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Stock Transfer Act 1963
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- 1963 c. 18
- Section 2
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Version Superseded: 01/08/1995
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- 01/02/1991- Amendment
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- 06/04/2008- Amendment
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2 Supplementary provisions as to simplified transfer.U.K.
(1)Section 1 of this Act shall have effect in relation to the transfer of any securities to which that section applies notwithstanding anything to the contrary in any enactment or instrument relating to the transfer of those securities; but nothing in that section affects—
(a)any right to refuse to register a person as the holder of any securities on any ground other than the form in which those securities purport to be transferred to him: or
(b)any enactment or rule of law regulating the execution of documents by companies or other bodies corporate, or any articles of association or other instrument regulating the execution of documents by any particular company or body corporate.
(2)Subject to the provisions of this section, any enactment or instrument relating to the transfer of securities to which section 1 of this Act applies shall, with any necessary modifications, apply in relation to an instrument of transfer authorised by that section as it applies in relation to an instrument of transfer to which it applies apart from this subsection; and without prejudice to the generality of the foregoing provision, the reference in [F1section 184 of the Companies Act 1985] (certification of transfers) to any instrument of transfer shall be construed as including a reference to a brokers transfer.
(3)In relation to the transfer of securities by means of a stock transfer and a brokers transfer—
(a)any reference in any enactment or instrument (including in particular [F1section 183(1) and (2) of the Companies Act 1985] . . . F2) to the delivery or lodging of an instrument (or proper instrument) of transfer shall be construed as a reference to the delivery or lodging of the stock transfer and the brokers transfer;
(b)any such reference to the date on which an instrument of transfer is delivered or lodged shall be construed as a reference to the date by which the later of those transfers to be delivered or lodged has been delivered or lodged; and
(c)subject to the foregoing provisions of this subsection, the brokers transfer (and not the stock transfer ) shall be deemed to be the conveyance or transfer for the purposes of the enactments related to stamp duty.
(4)Without prejudice to subsection (1) of this section, section 1 of this Act shall have effect, in its application to Scotland, notwithstanding anything to the contrary in any enactment relating to the execution of instruments or the validity of instruments delivered with particulars left blank; but so much of subsection (2) of that section as provides that the execution of a stock transfer need not be attested shall not apply to a transfer executed in accordance with section 18 of the M1Conveyancing (Scotland) Act 1924 on behalf of a person who is blind or unable to write.
Textual Amendments
F1Words substituted by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), ss. 21, 23, 30, 31(8), Sch. 2
F2Words repealed by Finance Act 1990 (c. 29, SIF 114), s. 132, Sch. 19 Pt. VI (subject to the provisions at the end of that Part)
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