Corporations Act 2001
CCH note - modifying legislative instruments: The application of Ch 6 is affected by the following legislative instruments that commenced or were amended on or after 1 January 2022: the ASIC Corporations (Takeover Bids) Instrument 2023/683; the ASIC Corporations (Warrants: Relevant Interests and Associations) Instrument 2023/687; the ASIC Corporations (Replacement Bidder ' s and Target ' s Statements) Instrument 2023/688; and the ASIC Corporations (Relief to Facilitate Admission of Exchange Traded Funds) Instrument 2024/147.
For other legislative instruments or class orders before 1 January 2022 that affect the application of Ch 6, please consult the legislative instruments or class orders directly. These are reproduced in the regulatory-resources section of the company-law practice area in CCH iKnowConnect.
Note: This Chapter only applies to acquisitions of interests in a CCIV if the CCIV is a listed company: see Division 1 of Part 8B.7 .
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Hide history noteIdentity as a supplementary statement
645(1)
At the beginning of a supplementary bidder ' s or target ' s statement there must be: (a) a statement that it is a supplementary statement; and (b) an identification of the statement it supplements; and (c) an identification of any previous supplementary statements lodged with ASIC in relation to the bid; and (d) a statement that it is to be read together with the statement it supplements and any previous supplementary statements.
[ CCH Note: S 645(1) will be amended by No 69 of 2020, s 3, Sch 1[1002], by substituting " the Registrar " for " ASIC " in para (c) (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
Approval of supplementary bidder ' s statement
645(2)
The copy of the supplementary bidder ' s statement that is lodged with ASIC must be approved by: (a) for a bidder that is a body corporate:
(i) if the consideration offered under the bid is a cash sum only - a resolution passed by the directors of the bidder; or
(b) for a bidder who is an individual - the bidder.
(ii) otherwise - a unanimous resolution passed by all the directors of the bidder; or
[ CCH Note: S 645(2) will be amended by No 69 of 2020, s 3, Sch 1[1003], by substituting " the Registrar " for " ASIC " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
Approval of supplementary target ' s statement
645(3)
The copy of a supplementary target's statement that is lodged with ASIC must be approved by: (a) if paragraphs (b) and (c) do not apply - a resolution passed by the directors of the target; or (b) for a target that is under administration - the liquidator or administrator; or (c) for a target that has executed a deed of company arrangement that has not yet terminated - the deed ' s administrator.
[ CCH Note: S 645(3) will be amended by No 69 of 2020, s 3, Sch 1[1003], by substituting " the Registrar " for " ASIC " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
Date
645(4)
A supplementary statement must be dated. The date is the date on which it is lodged with ASIC.
[ CCH Note: S 645(4) will be amended by No 69 of 2020, s 3, Sch 1[1003], by substituting " the Registrar " for " ASIC " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
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