MARKETABLE SECURITIES TRANSFER.

25
1970.] Marketable Securities Transfer. [No. 86. MARKETABLE SECURITIES TRANSFER. No. 86 of 1970. AN ACT to make provision with respect to Instru- ments of Transfer of certain Marketable Securities and for incidental and other pur- poses. [Assented to 30th November, 1970.] B E it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:— 1. (1) This Act may be cited as the Marketable Securities Transfer Act, 1970. (2) This Act shall come into operation on a date to be fixed by proclamation. Short title and com- mencement.

Transcript of MARKETABLE SECURITIES TRANSFER.

1970.] Marketable Securities Transfer. [No. 86.

MARKETABLE SECURITIES

TRANSFER.

No. 86 of 1970.

AN ACT to make provision with respect to Instru-ments of Transfer of certain MarketableSecurities and for incidental and other pur-poses.

[Assented to 30th November, 1970.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent

of the Legislative Council and the LegislativeAssembly of Western Australia, in this presentParliament assembled, and by the authority of thesame, as follows:—

1. (1) This Act may be cited as the MarketableSecurities Transfer Act, 1970.

(2) This Act shall come into operation on a dateto be fixed by proclamation.

Short titleand com-mencement.

Repeal and'setup.

No. 86.] Marketable Securities Transfer. [1970.

2. (1) The Marketable Securities Transfer Act,1966-1967 is hereby repealed.

(2) Without prejudice to the operation of theInterpretation Act, 1918-

(a) a prescribed instrument under the Market-able Securities Transfer Act, 1966-1967 thatwas duly completed before the coming intooperation of this Act has the same effectand may be used and dealt with as if thatAct had not been repealed;

(b) an agreement, warranty or indemnitydeemed by the Marketable SecuritiesTransfer Act, 1966-1967 to have been madeor given by a person shall continue tooperate and has the same force and effectas if that Act had not been repealed.

Interpreta-tion. 3. (1) In this Act unless the contrary intention

appears

"authorized trustee corporation" means a bodycorporate that is under the regulations anauthorized trustee corporation;

"beneficial owner" in relation to a marketablesecurity or a right to a marketable security,means a person for whom an authorizedtrustee corporation is holding the securityor right in trust in the ordinary course ofits business;

"broker" means a person who is a dealer withinthe meaning of Part IVA of the Stamp Act,1921;

"corresponding law" means a law in force inanother State or in a Territory of theCommonwealth the provisions of whichcorrespond generally to the provisions ofthis Act that is under the regulations acorresponding law and includes regulationsin force under that law;

1970.] Marketable Securities Transfer. [No. 86.

"legal representative" means the executor,original or by representation of a will, oradministrator of the estate of a deceasedperson;

"marketable security" means

(a) a share in, or a debenture of, acompany or prescribed corporation;or

(b) a prescribed security;

"prescribed corporation" means

(a) a body corporate incorporated in theState not being a company; or

(b) an unincorporated society, associa-tion or other body formed or estab-lished in the State any shares in, ordebentures of, which are quoted onor in respect of which permission tolist has been granted by a prescribedstock exchange,

that is under the regulations a prescribedcorporation;

"prescribed security" means an interest towhich Division 5 of Part IV of the Com-panies Act, 1961 applies that is under theregulations a prescribed security or that isone of a class of such interests that areunder the regulations prescribed securities;

"prescribed stock exchange" means a stockexchange in the State that is under theregulations a prescribed stock exchange;

"right to a marketable security" means a rightwhether existing or future, and whethercontingent or not, of a person to haveissued to him a marketable securitywhether or not on payment of any moneyor for any other consideration;

"transfer" in relation to a right to a market-able security, means the renunciation andtransfer of that right.

No. 86.] Marketable Securities Transfer. [1970.

(2) Subject to subsection (1) of this section andunless the contrary intention appears, words andexpressions used in this Act that are defined bysection 5 of the Companies Act, 1961, have the samerespective meanings as they have in that Act.

(3) A reference in this Act to a form by numberis a reference to the form so numbered in theSchedule to this Act or to a form to the like effect.

