Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) When stock is to
be transferred by transmission in consequence of the death or bankruptcy or
insolvency of the registered holder or for any other lawful reason, otherwise
than by a transfer, the person to whom the stock is to be transmitted, or his
attorney or his duly authorised agent, may, in a form substantially complying
with the form approved by the registrar, copies of which may be obtained from
the registrar, apply to the registrar to be registered as the holder.
(2) An application for
transmission shall, if the registrar so requires, be supported by a statutory
declaration or other evidence satisfactory to the registrar verifying the
contents of that application.
(3) The registrar may
require the signature of a person who claims a transmission by virtue of his
appointment as executor, administrator or trustee to be verified to the
satisfaction of the registrar.
(4) The probate of the
will or letters of administration of the relevant estate or an office copy of
the relevant adjudication or order of sequestration or vesting order, as the
case requires, or any other document that authorises transmission under this
regulation, shall be produced to the registrar, if he so requires.
(5) The registrar may
require any document produced under this regulation to be left at the registry
at least 2 clear days before the transaction to which it relates is to be
dealt with under these regulations, and shall enter or cause to be entered
particulars of that document in the register.
(6) If the registrar
is satisfied that stock is registered in the name of a person whose property
is required by law to be placed in the hands of the Public Trustee, or of an
officer holding a corresponding position in any other State or any Territory
or the Commonwealth or of any other officer charged with the duty of
administering estates of deceased persons or missing persons or persons under
legal disability (other than bankruptcy or insolvency), the registrar may
authorise transmission to the name of the Public Trustee, the officer holding
a corresponding position or that other officer, but before doing so the
registrar may require a sufficient indemnity from the Public Trustee, the
officer holding a corresponding position or that other officer.
[Regulation 29 amended in Gazette
10 Nov 1998 p. 6164‑5.]