Corporations Act 2001

CHAPTER 6A - COMPULSORY ACQUISITIONS AND BUY-OUTS

PART 6A.2 - GENERAL COMPULSORY ACQUISITIONS AND BUY-OUTS

Division 2 - Compulsory buy-out of convertible securities by 100% holder

CCH Note: Division 2 is modified by the ASIC Corporations (Takeover Bids) Instrument 2023/683; and the ASIC Corporations (Compulsory Acquisitions and Buyouts) Instrument 2023/684.

SECTION 665C RIGHT OF HOLDERS OF CONVERTIBLE SECURITIES TO BE BOUGHT OUT

CCH Note: Section 665C is modified by the ASIC Corporations (Takeover Bids) Instrument 2023/683; and the ASIC Corporations (Compulsory Acquisitions and Buyouts) Instrument 2023/684.

665C(1)
Within 1 month after notice under section 665B is given in relation to convertible securities, the holder of the convertible securities may give the 100% holder a notice requiring the 100% holder to acquire the securities.

665C(2)
The notice by the holder of convertible securities gives rise to a contract between the holder and the 100% holder for the sale of the securities on:

(a) terms agreed to by the 100% holder and the holder of the convertible securities; or

(b) the terms determined by the Court on application by the holder of the convertible securities.

665C(3)
If the Court makes a determination under paragraph (2)(b) in relation to the terms of sale for a holder ' s convertible securities of a particular class, the determination applies to all holders of convertible securities in that class who have applications to the Court pending for a determination under that paragraph in relation to the terms of sale of their convertible securities.

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