(4) A reference in a Form in the Schedule tothis Act to the full name of the transferor ofmarketable securities or rights to marketablesecurities includes a reference to the name of theperson shown in the records of the company orprescribed corporation that issued those securitiesor rights as the holder of those securities or rights.

Sufficientinstrumentof transfer.

Transfers ofmarketablesecurities.

4. A document that is a sufficient instrumentof transfer under this Act may be used

(a) where it relates to a transfer of marketablesecurities, as a proper instrument of trans-fer for the purposes of section 95 of theCompanies Act, 1961, and as an instrumentof transfer for the purposes of any otherlaw or instrument governing or relating tothose securities; and

(b) where it relates to a transfer of rights tomarketable securities, as an instrument oftransfer of those rights for the purposesof any law or instrument governing orrelating to those rights or securities.

5. (1) A document is a sufficient instrument oftransfer of marketable securities if

(a) it is an instrument relating to thosemarketable securities duly completed inaccordance with or to the effect of-

(i) Form One; or(ii) Part 1 of Form One and Parts 1 and 2

of Form Two; or(iii) Part 1 of Form One and Parts 1 and

2 of Form Three; and

1970.] Marketable Securities Transfer. [No. 86.

(b) where the document relates to marketablesecurities on which there is an uncalledliability (not being marketable securitiesthat are partly paid shares in a no-liabilitycompany), the transferee's acceptance ofthe marketable securities duly completed inaccordance with or to the effect of FormFour is included in or attached to theinstrument referred to in paragraph (a) ofthis subsection.

(2) A document is a sufficient instrument oftransfer of rights to marketable securities if

(a) it is an instrument relating to those rightsduly completed in accordance with or tothe effect of-

(i) Form Five;

(ii) Part 1 of Form Five and Parts 1 and2 of Form Six; or

(iii) Part 1 of Form Five and Parts 1 and2 of Form Seven; and

(b) where the document relates to rights tomarketable securities (not being market-able securities that are shares in a no-liability company) for which the whole ofthe moneys to be subscribed is not payablein full on application being made for them,the transferee's acceptance of the securitiesduly completed in accordance with or tothe effect of Form Four is included in orattached to the instrument referred to inparagraph (a) of this subsection.

(3) For the purposes of this section an instrumentis not duly completed in accordance with or to theeffect of Form One, Two, Three, Five, Six or Sevenor a part of one of those forms unless

(a) where the form or part refers to the nameand address of the transferee, the instru-ment purports to state that name andaddress;

Transfers byauthorizedtrustee cor-poration.

No. 86.] Marketable Securities Transfer. [1970.

(b) where the form or part refers to the stampof the transferor's broker, the instrumentbears a stamp that purports to be such astamp;

(c) where the form or part refers to the stampof the transferee's broker, the instrumentbears a stamp that purports to be such astamp; and

(d) where the form or part refers to a stockexchange stamp the instrument bears astamp that purports to be a stamp of aprescribed stock exchange or of a prescribedstock exchange under a corresponding law.

6. (1) In respect of the transfer of marketablesecurities by an authorized trustee corporation tothe beneficial owner of those marketable securities,being a transfer that is not made by way of a sale,gift or exchange of the marketable securities, adocument is a sufficient instrument of transfer if

(a) it is an instrument relating to thosemarketable securities duly completed inaccordance with or to the effect of FormEight; and

(b) where the document relates to marketablesecurities on which there is an uncalledliability (not being marketable securitiesthat are partly paid shares in a no-liabilitycompany), the transferee's acceptance ofthe marketable securities duly completedin accordance with or to the effect of FormNine is included in or attached to theinstrument referred to in paragraph (a) ofthis subsection.

(2) In respect of the transfer of rights to market-able securities by an authorized trustee corporationin favour of the beneficial owner of those rights,being a transfer that is not made by way of a sale,gift or exchange of the rights, a document is asufficient instrument of transfer if

(a) it is an instrument relating to those rightsduly completed in accordance with or to theeffect of Form Ten; and

1970.] Marketable Securities Transfer. [No. 86.

(b) where the document relates to rights tomarketable securities (not being market-able securities that are shares in a no-liability company) for which the whole ofthe moneys to be subscribed is not payablein full on application being made for them,the transferee's acceptance of the rightsduly completed in accordance with or tothe effect of Form Eleven is included in orattached to the instrument referred to inparagraph (a) of this subsection.

