Duties Act evidentiary requirements: Section 151

Sec 151

How may an interest be “acquired”?

Document evidencing any of the following events:

1. the purchase, gift or issue of a unit or share,
2. the cancellation, redemption or surrender of a unit or share,
3. the abrogation or alteration of a right for a unit or share,
4. the payment of an amount owing for a unit or share,
5. if the person holds an interest in the landholder (whether or not as trustee for another person) and the capacity in which the person holds the interest changes (including if there is a change in the beneficial ownership of an interest held by a person as trustee).

Generally, the documents are the following:

1. Agreement to transfer shares or units
2. Transfer of shares or units
3. Complete and updated (historical) share or unit register.

For the other events, the document maybe any of these:

4. Share or Unit Certificate
5. ASIC Documents
6. Minutes of Meeting or Resolution that discloses any of the events enumerated above
7. Deed or other documents evidencing the change in the capacity in which a person holds a unit or share in a landholder.