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CORPORATIONS ACT 2001 No. 50, 2001 - SECT 954C
Effect of using a transfer delivery service
If:
- (a)
- under a guaranteed securities loan, or under a replacement agreement
in relation to a guaranteed securities loan that has been novated, a person or
partnership is obliged to transfer securities of a particular kind to, or as
directed by, another person or partnership; and
- (b)
- for the purpose of wholly or partly discharging the obligation, the
first-mentioned person or partnership:
- (i)
- elects, in accordance with the transfer delivery service provisions of a
settlement authority, to bring about a transfer of a particular number of
securities of that kind to, or as directed by, the other person or partnership
by the means provided for in those provisions; and
- (ii)
- for the purpose of so bringing about that transfer, transfers that number
of securities of that kind to the TDS nominee;
then, for the purposes of the application of this Division in relation to the
guaranteed securities loan, the obligations of the first-mentioned person or
partnership to transfer securities under the loan are taken to be discharged,
to the extent of that number of securities of that kind, by the transfer of
securities to the TDS nominee.
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