7. (1) Where marketable securities in a company Effect 5executton ofor prescribed corporation are transferred by means instrumentof a sufficient instrument of transfer under this Act, of transfer.

the transferee shall be deemed to have agreed atthe relevant time to accept the marketable securitiessubject to the several terms and conditions onwhich the transferor held them at that time, beingthe terms and conditions applicable as between thecompany or prescribed corporation and the holderfor the time being of the marketable securities.

(2) Where rights to marketable securities in acompany or prescribed corporation, for which thewhole of the moneys to be subscribed is payable infull on application being made for them, are trans-ferred by means of a sufficient instrument oftransfer under this Act, the transferee shall bedeemed

(a) to have made application at the relevanttime to the company or prescribed corpora-tion for the allotment to him of the market-able securities; and

(b) to have agreed at the relevant time toaccept the marketable securities subject tothe terms and conditions upon which theyare offered by the company or prescribedcorporation for subscription.

(3) Where marketable securities that are sharesin a company or prescribed corporation aretransferred by means of a sufficient instrument of

No. 86.] Marketable Securities Transfer. [1970.

transfer under this Act, the transferee shall bedeemed to have agreed at the relevant time

(a) to become a member of the company orprescribed corporation; and

(b) to be bound by the memorandum andarticles or by the constitution of the com-pany or prescribed corporation.

(4) In this section "the relevant time" meansin relation to

(a) a sufficient instrument of transfer undersection 5 of this Act, the time of the affixingof a stamp that purports to be that of thetransferee's broker; and

(b) a sufficient instrument of transfer undersection 6 of this Act, the time of executionby the transferor.

Effect ofstamp oftransferor'sbroker onsufficientinstrumentof transfer.

8. (1) Where a duly completed instrument oftransfer bears a stamp that purports to be that ofthe transferor's broker, a prescribed stock exchangeor a prescribed stock exchange under a correspond-ing law, and to have been affixed in the State, thebroker (not being a broker's agent) or stockexchange whose stamp that stamp purports to beand, if the stamp purports to be that of thetransferor's broker (whether or not he is a broker'sagent), an associate of that broker

(a) shall be deemed to have warranted theaccuracy of the statements in his or itscertificate set out in the instrument;

(b) shall be deemed to have warranted that thetransferor is the registered holder of or isentitled to be registered as the holder ofthe marketable securities to which theinstrument relates or is entitled to therights to marketable securities to which theinstrument relates and is legally entitledor authorized to sell or dispose of thosemarketable securities or rights; and

1970.] Marketable Securities Transfer. [No. 86.

(c) shall be liable to indemnify-

(i) the company, prescribed corporation,foreign company or prescribed cor-poration under the correspondinglaw that has issued or proposes toissue the marketable securities orrights to marketable securities towhich the instrument relates;

(ii) the transferee; and

(iii) the transferee's broker,

against any loss or damage arising froma forged or unauthorized signature ofthe transferor appearing in the instrument.

(2) Without limiting the operation of subsection(1) of this section, where a duly completedinstrument of transfer, which bears a stamp thatpurports to be that of the transferor's broker andto have been affixed in the State, relates tomarketable securities or rights to marketablesecurities to which, or to any of which, a dulycompleted instrument of transfer, which bears astamp that purports to be that of a prescribedstock exchange or a prescribed stock exchangeunder a corresponding law relates, the broker (notbeing a broker's agent) whose stamp that firstmentioned stamp purports to be and (whether ornot that broker is a broker's agent) an associate ofthat broker shall be liable to indemnify that stockexchange against any loss or damage arising froma forged or unauthorized signature of the transferorappearing in the instrument.

(3) A reference in subsection (1) or (2) of thissection

(a) to a duly completed instrument of transferis a reference to an instrument-

(i) that is in accordance with or to theeffect of Part 1 of Form One, Two,Three, Five, Six or Seven and thathas been duly completed within themeaning of section 5 of this Act; or

No. 86.] Marketable Securities Transfer. [1970.

