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 .
View history note
Hide history noteThis section applies if a document is required or permitted to be sent to a holder of securities under this Chapter.
Note 1: Division 2 of Part 1.2AA provides for technology neutral sending of documents.
Note 2: Section 109X makes general provision for service of documents.
648C(2)
If the document is sent by sending the document in a physical form in accordance with paragraph 110D(1)(a) , or by sending information in a physical form in accordance with paragraph 110D(1)(b) , the document or information must be sent: (a) if the document or information is to be sent to the holder outside Australia - by pre-paid airmail post or by courier; or (b) if the document or information is to be sent to the holder in Australia - by pre-paid ordinary post or by courier.
648C(3)
For the purposes of this Chapter, the document is taken to have been sent to the holder: (a) if the document is sent in a physical form in accordance with paragraph 110D(1)(a) :
(i) when the document is posted; or
(b) if the document is sent by sending information in accordance with paragraph 110D(1)(b) (sending information in physical form that allows electronic access):
(ii) if the document is sent by courier - when the document is given to the courier; or
(i) when the information is posted; or
(c) if the document is sent by sending an electronic communication in accordance with paragraph 110D(1)(c) - when the electronic communication is sent; or (d) if the document is sent by sending an electronic communication in accordance with paragraph 110D(1)(d) (sending information in electronic form allowing electronic access) - when the electronic communication is sent.
(ii) if the information is sent by courier - when the information is given to the courier; or
648C(4)
This section applies to a requirement or permission to send a document, whether the expression send , give , serve or dispatch , or any other expression, is used.
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