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StatuteCorporations Act 2001

Section 1072D — Corporations Act 2001: Transmission of shares on mental incapacity (replaceable rule—see section 135)

Text of the provision Official document

(1) If a person entitled to shares because of the mental incapacity of a shareholder gives the directors the information they reasonably require to establish the person’s entitlement to be registered as the holder of the shares: (a) the person may: (i) by giving a written and signed notice to the company, elect to be registered as the holder of the shares; or (ii) by giving a completed transfer form to the company, transfer the shares to another person; and (b) the person is entitled, whether or not registered as the holder of the shares, to the same rights as the shareholder. (2) On receiving an election under subparagraph (1)(a)(i), the company must register the person as the holder of the shares. (3) A transfer under subparagraph (1)(a)(ii) is subject to the same rules (for example, about entitlement to transfer and registration of transfers) as apply to transfers generally.

Official source: Federal Register of Legislation

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Statutory text from an official public source. Informational content — does not replace advice from a qualified legal practitioner.