(ii) that is in accordance with or to theeffect of a like part of a like Formunder a corresponding law and thathas been duly completed within themeaning of a provision of thatcorresponding law that correspondsto section 5 of this Act; and

(b) to an associate of a broker is a reference-(i) where the broker whose stamp the

stamp on the instrument purportsto be is a member of a firm ofbrokers and is not a broker's agent—to each other member of thatfirm; and

(ii) where the broker whose stamp thestamp on the instrument purportsto be is a broker's agent, to thebroker for whom he is a broker'sagent and, if the broker for whom heis a broker's agent is a member of afirm of brokers, to each othermember of that firm.

(4) In this section"broker's agent" means a broker's agent

within the meaning of Part IVA of theStamp Act, 1921;

"marketable security" in relation to a dulycompleted instrument of transfer under acorresponding law, means a marketablesecurity within the meaning of thecorresponding law;

"right to a marketable security" in relation toa duly completed instrument of transferunder a corresponding law, means a rightto a marketable security within themeaning of the corresponding law.

Registra-tion bycompany ofsufficientInstrumentof transfer.

9. (1) A company or prescribed corporationwith which a sufficient instrument of transferunder section 5 of this Act is lodged for the purposeof registering a transfer of marketable securities

1970.] Marketable Securities Transfer. [No. 86.

or obtaining the allotment of marketable securities,is and its officers are, in the absence of knowledgeto the contrary, entitled to assume withoutinquiry

(a) that a stamp upon the instrument whichpurports to be the stamp of the trans-feree's broker is the stamp of that broker;

(b) that a stamp upon the instrument whichpurports to be the stamp of the transferor'sbroker is the stamp of that broker; and

(c) that a stamp upon the instrument whichpurports to be the stamp of a prescribedstock exchange or a prescribed stockexchange under a corresponding law is thestamp of that stock exchange.

(2) A company or prescribed corporation withwhich a sufficient instrument of transfer undersection 6 of this Act is lodged for the purpose ofregistering a transfer of marketable securities orobtaining the allotment of marketable securities, isand its officers are, in the absence of knowledgeto the contrary, entitled to assume without inquirythat

(a) at the time of the execution of the instru-ment, the authorized trustee corporationnamed in the instrument was holding themarketable securities or the rights to themarketable securities in the ordinary courseof its business in trust for or on behalf ofthe transferee; and

(b) the transfer was not made by way of asale, gift or exchange of the marketablesecurities or rights.

10. (1) This Act applies and has effect in rela- gretiOntion to the transfer of marketable securities andto the transfer of rights to marketable securities,notwithstanding anything to the contrary in anyother enactment or in any instrument relating tothe transfer of the securities or the transfer of therights.

No. 86.] Marketable Securities Transfer. [1970.

(2) Except as provided in this Act, this Act doesnot affect the terms and conditions on whichmarketable securities or rights to marketable securi-ties are sold.

(3) Nothing in this Act affects any right of acompany or prescribed corporation to refuse toacknowledge or register a person as the holder ofmarketable securities or to allot marketablesecurities to a person on any ground other thanan objection to the form of an instrument lodgedwith the company or prescribed corporation relatingto the transfer of the marketable securities or ofrights to the marketable securities.

(4) The registration of a transfer of a marketablesecurity or the allotment of a marketable securitypursuant to a sufficient instrument of transferunder this Act does not constitute a breach of anyprovision of any memorandum or articles or of atrust deed or other instrument or an enactmentthat relates to marketable securities.

(5) This Act does not prevent or affect the useof any other form of transfer of marketable securi-ties or form of transfer of rights to marketablesecurities, as the case may be, or mode of executionof an instrument of transfer of marketable securitiesor mode of execution of an instrument of transferof rights to marketable securities that is otherwisepermitted by law.

(6) A transfer of marketable securities or of rightsto marketable securities by or to a trustee or legalrepresentative may, notwithstanding any law or theprovisions of the instrument, if any, creating orhaving effect in relation to the trust or will underwhich he is appointed trustee or legal representative,be effected by means of a sufficient instrument oftransfer under this Act.

Omission

frreojtiter ofcertainmatters.

