Corporations Act 2001

CHAPTER 8 - MUTUAL RECOGNITION OF SECURITIES OFFERS  

PART 8.2 - FOREIGN OFFERS THAT ARE RECOGNISED IN THIS JURISDICTION  

Division 1 - Recognised offers  

SECTION 1200C   CONDITIONS THAT MUST BE MET TO BE A RECOGNISED OFFER  

1200C(1)    
For the purposes of subsection 1200B(1) , the conditions that must be met are those set out in this section.

1200C(2)    
The person offering the securities must be:

(a)    a person incorporated by or under the law of the recognised jurisdiction; or

(b)    a natural person resident in the recognised jurisdiction; or

(c)    a legal person established by or under the law of the recognised jurisdiction; or

(d)    a person of a kind prescribed by regulations made in relation to the recognised jurisdiction for the purposes of this paragraph.

1200C(3)    
The person offering the securities must not be banned under section 1200P .

1200C(4)    
The offer must be an offer of a kind prescribed by the regulations in relation to the recognised jurisdiction.

1200C(5)    
At least 14 days before the day on which the offer is first made in this jurisdiction, the person making the offer must have lodged with ASIC:

(a)    a notice in the prescribed form (if any) of the person ' s intention to make a recognised offer; and

(b)    the documents and information required to be lodged under section 1200D .

1200C(6)    
If:

(a)    before the offer is first made in this jurisdiction; and

(b)    after a document or information was lodged with ASIC under section 1200D ;

either:

(c)    an event of a kind mentioned in the table in subsection 1200G(9) happened; or

(d)    the address for service in this jurisdiction of the person proposing to offer the securities changed;

the person making the offer must have lodged with ASIC:

(e)    if paragraph (c) applies - the document or information that would have been required to have been lodged under subsection 1200G(9) for the event if that subsection had applied; and

(f)    if paragraph (d) applies - the changed address for service.