Replacement of Securities Certificates

Requirements

Before any replacement securities certificate is issued by registries or companies, they should refer to Section 1070D of the Corporations Act (reprinted next page) which outlines details which should be included in an application made by the securityholder.

Any replacement certificate issued must bear a notation that it replaces the certificate/s which have been declared lost as provided for in the ASX Listing Rules.

When a recent change of address has been received for a securityholder, companies and registries may wish to re-examine the change before issuing any replacement certificate.

In the case of a request by a company, the director or secretary should make the application on behalf of the company.

Refer: Form 10 "CERTIFICATE REPLACEMENT REQUEST - INDIVIDUAL & JOINT HOLDERS"

Refer: Form 10A "CERTIFICATE REPLACEMENT REQUEST - COMPANIES"

Refer: Form 10B "CERTIFICATE REPLACEMENT REQUEST - EXECUTOR/S OR ADMINISTRATOR/S"

For overseas holders, the Certificate Replacement Request forms include a statutory declaration format, as the Corporations Act has no jurisdiction outside Australia.

In addition to the requirements outlined in the Corporations Act a registry may also require an indemnity to be completed before issuing a replacement certificate.

It is therefore recommended that an indemnity clause be included in certificate replacement requests to ensure a standard industry format. It may also be necessary for a separate indemnity to be completed by a company requesting a replacement certificate.

Brokers Requests for Replacement Certificates

It is recommended that all companies and registries accept requests for replacement certificates completed by CHESS participant brokers (usually completed only by the owner of the securities) provided that the request is in the recommended format.

Refer: Form 12 "CERTIFICATE REPLACEMENT REQUEST - BROKERS"

This recommended format contains an indemnity clause, and must be completed by a partner or person authorised to sign indemnities on behalf of the broker firm or company.

The use of facsimile documentation is becoming more widely accepted, however there should be no substitute for an original document for the replacement of a lost certificate.

Generally the replacement certificate should be forwarded to the securityholder's registered address however, where appropriately requested to do so by a lodging agent (e.g. broker, solicitor, etc) consideration may be given for the certificate to be forwarded as requested.

Loss or Destruction of Certificates

For an extract of the relevant section of the Corporations Act Section 1070D, click here.

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