11. The omission from any register, certificateor other document relating to marketable securitiesof a statement of the occupation of the person whois, or is entitled to be, registered as the holder of

1970. Marketable Securities Transfer. [No. 86.

the marketable securities does not constitute abreach of any provision of any memorandum orarticles or of a trust deed or other instrument oran enactment that relates to the marketablesecurities.

12. Notwithstanding anything contained in the aeeed,memorandum or articles of a company or prescribed friattenffiget';'

corporation or in the terms or conditions upon 1cjgetge'Al;ii,

which marketable securities or rights to marketable matters'securities in a company or prescribed corporationare created or issued it shall not be necessary inany instrument of transfer of marketable securitiesor of rights to marketable securities to state theoccupation of the transferee or transferor or to havethe signature of the transferee or transferor wit-nessed.

13. (1) A broker shall not in the State affix a offence°•

broker's stamp to an instrument that may be usedas a sufficient instrument of transfer under thisAct or under a corresponding law unless the instru-ment relates to a sale or purchase made in theordinary course of business of the broker for aconsideration of not less than the unencumberedmarket value (at the time of the sale or purchase)of the marketable securities or rights to market-able securities to which the instrument relates.

Penalty: One thousand dollars.

(2) A prescribed stock exchange or a prescribedstock exchange under a corresponding law shall notin the State affix a stock exchange stamp to aninstrument that may be used as a sufficientinstrument of transfer under this Act or under acorresponding law unless

(a) there has been lodged; or(b) the stock exchange holds a duly completed

instrument of transfer bearing a certificatewhich purports to be that of the trans-feror's broker that there has been or willbe lodged

with the company or prescribed corporation thathas issued or proposes to issue the marketable

No. 86.] Marketable Securities Transfer. [1970.

securities or rights to marketable securities towhich that first mentioned instrument relates aduly completed instrument of transfer relating tothose marketable securities or rights.

Penalty: One thousand dollars.

(3) An authorized trustee corporation shall notin the State execute an instrument that may beused as a sufficient instrument of transfer undersection 6 of this Act or under a like provision ofa corresponding law if the instrument relates toa transfer of marketable securities or of rights tomarketable securities

(a) made by way of a sale, gift or exchangeof the marketable securities or rights; or

(b) to or in favour of a person who is not thebeneficial owner of the marketable securi-ties or rights.

Penalty: One thousand dollars.

(4) A person other than an authorized trusteecorporation shall not in the State knowingly cause,authorize or permit to be executed an instrumentthat may be used as a sufficient instrument oftransfer under section 6 of this Act or under a likeprovision of a corresponding law if it is not asufficient instrument of transfer within the mean-ing of that section or provision as the case may be,

Penalty: One thousand dollars.

(5) A person shall not knowingly lodge or causeto be lodged with a company or prescribed corpora-tion an instrument to which a stamp has beenaffixed in contravention of subsection (1) or (2)of this section or which has been executed incontravention of subsection (3) of this section, forthe purpose of securing the registration of thetransfer of marketable securities or the allotmentof marketable securities to the transferee namedtherein.

Penalty: One thousand dollars.

1970.] Marketable Securities Transfer. [No. 86.

(6) In this section

"beneficial owner" in relation to a sufficientinstrument of transfer under a correspond-ing law, means a beneficial owner withinthe meaning of the corresponding law;

"marketable security" in relation to a dulycompleted instrument of transfer under acorresponding law, means a marketablesecurity within the meaning of thecorresponding law;

"right to a marketable security" in relation toa duly completed instrument of transferunder a corresponding law, means a rightto a marketable security within themeaning of the corresponding law.

(7) A reference in this section to a duly com-pleted instrument of transfer is a reference to aninstrument

(a) that is in accordance with or to the effectof Part 1 of Form One, Two, Three, Five,Six or Seven and which has been dulycompleted within the meaning of section 5of this Act; or

(b) that is in accordance with or to the effectof a like part of a like form under acorresponding law and has been dulycompleted within the meaning of a provi-sion of that corresponding law whichcorresponds to section 5 of this Act.

14. (1) The Governor may make regulations for Regulations.

or with respect to

(a) prescribing bodies corporate as authorizedtrustee corporations;

(b) prescribing a law in force in another Stateor in a Territory of the Commonwealth theprovisions of which correspond generally tothe provisions of this Act as a correspond-ing law;

No. 86.] Marketable Securities Transfer. [1970.

