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 1200D   REQUIRED DOCUMENTS AND INFORMATION  

1200D(1)    
For the purposes of paragraph 1200C(5)(b) , the documents and information required to be lodged under this section are:

(a)    any offer document required by the law of the recognised jurisdiction; and

(b)    the warning statement that is to be included with an offer document in this jurisdiction (which, if regulations are in force for the purposes of section 1200E , must comply with those regulations); and

(c)    unless paragraph (d) applies - the constitution of the body whose securities are to be the subject of the offer; and

(d)    if the securities that are to be the subject of the offer are interests in a managed investment scheme, rights or interests in such interests, or options to acquire such interests by way of issue - the constituent document of the scheme; and

(e)    details, in the prescribed form (if any), of any exemption from the securities law of the recognised jurisdiction that applies, but not exclusively, to the offer or to the offeror in relation to the offer; and

(f)    if the offeror is relying on subsection (2) - notice of the document or information that is not being lodged because of the offeror ' s reliance on that subsection; and

(g)    an address for service in this jurisdiction, in the prescribed form (if any); and

(h)    a copy of any exemption from the securities law of the recognised jurisdiction that applies exclusively to the offer or to the offeror; and

(i)    any other documents or information prescribed by the regulations.


1200D(2)    
For the purposes of this Chapter, a person is taken to have lodged a document or information under this section if:

(a)    the document or information has been lodged under Division 2 or 3 of Part 5B.2 ; or

(b)    the document or information is not required to be lodged because of section 601CDA or 601CTA .


1200D(3)    
For the purposes of this Chapter, a person is taken to have lodged a document or information under this section if the person lodged the document or information in compliance with subsection 1200C(6) .


 

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