Corporations Act 2001

CHAPTER 6 - TAKEOVERS  

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 .

PART 6.5 - THE TAKEOVER PROCEDURE  

Division 4 - Updating and correcting the bidder ' s statement and target ' s statement  

SECTION 645   FORM OF SUPPLEMENTARY STATEMENT  

Identity 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.

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

(ii) otherwise - a unanimous resolution passed by all the directors of the bidder; or

(b)    for a bidder who is an individual - the bidder.

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.

Date

645(4)    
A supplementary statement must be dated. The date is the date on which it is lodged with ASIC.