(c) prescribing interests to which, or interestsof a class to which, Division 5 of Part IVof the Companies Act, 1961, applies asprescribed securities;

(d) prescribing stock exchanges in the Stateas prescribed stock exchanges;

(e) prescribing any matter or thing that isrequired, necessary or expedient to be pre-scribed or provided for the purposes of thisAct and without limiting the generality ofthe foregoing providing for a penalty notexceding two hundred dollars for a breachof, or non-compliance with, a provision ofthe regulations.

(2) The regulations shall not prescribe a bodycorporate as an authorized trustee corporationunless it is a body corporate that in the opinion ofthe Minister holds in the ordinary course of itsbusiness marketable securities for or on behalf ofanother person.

1970.] Marketable Securities Transfer. [No. 86.

The Schedule

FORM ONE(s. 5

Security Transfer Form Marking Stamp

Part 1—Full Name of Company or

Prescribed Corporation

Description of Securities . Class. If not fully paid, paid to Register

Transferor's Broker hereby certi-fies :—

(i) As to the Validity ofDocuments.

(ii) That Stamp Duty (ifpayable) has been orwill be paid.

(Transferor's Broker's Stamp)

Affixed at

(place and date of affixingstamp)

I (or We) hereby transfer the above securities to the transferee(s) named in Part 2hereof or to the several transferees named in Part 2 of Broker's Transfer Form(s) or in SplitTransfer Form(s) relating to the above securities.

*I (or We) have no notice of revocation of the power of attorney under which this trans&is signed.Transferor(s) sign here

Dates signed

Part 2—

Transfer Identification Num-ber

Full Name(s) of Transferor(s)

Words I Figures

Full Name(s) and Address(es)of Transferee(s)

Transferee's Broker hereby certi-fies :—

(i) That the securities setout in Part 1 above,having been purchasedin the ordinary courseof business are to beregistered in the name(s)of the transferee(s)named in this Part.

(ii) That Stamp Duty (if pay-able) has been or will bepaid

and hereby requests that suchentries be made in the registeras are necessary to giveeffect to this transfer.

(Transferee's Broker's Stamp)

Date of affixing stamp.

* Delete if not applicable.

No. 86.] Marketable Securities Transfer. [1970.

The Schedule—continued

FORM TWO[a. 5

Broker's Transfer Form Marking Stamp

Part 1—Full Name of Company or

Prescribed Corporation ....

Description of Securities .... Class. If not fully paid, paid to Register

Quantity Words Figures

Transfer Identification Transferor's Broker hereby cer-Number tifies :—

(i) That the Security Trans-fer Form relating to thesecurities set out abovehas been or will belodged at the company'sor corporation's office.

Full Name(s) of Trans-feror(s)

(ii) That Stamp Duty (ifpayable) has been orwill be paid.

(Transferor's Broker's Stamp)

Affixed at on (place and date of affixing stamp)

Part 2—

Full Name(s) and Address(es)of Transferee(s)

Transferee's Broker hereby cer-tifies s-

(i) That the securities setout in Part 1 abovehaving been purchasedin the ordinary courseof business are to beregistered in the name(s)of the transferee(s) namedin this Part.

(ii) That Stamp Duty (ifpayable) has been erwill be paid

and hereby requests that suchentries be made in the registeras are necessary to give effectto this transfer.

(Transferee's Broker's Stamp)

Date of affixing stamp

1970.] Marketable Securities Transfer. [No. 86.

The Schedule—continued

FORM THREE

Split Transfer Form Marking Stamp

Part 1Full Name of Company or Pre-

scribed Corporation .... ....

Description of Securities .... Class. If not fully paid,paid to

Register

Quantity .... .... Words Figures

Transfer Identification Number 1 Thet Stock Exchange

hereby certifies :-That the Security Transfer

Full Name(s) of Transferor(s) .... Form or the Broker'sTransfer Form relatingto the securities set outabove has been or will belodged at the company'sor corporation's office

(Stock Exchange Stamp)

Affixed at on (place and date of affixing

stamp)

Part 2Transferee's Broker hereby cer-

tifies :—Full Name(s) and Address(es) of I (i) That the securities set

Transferee(s) ... .... .... out in Part 1 abovehaving been purchasedin the ordinary courseof business are to beregistered in thename(s) of the trans-feree(s) named in thisPart.

