QLDIn ForceAct
Duties Act 2001
sec.194AExemption—marketable securities
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### sec.194A Exemption—marketable securities
Landholder duty is not imposed on a relevant acquisition that is a transfer, or agreement for the transfer, of a marketable security to or from a corporation if—
the corporation is—
a financial institution; or
a trustee company under the Trustee Companies Act 1968 ; or
a related body corporate of the corporation; or
a corporation of a class prescribed under a regulation; and
the corporation’s principal business is to hold property as trustee or nominee for another person; and
whichever of the following is relevant applies—
for a transfer to the corporation—
the property is to be held on trust solely for the transferor; and
the transfer is not part of an arrangement under which the security will be held on trust for another person;
for a transfer from the corporation—the transfer is a retransfer to the owner in the same capacity as the security was previously held by the owner.
s 194A ins 2006 No. 44 s 42
amd 2011 No. 20 s 111
- (a) the corporation is— (i) a financial institution; or (ii) a trustee company under the Trustee Companies Act 1968 ; or (iii) a related body corporate of the corporation; or (iv) a corporation of a class prescribed under a regulation; and
- (i) a financial institution; or
- (ii) a trustee company under the Trustee Companies Act 1968 ; or
- (iii) a related body corporate of the corporation; or
- (iv) a corporation of a class prescribed under a regulation; and
- (b) the corporation’s principal business is to hold property as trustee or nominee for another person; and
- (c) whichever of the following is relevant applies— (i) for a transfer to the corporation— (A) the property is to be held on trust solely for the transferor; and (B) the transfer is not part of an arrangement under which the security will be held on trust for another person; (ii) for a transfer from the corporation—the transfer is a retransfer to the owner in the same capacity as the security was previously held by the owner.
- (i) for a transfer to the corporation— (A) the property is to be held on trust solely for the transferor; and (B) the transfer is not part of an arrangement under which the security will be held on trust for another person;
- (A) the property is to be held on trust solely for the transferor; and
- (B) the transfer is not part of an arrangement under which the security will be held on trust for another person;
- (ii) for a transfer from the corporation—the transfer is a retransfer to the owner in the same capacity as the security was previously held by the owner.
- (i) a financial institution; or
- (ii) a trustee company under the Trustee Companies Act 1968 ; or
- (iii) a related body corporate of the corporation; or
- (iv) a corporation of a class prescribed under a regulation; and
- (i) for a transfer to the corporation— (A) the property is to be held on trust solely for the transferor; and (B) the transfer is not part of an arrangement under which the security will be held on trust for another person;
- (A) the property is to be held on trust solely for the transferor; and
- (B) the transfer is not part of an arrangement under which the security will be held on trust for another person;
- (ii) for a transfer from the corporation—the transfer is a retransfer to the owner in the same capacity as the security was previously held by the owner.
- (A) the property is to be held on trust solely for the transferor; and
- (B) the transfer is not part of an arrangement under which the security will be held on trust for another person;