear their stamps
 (1) This regulation applies if:
 (a) a transfer document (the first document) relating to Division 3 assets or Division 3 rights:
 (i) has been duly completed in accordance with Part 1 of Form 1 or Form 5; and
 (ii) bears a stamp that purports to be the stamp of the transferor's broker; and
 (b) another transfer document:
 (i) relates to any or all of the Division 3 assets or Division 3 rights; and
 (ii) has been duly completed in accordance with Part 1 of Form 3 or Form 7; and
 (iii) bears a stamp that purports to be the stamp of a market licensee.
 (2) The market licensee is liable to indemnify:
 (a) the issuer in relation to the Division 3 assets or Division 3 rights; and
 (b) the transferor in relation to the other document; and
 (c) the transferee in relation to the other document; and
 (d) the broker of the transferee in relation to the other document;
against any loss or damage arising if:
 (e) the stamp mentioned in subparagraph (1)(a)(ii) is not the stamp of the transferor's broker; or
 (f) apart from paragraph 7.11.17(4)(a), the designated broker was not authorised to execute the first document on behalf of the transferor in relation to the first document.
 (3) Each associate (if any) of the transferor's broker is liable to indemnify the market