Effect of proper ASTC transfer on transferee: Division 4 financial products other than rights
7.11.27 Effect of proper ASTC transfer on transferee: Division 4 financial products other than rights
If a proper ASTC transfer of a Division 4 financial product (other than rights) takes effect at a particular time:
the transferee is taken to have agreed at that time to accept the Division 4 financial product subject to the terms and conditions on which the transferor held them immediately before that time; and
the terms and conditions are the terms and conditions applicable as between the issuer in relation to, and the holder for the time being of, the Division 4 financial product.
If the Division 4 financial product is shares, the transferee is also taken to have agreed at that time:
to become a member of the issuer; and
to be bound by the issuer’s constitution.
If the Division 4 financial product is an interest in a managed investment scheme, the transferee is also taken to have agreed at that time:
to become a member of the managed investment scheme; and
to be bound by the constitution of the managed investment scheme to the extent that:
the transferee will comply with any requirement imposed on the transferee by the constitution; and
the transferee will not impede compliance by another person with any requirement imposed on the other person by the constitution.
In this regulation:
right means a right, whether existing or future, and whether contingent or not, of a person to have any of the following issued to the person, whether or not on payment of any money or for any other consideration:
a share in a company (including a body to which section 1073C of the Act applies);
a debenture of a company (including a body to which section 1073C of the Act applies);
an interest in a registered scheme mentioned in regulations made under paragraph 1073A(1)(c) of the Act.
This Act’s bill:Explanatory statement
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