(ii) That Stamp Duty (ifpayable) has been orwill be paid

and hereby requests thatsuch entries be made in theregister as are necessary togive effect to this transfer.

(Transferee's Broker's Stamp)

Date of affixing stamp

Insert name of prescribed stock exchange.

No. 86.] Marketable Securities Transfer. [1970.

The Schedule—continued

FORM FOUR[s. 5

Transferee's Acceptance

For completion

(a) by transferee(s) of securities with an uncalled liability (not being partly paid sharesin a no-liability company) ; or

(b) by transferee(s) of rights where the whole of the moneys to be subscribed for market-able securities to which the rights relate is not payable in full on application and thesecurities are not shares in a no-liability company.

To (Name of company or prescribed corporation whose securities are involved)

I (or We)

of

being the transferee(s) of

(Quantity and Description of secvaities or rights)

in the above-named company or corporation, comprised in the

(Number)

instrument(s) of transfer (or renunciation and transfer) attached in respect of which there

is an uncalled liability of per security (afterpayment of application moneys, if any) and being the person(s) named as transferee(s) inthe security transfer form broker's transfer form or Split Transfer Form (or SecurityRenunciation and Transfer Form, Broker's Renunciation and Transfer Form or Renun-ciation and Split Transfer Form) relating to those securities (or rights), and having attainedthe age of twenty-one years, HEREBY AGREE

(a) to accept the said securities subject to the several terms and conditions uponwhich :—

* the transferor(s) held them at the time of the transfer thereof by the trans-feror(s) to me (or us).

* the securities were offered by the company or corporation for subscription ;and

(b) to become a member (or members) of the company or corporation and to be boundby the memorandum and articles or by the constitution of the company or corpora-tion upon being registered as the holder(s) of the securities.

* I (or We) have no notice of revocation of the Power of Attorney under which thisinstrument is signed.

Signature(s) of Transferee(s)

Dated the

day of 19

* Delete if not applicable.

Description of Rights Register

Part 1—Full Name of Company or

Prescribed Corporation ....

Transferor's Broker hereby certi-fies :—

(i) As to the Validity ofDocuments

(ii) That Stamp Duty (ifpayable) has been orwill be paid.

(Transferor's Broker's Stamp)

Affixed at on (place and date of affixing

stamp)

Words Figures

Transfer Identification Num-her

Full Name(s) of Transferor(s)

1970.] Marketable Securities Transfer. [No. 86.

The Schedule—coontinurd

FORM FIVE

Security Renunciation and Transfer Form Marking Stamp

I (o t We) hereby renounce and transfer the above rights in favour of the transferee(s)named in Part 2 hereof or to the several transferee(s) named in Part 2 of the Broker's Re-nunciation and Transfer Form(s) or Renunciation and Split Transfer Form(s) relating tothe above rights.

* I (or We) have no notice of revocation of the power of attorney under which thisrenunciation and transfer is signed.Transferor(s) sign here

Date signed . .

Full Name(s) and Address(es)of Transferee(s) .

Transferee's Broker hereby certi-fies :-

(1) That the rights set outin Part 1 above havingbeen purchased in theordinary course ofbusiness the marketablesecurities to which therights relate am to beallotted to the trans-feree(s) named in thisPart.

(ii) That Stamp Duty (ifpayable) has been orwill be paid

and hereby requests that themarketable securities beallotted by the company orcorporation to the transferee(s)and such entries be made inthe register as are necessaryto give effect to this renuncia-tion and transfer.

(Transferee's Broker's Stamp)

Part 2--

Date of affixing stamp

* Delete if not applicable.

No. 86.] Marketable Securities Transfer. [1970.

The Schedule—continued

FORM EIGHT[s. 6

Trustee Transfer Form Marking Stamp

Part 1Full Name of Company or

Prescribed Corporation ....

Description of Securities .... Class If notfully paidpaid to

Register

Quantity .... .... .... Words Figures

Transfer Identification Num-ber (where appropriate)....

