Australian Capital Territory Repealed Acts

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This legislation has been repealed.

INSTRUMENTS ACT 1933 (REPEALED) - SECT 27

Right of mortgagor if mortgagee in possession

Any mortgage of stock that is made genuinely and for valuable consideration, and the names of the parties to which and the particulars of which are duly registered within 30 days after the date of the mortgage in the office of the registrar-general shall be valid in the law to all intents and purposes whether the money secured by the mortgage is payable presently or not, and notwithstanding that the mortgaged stock are not delivered over to the mortgagee but remain and continue in every respect, as before, in the possession, order, and disposition of the mortgagor.

Note 1     A fee may be determined under s 37 (Determination of fees) for registration under this section of stock.

Note 2     If a form is approved under s 38 (Approved forms) for registration of a mortgage of stock under this section, the form must be used.



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