Western Australian Numbered Acts

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DUTIES ACT 2008 (NO. 11 OF 2008) - SECT 12

12 .         Vesting of property in Western Australia by statute law — section 11(1)(d)(i)

        (1)         Without limiting section 11(1)(d)(i), property is vested under statute law if the law vests the property in an entity that the law states is the successor in law of, continuation of or same entity as, the entity in which the property was previously vested.

        (2)         However, property is not vested under statute law on the registration of a company under the Corporations Act Chapter 5B Part 5B.

        (3)         The merger of a corporation ("company A") with and into another corporation ("company B") in circumstances where neither subsection (4) nor subsection (5) applies is taken to be a vesting of the property in Western Australia of company A in company B by statute law.

        (4)         A merger of corporations (the "merging corporations” ) in circumstances where another corporation ("company C") results as a consequence of the merger is taken to be a vesting of the property in Western Australia of the merging corporations in company C by statute law.

        (5)         A merger of corporations (the "merging corporations” ) with and into each other in circumstances where each of the merging corporations continues in existence is taken to be a vesting in the merging corporations, jointly, of 50% (in value) of the property in Western Australia of the merging corporations by statute law.



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