Full Name of Transferor (Authorized trustee cor-poration) .

Part 2— Transferor hereby certifies thatFull Name(s) and Address(es) the securities set out in

of Transferee(s) Part 1 above are to beregistered in the name(s) ofthe transferee(s) named inthis Part being the person(s)for or on whose behalf thetransferor held them in theordinary course of businessimmediately before the execu-tion of this transfer, andhereby requests that suchentries be made in the registeras are necessary to giveeffect to this transfer.

The transferor, being an authorized trustee corporation, hereby transfers the abovesecurities out of the name in Part 1 hereof to the transferee(s) named in Part 2 hereof.

Execution by the Transferor.

Date of execution / 7

1970.] Marketable Securities Transfer. [No. 86.

The Schedule—continued

FORM NINE[s. 6

Transferee's Acceptance

For completionby transferee(s) of securities with an uncalled liability (not being partly paid shares

in a no-liability company) where the securities are transferred by an authorizedtrustee corporation to the person(s) for or on whose behalf it hold them in theordinary course of its business immediately before the execution of this transfer.

To (Name of company or prescribed corporation whose securities are involved)

I (or We)

of..

being the transferee(s) of

(Quantity and Description of securities)

(comprised in the instrument(s) of transfer attached)(Number)

each paid to in the abovenamed company or corporation andbeing the person(s) named as the transferee(s) in the Trustee Transfer Form relating to thosesecurities and having attained the age of twenty-one years HEREBY AGREE to acceptthe said securities subject to the several terms and conditions on which the transferor heldthem at the time of the transfer of the said securities by the transferor to me (or us) andfurther agree to become a member (or members) of the company or corporation and to bebound by the memorandum and articles or by the constitution of the company or corporationupon being registered as the holder(s) of the securities.

Signature(s) of Transferee(s)

Dated the day of 19

No. 86.] Marketable Securities Transfer. [1970.

The Schedule—continued

FORM TEN[s. 6

Trustee Renunciation and Transfer Form

lion Name of Company orPart I-

Prescribed Corporation ....

Description of Rights .... Register

Quantity .... ... ... Words Figures

Transfer Identification Num-ber (where appropriate)....

Full Name of Transferor (Authorized trustee cor-poration) .

Part 2—Full Name(s) and Address(es) Transferor hereby certifies that

of Transferee(s) the rights set out in Part 1above, having been transferredto the person(s) for or onwhose behalf the transferorheld them in the ordinarycourse of business immediatelybefore the transfer, themarketable securities to whichthe rights relate are to beallotted to the transferee(s)named in this Part and herebyrequests that the marketable

State securities be allotted by thecompany or corporation tcthe transforee(s) and suchentries be made in the registeras are necessary to give effectto this renunciation andtransfer.

The transferor, being an authorized trustee corporation, hereby renounces and transfersthe above rights in favour of the transferee(s) named in Part 2 hereof.

Execution by the Transferor.

Date of execution / /

1970.] Marketable Securities Transfer. [No. 86.

The Schedule—continued

FORM ELEVEN[s. 6

Transferee's AcceptanceFor completion

by persons to whom rights are transferred by authorized trustee corporation wherewhole of moneys to be subscribed for marketable securities to which rights relateis not payable in full on application and the securities are not shares in a no-liability company and the rights were held for or on behalf of the person(s) bythe authorized trustee corporation.

To (Name of company or prescribed corporation whose securities are involved)

I (or We)

of

being the transferee(s) of.. (Quantity) (Description of Rights)

(comprised in the

instrument(s) of renunciation and transfer attached)(Number)

to marketable securities in respect of which there is an uncalled liability of perunit (after the payment of application moneys, if any) and being the person(s) named astransferee(s) in the Trustee Renunciation and Transfer Form and having attained the ageof twenty-one years HEREBY AGREE to accept the marketable securities to which therights relate subject to the several terms and conditions upon which the marketable securitieswere offered by the company or corporation for subscription and I (or we) hereby agree tobecome a member (or members) of the company or corporation and to be bound by thememorandum and articles or by the constitution of the company or corporation upon beingregistered as the holder(s) of the marketable securities.

Signature(s) of Transferee(s)

Dated the day of 19