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s 857

Registration of property transferred under this part

In force
Chapter 12Industrial organisations and associated entities
Part 14Amalgamations and withdrawals
Division 5Miscellaneous

857 Registration of property transferred under this part

(1)

This section applies if—

(a)

property becomes the property of an amalgamated organisation (a transferee) because of an amalgamation; or

(b)

property of an amalgamated organisation becomes the property of a newly registered organisation (also a transferee) because of a withdrawal.

(2)

A certificate by an authorised person for a transferee is evidence of the property having become the transferee’s property if the certificate—

(a)

is signed by the person; and

(b)

identifies the property; and

(c)

states the property has, under this part, become the transferee’s property.

(3)

If the certificate is given to a person with registration functions for that kind of property under a law of the State, the person must do the following as if the certificate were an appropriate instrument of transfer of the property—

(a)

register the matter in the same way as transactions for property of that kind are registered;

(b)

deal with, and give effect to, the certificate.

Examples of a person with registration functions—

• the registrar of titles

• the Australian Securities and Investments Commission

(4)

Subsection (3) applies despite the Corporations Act, chapter 7, part 7.11.

(5)

A transfer of the property to the transferee may be registered or given effect to under the law of another State if—

(a)

the certificate is given to a person with functions for registration of property of that kind under the other State’s law; and

(b)

the person is permitted by law to do so.

(6)

In this section—

authorised person, for a transferee, means its secretary or a person with its management committee’s written authority.

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